9, ^^a IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^1^ Ki ■tt 1^ |2.2 1.1 m 1.25 r-^ III-'-* — 6" VI c?> 7] '/ /A Photographic Sciences Corporation 23 WIST MAIN STRUT WEBSTER, N.Y. MSSO (716)a73-4S03 ^^4^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notas/Notas tachniquas at bibliographiquaa Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliographically uniqua, which may altar any of tha imagas in tha reproduction, or which rr^ay significantly change the usual method of filming, are checlced below. □ Coloured covers/ Couverture de couleur I I Covers damaged/ D D D D D Couverture endcmmagie Covers restored and/or laminated/ Couverture restauria et/ou peliiculAe I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes giographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) rri Coloured plates and/or illustrations/ D Planches et/ou illustrations en couleur Bound with other material/ ReliA avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serrde peut causer de I'ombre ou de la distortion le long de la marge int^rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutias lors d'une restauration apparaissent dans le texte, mais, lorsque cela Atait possible, ces pages n'ont pas M filmies. Additional comments:/ Commentaires suppl^mentaires; L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6ti possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique. qui peuvent modifior une image reproduite. ou qui peuvent exiger une modification dans la methods normale de filmage sont indiquAs ci-dassous. I I Coloured pages/ D Pages de couleur Pages damaged/ Pages endommagies Pages restored and/oi Pages restaurfies et/ou pellicuides Pages discoloured, stained or foxec Pages d6color6es, tachet^es ou piqudes Pages detached/ Pages ddtachdes Showthroughy Transparence Quality of prir Quality indgaie de limpression Includes supplementary materia Comprend du materiel supplementaire Only edition available/ Seule Edition disponible nnPages damaged/ Lidp. I I Pages restored and/or laminated/ rr;:3^Pages discoloured, stained or foxed/ I I Pages detached/ r~J>^Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ I I Only edition available/ Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6i6 filmdes d nouveau de fapon d obtenir la meilleure image possible. This item is f^^med at the reduction ratio checked below/ Ce document est film6 au taux da reduction indiquA ci-dessous. 10X 14X 18X 22X 12X 16X aox 26X aox 7" 24X 28X 32X &' Th« copy ffilmsd h«r« ha* b««n r«produc«d thanks to tha ganarosity of: Library Division Provincial Archives of British Columbia L'axamplaira film* f ut raproduit grica i la ginArosit* da: Library Division Piovincial Archives of British Columbia Tha imagaa appaaring hara ara tha bast quality possibia considaring tha conditicn and lagibility of tha original copy and in kaaping with tha filming contract spacifications. Original copias in printad papar covars ara filmad baginning with tha front covar and anding on tha last pag« with a printad or illustratad impras- sion. or tha back covar whan appropriata. All othar original copias ara filmad baginning on tha first paga with a printad or illustratad impras- sion, and anding on tha last paga with a printad or illustratad imprassion. Tha last recordad frame on each microficha shall contain tha symbol ^»> (moaning "CON- TINUED"), or tha symbol V (meaning "END"). whichever applies. Las images suivantas ont At* raproduites avac la plus grand soin. compta tanu da la condition at da la nattet* da raxamplaira film*, et en conformit* avac las conditions du contrat da filmaga. Lea exemplairas originaux dont la couvartura en papier est imprim*a sont film*s an comman9ent par la premier plat et en terminant soit par la darni*re paga qui comporta une empreinte d'impression ou d'illustration. soit par la second plat, salon la cas. Tous lea autras exemplairas originaux sont film*s en commenpant par la prami*re paga qui comporta una empreinte d'impression ou d'illustration et en terminant par la derni*re page qui comporte une telle empreinte. Un des symboies suivsnts apparaltra sur la derni*re image de cheque microfiche, selon le cas: le symbols -^ signifie "A SUIVRE". le symbole ▼ signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction retios. Those too large to be entirely included in one exposure ara filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent *tre film*s * des taux de r*duction diff*rents. Lorsque le document est trop grand pour *tre reproduit en un seul clich*, il est film* * partir de Tangle sup*rieur gauche, de gauche * droite. et de haut en bas. en prenant le nombre d'images n*cessaire. Les diagrammes suivants illustrant la m*thode. 1 2 3 1 2 3 4 5 6 ''''''^''^^^^mmmmmmmimmilKfKmfiiffiiKmmmKm Parliamentary Papers. REPORTS, RRITRXS. AM) ()THI;r I'AIM-RS, I'KINTKI) \\y THE HOUSES OE PARLL\MEXT OF GRI;AT BRITAIN AM) IRHLAM). xoLLMi; :l BehrlnR Sea Arbitration. British Case. n ,1 ARRAM.l:!) AMI llfUNI) IIV P. S. K 1 N(; cK: SON, PARLIAMENTARY BOOKSELLERS AND BOOKBINDERS, VVESTMINSTICK, LONMJON, SAV. IlU) C r; TENTS , t,^,n Report of Coranlsalon and Conmlsslonors , i»mt IIasdino Strmt, Klkt Stkiki. K.C, anu 32, AaiNODON Stkkkt, Wutminsth, 8.W.; oa JOHN MKNZIBS » Co., 12, UAHavrii Stbmt, Edikbukoh, and ' 90, WUT NlLK Stbist, OLAtaowi o* ' HOOOKti, FIGniS, & Co., Umitrd, 104. Chafton St>»t, Dvuik. T TABLE OF CONTENTS. l'aiigm|ih. l-'.>5 «G-a4 .15-.')'.) (i(t-70 71-N4 83 100 lUI 102-114 llS-144 145 lir. I I7-1.'>0 l.il-l.VI 15.5-l(il ir.2 101 lUU-108 ioy-170 171-190 li»7-208 20<)-22.) 221-243 2ll-'.'7f) 277-283 284-2U1 292-204 295-297 298-302 303-3 IC 317-325 326-343 344-356 .•!57-376 INSTRUCTIONS REPORTS. JOINT REPORT REPORT OF BRITISH COMMISSIONERS Intruiliictnry i> .. .. .. .. •• .. I'Aiir 1.— suMMAKV oi" r.vrrs anu conciasions. I. — The KonMiiR, I'rksknt, and I'isosi'jxtivk Comihtion ok thk ri'U-Sl'.4L KimiEUY IN TUB N'oKTII I'ACiriU Ol'KkS. (A.) OoiuTil C'oiiditioiiH iif Sciil Life .. .. .. ., (H.) Killing on tlio llrrciliiit; I^lallllH,, .. .. .. ., (C) Scaliii); at Si-ii ,. ,. .. ., ,, (O.) Ailtlitioniil pointit conni-cti'il with SoiiliiiK at Sim or on Slmro . , (Iv) Kornii'v uml |n'08i'nt voiiilitiuii of tlio Iniluxtry .. II. — CoNSIDF.IIAl'IONS lU'.I.ATIMI lO TIIK ll.lsls UI'ON WIIICII l'UI.CAI)'l'IONH MAY ni: nKviBKD I'oit Tin: Fueikrvation ok tug Fur-Scai. (A.) Inti'i'tKlN inrolvi'il ., .. .. .. .. (B.) rriMci|)U-8 involreil .. .. .. .. .. ., [C.) Sunnunry of general conditiunN iH^nring upon l{i'^iilation« ., .. III. — Mkasvrkk For thk Protection anh I'reskrvation ok thk Fur-Seai. UK the North 1'acikic. (A.) 'ii'iiPfnl "xti'f' of Miasuies iiMniiii'il .. .. ., fi.) Iniprovcnu'nts in tlio Mi'tlioils of lakin|» SoaN , . (ii.) Ui'striction ill tin- Number of SrnU taVi'U .. (II.) S|Hi'ilie felit'Mie of Ite^ulatioii.- iTeoniniomled ,. ., (f.) Melliods of tjivinj; eU'i'Ct ti) Uo^ulations ,. (D.) Altds of Kest .. .. ,. (iii.) Total I'roliibili'jn of Killing on the llreediii); Iclnnil,^, nit onrrent stiict Kegulation of lVlaj»ic Sealinjf ., (K.) Iiiternntional nc'tioii ,. I'AUT II.— DKTAll.KI) OIl.si.itVATID.NS ON IIIK FAC'IS AND CONDITIONS OK SKAI, I.lKi:. 1. NvUliAl llI^TlU!^ AM) KnVUIiiSMI N 1 01 I II I: I'u ll-St; I I. OK HIE Nouii! 1'a< 11 H'. (.\.) .Mi;!iiitioii' and l!;iiii;e of the Fur-Seal of the North Pacifie — (i.) I'iistirii liiile ol the North Pat itie .. .. ., (li.) Wei-tern side of the NiTlli I'aciliu.. .. ., ., (iii.) Distribiilioi) at Sea (B.) Food of the lur-Senl . . (C.) Physical charaeterislies of the I'rilnlolf and Coinniandrr IslaiidH, and iia'uiv of the llreediiij; (iiouiid.< (!'.) Aiiunal progress of events in Seal Life on the Iheediii;; Islands (K ) A^es at which Males re.ioli Virility and the l'einiile< piodiiee Young ., (F.) Ki'tpiisite proportions of iexe« .. .. .. ,. ,, (G.) Coition .. .. .. .. .. .. ,. (H.) Age at which the young Swim. — Number of young at n lliith ,, (I.) Dintauees to which Seals go fruin the llreodiiig MamU in seiiich of Food, aud times of Feeding , . , . , . . . , , (J.) Halit'< when Suckling. . .. .. .. (K.) Natural causes uf Destruction .. ., ., ., .. (L.) MoitaUty of Youug Seals in 1891 (M.) Methods of enumerating Seals on the Pribylotf Islands and estimates of NumU'rs ,, .. .. .. .. .. I'ogo V, VI, VII I 2 3-4 0.7 7-11 11-13 12-14 11-16 17 17-19 19-23 23 .. 23 24 , , 24 , , 25 ^ ^ 26 26 slaiids, , , 26 • . 20. 27 h eoii- •21 27, 28 2'.»-y2 32-34 34-38 38-42 12-49 49, 60 50-52 52 52,53 53,54 54-57 57, 68 58-61 61-64 64-67 : TAlH-i: OP CONTENTS. Pnrnnrnph. I'ag.. 377-395 (N.) Varioim imtun.l i:iilirntinna it furmi'r extent of ground occupied by tktli on the i'rilijIiilT liilnndii ., .. .. .. .. 67-7 i 30»-U(i (().) rhnnfte* in Ilnbilg of the Fnr-Seal in .crent yeor» . . , . 71-7J «7-uthern | irt nf the North Anicrirnn eimut 79 481-457 (Q.) Connrction or intorcliniige of StiiU hi ween the I'rihyloir and Citnr- niiindor InlniMU ,. .. .. .. .. ,, 79-81 ■1 58-4 7 3 (H.) Conditionn nffeetinu tlie Sca.Ottcr nnd .mu Cow rontriistrd with those ntft'Ctinit the Fiir-Scnl 81-83 474-525 (S.) Hrrrdinft I'lncen nnd Hmortn rf the Kur-Scal on the Woclern Side of ' tlio North rncific . . 84-91 520-570 II. — NaT!VI..4 or TIIK ('.) Componition of 1 'nteli . . ,, ,, ., .. .. l('l'-113 654-068 ( K.) Future of tho Iiidixtry . . . , . , . . . . IV.— roNTBOL AND MkTIIODII OF SeaM^IO ON THE PHinYIOFF Isl.Atin!!, TIIKIU NaTVRK AMI! HeHDI.TK. 113,114 659-673 (A.) Mcthodit employ .t 1)1 TcisiiH mill Aiilliorillr^ supjilyiiiK fviilonor .. CiHMiIai- t 1 mill n pliis (Voin C'dloniiil .iinl rciiiiiin (ii)\irMiii,'iil< ,. \iniMU'« litii-iB mill ruiniiiuniriu un« rclaiiinr to tlii' K.ir-Scnlo of tin- Dritinh Colr.Mibiiin iii.il in ii;|ilioiiriii({ (■■■nili Misci'llii.DiMiiii I'orrcspoiiiloiico anil Mi'iiiorniKlii . . S»m1 Piiviei vntioii Iti'niiliiUoin miil Oi'.liiiniii'o.H . . I'niti,iiliii» I I Pi-liiKic- Ciiti'h 111' lliitish and Unitoil SialcV Si'alinu-Tcwclii. IS7I-'.II .. .. ,. .. ., . Mispi'lliim-ousi 'I'.iliji'i .. .. Alliilaxits riLitiiig 111 Pilii^lf Sfaiiiij;.. I'liK.' 151-153 144-1(19 170-178 179-iyj 193-203 20-1 212 213-218 219-241 HKIinfNG SKA COMMISSION. INSTlUKrnnNS I'O IMJITISII COMMIKSIONKRS. No. 1. Till' Marqiih nf SfiHnhiirii In Sii G. nnHrn.Pnwrll nnd />r. Daimon. Ocntlcnifii, I'oiriijn Office, .Inni- 21, 18J)1. TIIK Qiicoii liiiviii;' Ijteii y:rn''itmsly pic- ' 1 In a|i|Miiiit voii to he lu-r Commissioners lor the purpose of iixiiiiriii;; into the cimdiMoi • t' seiil lite in Mehrin;; Sea iiml other ports of the Nortli I'neilie Oeoiin, I trannmit to v ii herewith Her Mii.icstv'x Commission under tlie Hi^ii Mnnunl to that eti'eet. The main ohjeet of ymir in(|iiiry will le to i -i-crlain. '• What international arninjjo- mcnls, if any, are necessary hetween (Ivcut llrilain and tlic United States, and Russia or any other Power, for the purpos.; of presii inj; the fur-seal race in lleliring Sea from extermination '.'" Her Majesty's (;overnnienl. have proposed to tlie United States tliat liie investigation should lie conducted hy a (.'onimission to consist of four experts, of whom two shall be nominated hy each Oovernment. and a Clutirnian, wlio shall he nominated by Arbitrators. If the Hovernmcnl of the United Slates afjree to this pmposul, you will be the Delegates who will represent (Sreat Britain in the Commission. But, in the meanwhile, it is desirable that you should at once commence your examination of tiie question, and that for that purpose you should proceed as soon as you conveniently can to Vancouver, from whence the Lintls Commissioners of the Admiralty have been reipiestcd to proviile for your loiiveyanee to the various sealing gnmnds and other jdaces which it may be expedient for you to visit. Application has been made to the ITnited States' (Sovernment for pcrmis.sion for you to visit the seal islands under their jurisdiction, and a similar re(|ucst will he addressed to the Russian (Government in the event of your llndin;; it Mccessary to visit the Coninumder Islands and other Russian sealing grounds. Your attention should be particularly devoted to ascertaining — 1. The actual facts as regards the alleged serious diminution of seal life on th« Pribylolf Islands, the date at which such diminution l)egan, the rate of its progress, and any previous instance of a similar occurrence. 2. The causes of such diminution ; whether, and to w hat extent, it is attributable — (a.) To a migration of the seals to other rookeries. (6.) To the method of killing pursued on the islands themselves. (r.) To the increase of sealing upon the high seas, and the manner it which it is pursued. I need scarcely remind you thai your investigation siiould be carried on nitn strict impartiality, that yen .should neglect no sources of information which may be likely to assist you in arriving at a sound conclusion, nnd that great enrc should be taken to sift the evidence that is brought before you. It is equally to the interest of all the Governments concerned in the sealing industry that it should be protected from all serion . risk of extinction in consequence of the use of wasteful and injudicious methods. You will be provided with all the documentary evidence in the possession of this Department which is likely to be of assistance to you in the prosecution of your inquiry. Mr. A. Froude has been appointed to be your Secretary, and will accompany you on your tour. vi Sepiirntc dcspatclios will In- luUlressed to you with regard to the expenses of your misnion, and tlic form in whicli your correspondence witli tliis Oflice should be conducted. I am, &c. (Signed) SALISBURY. Inclosure in No. 1. Commission passed under the Royal Sijjn Manual and Pijjnet, appointin"; Sir George Smyth Baden-Powell, K.C.M.G.. M.l'., and Georgo Mercer Dawson, f.LD., F.R.S., to undertake an inquiry into the Conditions of Seal Life and the i)recautions necessary for preventing the extermination of the I'ur-senl Species hi Beliring Sea and other parts of the North Pacitic Ocean. VICTORIA, by the Grace of God. of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India, &:c., to nil and singular to whom tliesc presents sliall come, greeting I Whereas, we have (iecmcd it expedient that Commissioners should be appointed for the purpose of inquiry into the conditions of seal life and the precautiims necessary for preventing the extermination of the fur-seal species in Beliring Sea and other partd of the North Pacific Ocean : N'ow, kno.v ye, that we, reposing especial trust and confidence in the diligence, skill, and integrity of our trustv and well-beloved Sir George Smyth Baden-Powell, Knight Commander of Our Most Distinguished Order of St. Michael and St. George, Member of Parliament; and of our trusty and well-belo\ed Professor George Mercer Dawson, Assistant Director and Geologist of the Canadian Geological and Natural History Survey, have nominated, constituted, and appointed, and do by these presents nominate, constitute, and appoint tliem our Commissioners to undertake the inquiry aforesaid : And we do hereby give to our said Commissioners full power and authority to do and perform all acts, matters, and things which may be necessary and proper for duly carrying into effect the object of this our Commission. In witness whereof we have signed these jirescnts with our Royal hand. Given at our Court at Windsor Castle, the 22nd d.ay of June, in the year of our Lord 1891, and in the fifty-fifth year of our reign. By Her Majesty's command, (Signed) SALISBURY. .il No. 2. The Marguis of Salisbury to the Behring Sea Commissioners. Gentlemen,^ ^ Foreign Office, January 15, 1892. I HAVE to inform you that Her Majesty's Minister at Washington has sent home the text (if seven Articles, signed by himself and Mr. Blaine on the 18th ultimo, which are to be embodied in a formal Agreement between Her Majesty's Govern, ment and that of the United States for referring to Arbitrators certain questions at issue between the two Governments in regard to the jurisdiction claimed by the latter over the waters of Behring Sea in connection with the fur-seal fisheries therein. Sir .J. Pauncefote has also forwarded the text of an Agreement signed on the same day for the appointment of two Commissioners by Her Majesty's Government and that of the United States respectively, to irvestigate, conjointly with the Conmiissioners of the other Government, all the facts relating to ;jeal life in Behring Sea, and the necessary measures for its proper jirotection and preservation. A copy of Sir J. Paunccfote's despatch, inclosing both these docu;nents, is forwarded herewith for your information. I now transmit the Queen's Commission under the Sign Manu.il appointing you to be Her Majesty's C'omuiissioners in accordance with the provisions of the Joint Com- mission Agreement, and I request that you will proceed to Washington as soon as you can conveniently do so, in order to draw up the Report indicated in the second paragraph of the Agreement. vu The information which has been obtained by your AincrJAin colleagues and your- selves during your recent risit to Hehring Sea will supply yii with material for the preparation of your Report. There arc, however, a few points to which Her Majesty's Government consider it desirable tiiat your special attention should be directed. You will observe that it is intended that the Report of tlie Joint Commissioners shall embrace recommendations as to all measures thnt should be adopted for tlie prescr- vatidu of scnl life. For this purpose, it will be necessary to consider wlint Regulations may seem advisable, whether witliin tiio jurisdictional limits of the United States and Canudii, or outside those limits. The Reguhitions whic'.i the Commissioners may recom- mend for adoption within the respective jurisdictions of the two countries will, of course, be matter for the consideration of the respective Governments, while the Regulations aftecting waters outside the territorial limits will have to be considered under clause ti of the Arbitration Agreement in the event of a decision being given by the Arbitrators against the claim of exclusive jurisdiction put forward on behalf of the United States. The Report is to be presented in the iirst instance to the two (.Jovernnients for their consideration, and is subse(|uently to be laid by those Governments before the Arbi- trators to assist them in determining the more restricted question as to what, if any, Regulations arc essential for the protection of the fur-bearing seals outside the territorial jurisdiction of the two countries. In the event of any points arising on which the Commissioners are unable to arrive at an understanding, they should report jointly or severally to each Government on such points. In conclusion, I have to state that Her Majesty's Government place every reliance on your tact and discretion in the conduct of your investigations with your American colleagues, who will, no doubt, be e(iually desirous with yourselves of arriving at a common agreement on the questions to be discussed. I am, &c. (Signed) SALISBURY. Inclosurc in No. 2. , 4 Commission passed under tlio Royal Sign Manual and Signet appointing Sir George Smyth itaden-Powcll, Iv.C.M.G., M.P., and Professor George Mercer Dawson, Assistant Director and Geologist of the Canadian Geological and Natural History Survey, to be Her Majesty's Commissioners under the Rehring Sea Joint Com- mission Agreement between Groat Britain and the United States of the 18th December, 1891. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Kmpressof India, &c..&c., Sec, to all and singular to whom these presents shall come, greeting ! Whereas we have deemed it expedient that Commissioners should be appointed for the purpose of inquiring into the conditions of seal life in Behring Sea and the measures necessary for its proper i)rotcction and preservation under the Agreement bctwc.n Great Britain and the United States of America of the l>Sth December, 1S'.)1. Now know ye that wc, reposing especial tnist and confidence in the diligence, skill, and integrity of ou'' trusty and well-beloved Sir (Jeorge Smyth Baden-Powell, Knight Commander of our most distinguished Order of St. Michael and St. George, Member of Parliament, and of our trusty and well-bcloveJ Professor George Mercer Dawson, Assistant Director and Geologist of the Canadian Geological and Natural History Survey, have nominated, constituted, and appointed, and do by these presents nominate, constitute, and appoint tlicm our Commissioners to tmdertako the inquiry aforesaid. And we do hereby give to our said Connni-sioiiers Full Power and authority to do and perform all acts, matters, and things which nniy be necessary and proper for duly carrying into elfect the object of this our Connnission. In witness whereof we have .signed these presents with our Royal hand. Given at our Court at Osboinc tlie 1st day of January in the year of our Lord 1892, and in the 55th year of our reign. By Her Majesty's coumiand, (Countersigned) Salisbuht. ( 1 ) BEIIUING SEA COMMISSION. JOINT KKl'OUT. No. ;i. 'I'lif I chriiii/ Hen Cuiniiiis.^ionrrs to the .Vw;-(yi((N of .'n ot" seal lite in tlie Xoitli I'acilic Oooan. I'liclcr llio instructions coiitaiiu'd in vour Lordsiiip's dospatciios of tlio '.Mtii .liiiu', IS'il, and of tlie lulli .lanuary last, ami in acfordanco will) tin- terms df ilio Ajiroo'niMit arranyod lutwoi-n tlio two Ciovornniciits. tlio ro(ini>iti' i:ivosti^;itions have been carried out; the .liiint Report, as now snlimittod, has lieen a: reed to; ami «e are at pre.-ent eni;aued in drawing,' i\[) our ••several " lu'iiort;-'. doalinn' witii ilmse fiels nf seal life. i>ml measures necessary tor its projier iiroteilion and (jreservaiion. on which no i'ureement was come to in the .loint Keport. Wo have, Ike. (Sionod) CKOlUiK ii.ADHN-roWHLL. (iKOiJGH .M. DAWSON. Inclcsuro in No. ;5. nHlllUNG SK.\ COMMISSION .JOINT HEi'OnT. .\n Aijreement liaving been entered into between the Goverr.ments of Great l?ritain and tlie I'nited States to the etioct that^ '• I'^ai'h (Jovernuiont shall appoint two Commissioners to investi_i;;ate, conjointly \.ilii the CommissiontM's of iho other (Joveniment, all the facts having' relation to seal life in Uehrini;- Sea, and the inciisurcs necessary for its proper protection and preservation; " The four Commissioners shall, so far as they nniy be able to a!i;ree. make a .loint IJeport to each of the two Governments; and they >hall also report, either Joiritly or severally, to each (Jovernment on any jioints upon which they may be imable to aj;ree ; '•These Reports shall not be made public until they shall be submitted to tiie Arbitrators, or it shall app^'ar that the continijcncy of their beinn- used by the .'iriiitrators c.nnu)t arise ;" And we, in accordance with the aliove Agreement, having been duly commissioned lij our respective Governments, and having communicated to eac!i other our respect'.\e powers, found in good and due form, have agreed to tin; following Report : — 1. 'I'lie joint investigation has been carried out hy us, and \ve ha\e utdiz'd ad sources of information available. 2. The several breeding places on the PribylolF Islands have been examined, and tlic general management and methods for taking the seaU upon the i>land-! have ben investigated. ;i. in regard to the distribution and Inibits of the fnr-senl when seen at sea, int'or- ination based on the observation i rccarded by the cruizeis of tiie United States and |30o] B a Great Brilnin, engaged in cnnyinf;- out the modus vIreiuH o( If^Ql, 1ms been c\chnngcd for tlic purpose of enal)lin.»: gonernl conclusions to be arrived at on these points. 4. Meetings of the .loint Commission were held in Wasbington, beginning on Monday, the 8tli February, and continuing until Friday, the 4tb March, 1892. i\s a rcsidt of these meetings, we find ourselves in accord on the following propositioi:8 : — 5. Wo arc in thorough agreement that, for industrial, as well as for other obvious reasons, it is iiicunil)ent upon all nations, and particularly r.pon those having direct commercial interests in fur-seals, to provide for tl'vir proper protection and preservation. 6. Our joint and several investigations have led us to certain conclusions, in the first place, in regard to the facts of seal life, including both the existing conditions and their cau.ses ; and, in the second place, in regard to such remedies as may be necessary to secarc the fur-seal against de|)lction or commercial extermination. 7. AVe tind that, since the Alaska purchase, a marked diminution in the number of seals on, and habitually resorting to, the Pribylolf Islands has taken place ; that it has Iieen cumulative in effect, and that it is the result of excessive killing by man. 8. Finding that considerable liitl'erence of opinion exists on certain fundamenta' propositions, wiiich renders it impossible in a satisfactory manner to express our views ii a Joint Report, we have agreed that we can most conveniently state our respective conclusions on these matters in the "several" Reports which it is provided maybe submitted to our respective (Jovernments. Signed in duplicate at the city of Washington this 4th day of March, 1802. (Signed) GEORGE S.MYTH liADEN-POWELL. GEORGE MKRCER DAWSON. THOMAS CORWIN MENDENHALL. CLINTON H.ART MEKRIAM. (Signed) Ashley Anthony FK0UDE.-1 ^^.,^ S,,,,taries. JosETU Stanlky-Biiown, J IIEPORT OF THE BRITISH BEHRING SEA COMMISSIONERS. No. 4. The Behring Sea Commissioners to the Marquis of Salisbury. — {Received August 14.) My Lord, Foreign Office, August 13, 1892. WITH reference to our despatch of the 4tli Marcli, 189-*, inclosing the Joint llcport of tlie Joint Commission, we now liavc the iionour to submit, as the " several " Report contemplated in that despatch, the Report whicli (ve have had tiic iionoar to make to Her Majesty the Queen under the Commission appointinj; u< to investigate seal life in IJehring Sea. Wc have, &c. (Signed) GEORGE BADEN-POWKLL GEOimE M. DAWSOy. Inclosurc in No. 1. REl'OHT. To THE Quekn's Most Excellent Majesty. May it please Your Majesty, AVe, your Majesty's Commissioners, appointed to undertake an inquiry into the conditions of seal life and the precautions necessary for proventing the cxlorniination of the iiir-seal species in Behring Sea and otlier parts of the Noitli Pacific Ocean, l)eg to submit liie following Report. :.'. The main object of our inquiry was to ascertain what international arrangements, if any, were necessary between Greit Britain and tlie United Stales and Russia, or any other Power, for the purpose of i)reserviiig the fur-seal race from extermination. '.\. We were further instructed that }Ier Majesty had proposed to the President of tilt United Slates that the investignlion should be conducted l)y a Joint (,'omn>ission of tiie two nations, and that, tn the coiiclnsion of an Agreement jjrovi ling for tiiis, we were to he the Delegates who would represent Great Rritain on tlie Commission. 4. It was also understood that the investigations and conclusions of this Joint Commission would be ultimatere also addressed to several countries outside the prohnhle scope of our personal incpiiries, from which collateral information of iuipoitance could he derived. With the aid of the Canadian and Imperial Govern rents, a series of questions were sent to the various (iovernnients who now hold the chief resorts of the fur seal in tiic Southern Ilemis|diere, namely, the Argentine, Uruguayan, Chilean, and llr.izilian I'epuhlics, and the Co'onies of the Falkland Islands, the Capo of (Jonl Hope, 'lasninnia, New S()uth Wales, Victoria, iind New Zealand. 10. Inquiries were also made for information in regard to the North Pacific seal fisheries to the Governments of Russia and Japan, to Her liritnnnic Maje>ty's Consids at Slianghae, Canton, Honolulu, and !?an Francisco, and to the Canadian Indian Agents along the coast of Hritish Columhia 1 1. In regard to personal work, a hrief account of our proceedings will explain the jdan of action adopted, and we append a Chart of our track. From the ( th to the Jlth duly wo consulted with the Canadian Ministers in Ottawa; we then crosscl the continent hy train, and at Vancouver and Victoria held prearranged interviews with those who wore engaged in the practical work of scaling, and with the Cominaniler-iii- chief of the Pacific Station and the port authorities. So soon as the chartered steamer " Damihe" could he got ready for sea, we left on a direct course for the port of lliuliuk, in Unalaska Islnnd. 12. The " Danuhe " made the passage of ahout 1,400 miles in seven and a half days. After consulting at Unaiaska with the Senior Naval Officer, Connnandcr Turner, of Her Majesty's ship " Nymphc,'' we made the h.st of our way to the I'lihyloif Islands, where we spent several dnys carrying out our first inspection of the seal rookeries in com])any witii Professor Mendenhall and Dr. Mcrriam, the Commissioners-designate ol the United States, every hospitality and courtesy heing afforded hy the officials both of the Government and of the lessees of the islands. 13. At this date the rookeries were still at their fullest, and the organization had not yet hroken up. After careful inquiry into the various questions connected with the habits and treatment of tlie seals on these islands, we started on the (Jth August on a cruize of l,ioO miles to the eastward and northward in company with Her .Majesty'.s vhip " Phca.sanI," to .satisfy ourselves as to the limits of the range of the fin-scal in tiiosc parts of Helning Sea. We visited the native and «)ther Settlements <.n Xuiiivak Island, Cape N'ancouver, St. Matthew Island, St. Lawrence Island, and Plover Hay in Mastcrii Siberia, near the entrance of Rehring Straits, returning thence for a second inspection of the Prihyloff rookeries and to note the diHerence in their appearance after a fortnight's interval. If. 'J'hencc we pr.'ceeded to lliuliuk Harbour, Unalaska. to communicate hy appoint- ment with the Commanding Officers of the English and United States' war-ships as to fiitnie niovcnieuts. Leaving that port on the 24th August for the westward we cruized along the Aleutian chain, calling at the Islands of Atka and Attn, on whicii are the only remaining native Settlements in the western part of tlie Aleutian chain. 1 ">. We then crossed to the Commander Islands, and ihere received from tho Russian authorities every facility and courtesy in our task of learning all we could concerning seal life on those islands. 'I hence we proceeded down the coast of Kamschatinrd to the important point of the facts and reasons of the ])rescnce of the fur-seal in partice.lnr portions of the ocean at particular seasons of the year, a point on «hich we conld find little or no previous descriptions or recorded observations, records were collated from schooncis engaq^ed in sealing, and for 1891 we formidated a plan of seal logs and seal track-charts based on recorded observations of seals seen at sea, whicli has been very efficiently carried out on the British men-of-war "Nymphe," "Porpoise," and " Phcasnnt," iind on our own chartered steamer, the " D.anube,"— similar work having also been carried on by the United States' men-of-war and revenue-cutters employed in Behring Sea during the same season. For this purpose also special inquiries were made as to tlie kinds oi' fish constituting the favourite food of the fur-seal. Photographs were also taken by ns of t!ie seals, t'-cir breeding places, and surroundings. 2;{. It niny be observed further, that in obtaining evidence from persons of experience or knowledge of the subject, we adopted, in general, the informal plan of free inter- views and independent conversation. In this way we acquired very distinct and trustworthy knowledge of their opinions and experiences. 21'. The witnesses who thus gave evidence included oliicials of the Governments and the Comjan'es, and ex-ofiicials now otherwise employed, owners, captains and hunters engaged in pelagic sealing ; natives, chiefly Aleut and Russian half-breeds, engngcd in killing and skinning seals on the PrihylofF Islands; natives, such as Indians, Innuits, and Aleuts, who habitually hunt and kill fur-seals, and merchants and others connected with the trade in furs. 2i^. In the fcdlowing statement of the results of our investigations, wc propose, first of all, to jircsenl, in summary, in Part I, a general view of the conclusions at which we have arrived as to the condition of seal life in the North Pacific Ocean, and as to the measures necessary for the preservation of the fur-seal industry. We would then, in Part II, deal in a more systematic manner and in detail with the various divisions of the subject, and subsequently give, as Appendices, such corre- spondence and statistics as may be needed to complete our account of the suiyect under investigation. Habits of the fur-teil, Migrations. Winter anl sumrr.i-r habitat'. Events on breeding' places. • t-, Itrceiliiig places. 6 Paut I. SUMMARY OF FACTS AND CONCLU3rON.<. I.— The FoHMKii, I'rk.skxt, axi> I'iio.si'ective Condition' of the Fiii-sE.Mi FisuEiiv IN THE NoiiTii Pacific Ocean. (A.) — Geneiiit Conditions of Seal Life. -C>, Tlic fui-soal of the Nortli Pacific Ocean is an nninml in it.s natnio cssciitinlly pclafjfic, which, (hiring the creator part of cacl> year, has no occasion to seek tlia land, and very rarely does so. For so i e portion of tiie year, however, it natuniUy resorts to certain littoral hreedinj? places, wheie the young are hrotight fortli and suckled on land. It is gregarious in habit, and, though seldom fouml in defined schoids or compact bodies at sea, congiegatcs in large numbers at the breeiiing places. Tiiroughout the l)iecding season, the adults of botii sexes — if not entirely, at lea.st. for very consi'lenible peiioiis — abstain from food, but during the renmituler of the year the seals are notably iiilincncod in their movements by those of tiie food-fishes upon which they subsi.st. 27. Such movements are, however, subordinate to a more general one of migration, in conformity with wltich the fur-seals of the North Pacific travel northward to the breeding islands in the spring and return to tiie soutiiwartl in the autumn, following two main lines, one of wliicli appro.\imatcs to the western coast of North America, while the other skirts the Asiatic coast. Those animals which pursue the first-mentioneil migration- route, for the most part breed upon the Pribylofll' Islands in summer, and spend the winter in that part of the ocean adjacent to. or lying off, the coast of Itritisli Columbia. Those following the second route breed, in the main, on the Commander Islands, and winter off the coasts of Japan. The comparative proximity of the breeding islands frequented by the seals pertaining to these two migration-tracts during the summer insures a certain interrelation and interchange of seals between the two groups, to an e.\ti lit not fully known, and which doubtless varies much in different ycarf 28. The fur-.seal of the North Pacific may thus be said, in each cast, to have two habitats or homes between which it migrates, both equally necessary to its existence under present circumstances, the one Irt^quented in .summer, the other during the winter. If it were possible to contine the fur-seal to the vicinity of the northern islands resorted to during the breeding season, or even within tiie limits of Hehring Sea, tlie species would become extinct in a single year ; but if, in any way, it were to be debarred from reaching the islands now chiefly resorted lo for breeding purpo.ses, it would, according to experience recorded elsewhere, speedily seek out other places upon which to give birth to its young. L^l. The fur-seal of the Southern Hemisphere, while recognized as distinct in kind, resembles that of the North Pacific in its haldtual resort to littoral breeding places and in other respects, but is not known to migrate regularly over such gretit tracts of sea, or to have definitely separable summer and winter haid'.ats. oO. With reference to the length of the period during which the fur-seals resort to the shore : — The breeding males begin to arrive on the I'ribylolf Islands at varying dates in May, and remain continuously ashore for altout three months, after w hicli tliey are freed from all duties on (he breeding rookeries, and only occasionally return to the shores. The breeding females arrive for the most part nearly a montii later, heating their young immediately on landing, and remaining asiioie, jealously guarded by the males, for .several weeks, after which t'..ey take ever}' opportunity to play in the water cloj-e along the beaches, and about a month later they also begin to leave the islands in seaicli of food, and migrate to their winter habitat. The young males and the young females come ashore later than the breeding seals, and at more irregular dates, ami " haul out " by themselves. Lastly, the pups of the year, born in .June and July, commence to " pM no eomnicri'ial value, was a useless waste of Beal life. On the Commander Islands this ))raetice ceased alter the year 187 i. It was strongly jmitested against as early as 1875 on the Pribyloff Islands, but was not actually forbitUlen there until (he year I8i)l. SO. The number of seals annmilly killed on the Pribylolf Islands during the earlier years of the liussian regime is not accurately known, tlu)Ugli fairly exact slati>ti<'s are extant from the year 1817. SuHicient is known, however, to show that the number killed in various years before this date diil'ered widely, and was in some years excessive. The wiiole number of seals killed in certain ti;rins of years has been recorded witli approxiimite accuracy. A study of the figures thus available indicates that the average annuil killing during the twenty-one years, 17fi7 to 1800, both inclusive, was about 60,()i)0; during tiie nine years, fnim 1807 to 1810, it was approximately, 47,500; and during the years from 1817 to 1S(J0 was l^'i.OOO. Combining the whole period covered by the ligures above (pioted, and adding (he year in wliich the islands were discovered, wc find that the killing on Uie rribyloil islands averaged lor thi- term of eighty-one years about 3I-,0,)0 annually. The exact ligures, in so far as these can be obtained, are given i^i a tabular form 40. 1 he e.Nccssive killing ot seals in certain years of the Kus.-ian jjcriod of conliol, together with thi,* neniiy promiscuous slaugliter (for the lirst part of this peiiod) of seals of both sexes and all age-<, lioulitless h.ul niuch to do "ith the alarming decrease in seal life whiL'h nccmied more th.in once tiuiing this period. Jl is to he noted, iiowever, in this connecli'Mt, that as both males and females continue to lie jjrodiiclive as Ineodeisfor a number of yeais, the eli'ect of exces.sivo killing of any particidar class of seals, such as young males or young females, for tw,> or three consecutive years, coidd only produce its full effect 01! the breeding " rookeries " after the ' qise of four or livv- vi-nrs. It istiius instructive to observe thnt even to maintain the Ciimiianitively low average number killed during the l'us>ian ])erioil, it was found absolutely necessary on several ccca.sions to institute peiiods of rest or "zapooska," in which all killing of seals was prohibited for some years. 41. It is also noteworthy, that tor many years previous to the close of the Russian control (probably from about 18 12) under a more cnlij^htened .s\slem of nuinagcment than that of the earlier years, the number of seals resorting to the i^laIuls was slowly increasing, and that the average number taken annually was gradually raised during these years from a very low ligure to about 30.000, without apparently reversing this steady improvement in the numbers roorting to the islands. 42. In lSl)7, the last year of the liussian tenure, a sudden and great increase in the take of seal-skins was allowed to occur, and the number rose abruptly in this year to about 75,000. 43. In the next year, being the fust in whicii the I'rihylod Inlands passed into the control of the United States, an almost promiscuous slaughter occurred, in wiiich it is estimated that over •242,000 seals were killed. In 1800 about 87.000 seals in all were killed, making an avera;;e number for each of the three years, 1807 to 1801), of over 130,000, and including large numbers of females. 44. The cU'ect of the irregular and excessive killing on the breeding islands in these three years (long before pelagic sealing had grown to be of any importance) became apparent in two principal ways: (1) the number of seals diminished on the breeding islands to an extent much greater than could be accounted for by the actual number slaughtered, and at about the same date the seals were seen in unprecedented abundance oft' the British Columbian coast to the soutl'.ward (facts clearly shown in the diagrams and by the figures elsewhere given for the catch) ; (2) the number of young produced in the three following years was much less than before, and this, in conjunction with the extraordinarily liigh limit of 100,0«)0 allowed by law to be taken each year, com- mencing in 1871, speedily brought about a very nuxrked decrease in males of killablc age. Thus, in lS7o, notwithstanding the gcoerally optimistic tone maintained in official report.s, we find a first significant note of warning, and economy of seal life is inculcated. In the same year the number of skins obtained was considerably reduced in lace of a steady market, and before the decline in ])rices of the two succeeding years, which decline, no doubt, accounts in part tor the still smaller number of skins taken in these two years. . . ,• . x . i. ..;j.> 5 |i|l 45. It is particularly important to note tlio ofToutM of tlio excessive killing of the jreara 1807-08-09, which, combined with those ensuing from (ho slaughter of male eeals of par- ticular ages in various years to 1870, can bu closely followed, chiefly b^ means of Caplain Bryant's intelligent notes on this period, which are elsewhere summarized (§ 810 et aeq,). 40. ll is clearly apparent, nnd is borne out by the experience of later years, that any severe disturbance of the natural conditions on the breeding islands is at once reflected in changes of habits of the seals and in the irregularities and overlapping of dates in tiio annual cycle of seal life. Such changes are not prevented by the restriction of killing to males, for an excess in number of males is a part of the natural conditions ; nnd any change in the proporticm of males, even if not pushed so far as to become in itself a cause of decrease in numbers born, constitutes a true cause of change in habits, and has a very special effect on the time and place of landing of the females (§ 306 et sei/.). An excess in number of males, with the consequent competition for females, must, in all probability, further bo regarded as a provision for maintaining the strength of the race as n whole by means of natural selection, and in the case of the fur-seal it is not possible to substitute for such provision the artificial selection of breeding males, as is done with animals under the control of man. 47. In 1870 the Pribylotf Islands were leased by the United States to the Alaska Commercial Company, and the number of seals to be killed for skins was fixed empirically at 100,000 annually. This number v^as admitted at the time by the best authorities to be experimental (§§ 810, 815), and it was provided by Congress that the Secretary of the Treasury might reduce the number allowed for killing if found necessary, for the sake of preserving the seals and with proportionate reduction of rent. Practically, however, and on grounds not publicly explained, it remained unaltered, and became a fixed limit. 48. As early as 1875 and 1870 the number thus established was officially reported as being too great, but it was not reduced or changed during the entire twenty years' term of the lease, except by an alteration made in the relative proportions to be killed on St. Paul and St. George Islands in 1874, when also the time during which the killing for skins might progress was extended. 49. The limit thus fixed did not include seals killed for food at seasons or of ages at which the skins were not merchantable ; and, as a result, the total recorded take of seals on the islands in each full year of the lease but three, actually exceeded 100,000. Of these three exceptional years, one falls below 100,000 by a very small amount only, while two are considerably below it. Thus, excluding the first year, the number known to have been killed in each of the nineteen succeeding years of the lease averages 103,147. The official figures for the entire twenty years of the lease further show that, during this term, 129,530 seals, including about 93,000 unweaned young, or "pups," were killed for food or otherwise, of which the skins were not marketable ; this waste alone being more than 7 per cent, of the whole number killed. 50. These totals, however, do not include seals lost destroyed in various ways incidental to the modes practised in driving and killing (§ 704 et aeq.), nor those taken or killed in raids (§ 727 et seq.), or other illegal ways consequent on the imperfect prote .tion of the islands. These together would raise the figures representing the annual killing by a very material though unknown amount. Lieutenant Maynard, in his report written in 1874, estimates the total number of seals killed each year about that date at 112,000. According to Bryant (" Monograph of North American Pinnepeds," p. 410), the total number of seals actually killed upon the islands during the first six years of the United States' control amounted to 110,000 annually. 51. The killing since 1807 of so large a number of seals on the Pribyloff Islands thus constituted a draft on their seal life of a character never before attempted, and more than twice as great as any similar demand of which comparable records have been pre- served ; the annual average, as above stated, for the previous eighty years, having been about 34,000. 52. The various reports on the condition ot the seals resorting to the Pribyloff Islands in different years, and other published information bearing on the same subject, are often contradictory, and sometimes so manifestly inaccurate, particularly in respect to the crucial point of the number of seuls, that it is difficult from these alone to form any satisfactory or coherent idea of the actual state of seal life dnring much of this period. These discrepancies in part arise from the frequent changes which occurred in the personnel of the Government Agents and Company's officers, in consequence of which no single method of ascertaining the condition of the " rookeries," or of estimating the number of seals frequenting the islands, was lonfr maintained ; in part from the appearance in 3cveral cases of the same individual, now in tlie capacity of an employ^ of the Company, Cliangpi lirodiirrii liy ditturbancc. Ki'linu fixril at '.W.'Xti. Iteporird ton high. Aetiitl killing exceedc.l 100,000. Reports afford untatiarac- tory data. w ''•'^mmmmmifmmiimmHmmm Bviilrnre of other kiixlt. I'roportiniif of nialr< to t'rmalu. Furilier soiirre« of iiifar.DRtinii. Inilicjic conliiiiuMi ili'crcasp. Niimbrr fixeii tor killing too liigii. Not adaptable. 10 and nKftin ah a NtipcrviHint; officer uf the OovernDicnt. There Hro alao, nnfortnnatelj, certain croiipH of ^ctitu during which no aeriouH attempt appears to hare been made to record the tt'iio condition of the breeding inlandg. Thi» is particularly the cane in yearn between 1880 and 1889. 03. The iiilling on the islands .vaR, however, by law confined to male neals, and it in, rather from the collateral evidence afl'ordcd by allusions to the proportion of virile males to fenmlcH, together with other incidental references, the meaning of which becomes clear when coupled with local knowledge, than from many of the direct statements published, that a true idea of the actual condition of seal life on the iblands during thcKC years can be formed. 54. The proper proportion in iinmber of virile males to adult females is a matter of importance, and in cstimaten, made while the rookeries of the PribylofF Inlands were still in excellent condition, there is a satisfactory mcosure of agreement on this point. Bryant placed this proportion nt one male to nine to twelve females, while Elliott states the mean number of females in a hiirem in 1872-74 nt from five to twenty (" Monograph of North American Pinnepeds,'' p. WO; United States' tJensus Report, p. ?i\). M. Orebnitzky, Superintendent of the C'onimnndor Islands, and a naturalist of pre-eminent experience in the facts of seal life, infornied us that when tlio proportion of femftles exceeded ten to each mature male, he considered that too many males were being killed, and that each harem should in no case contain more than twenty females. AV hen, therefore, wc find the harems in the Priliylotf Islands growing yearly larger, till nt the present limo they surpn.ss the proportiims above mentioned from four lo eight times, it is reasonable to conclude th'', in this change the cfToct of nn excessive slaughter of young males is Tendered nppai cnt. i>5. Our own and all other local observations on the rookeries during the last few years j)rove that it is no uncommon event to find a single male seal with n harem numbering from forty to fifty, and even as many ns sixty to eighty, females. 60. Furtlu'r cviilencc with the snme meaning is afTordcd by the increasing number . of barren fciDales ; by the distuibnncc and chnnge in the habits of the seals ; by the actual dearth of " killnblc " seals in the vicinity of the nearer rookeries, and the extension of driving (ns early as 187!) or 1880) to places which had previously been held in reserve and which had seldom or never been drawn upon in earlier years ; by the driving of " killables " from the very margins of the breeding rookeries, which should have remained undisturbed; by the longer time during which the killing required to ho continued in later years in order to enable the full quota to be obtained, and by the larger number of undersized and otherwise ineligible animals, including females, ruthlessly driven up in recent years and turned nway from the killing grounds in nn exhausted and bewildered if not actually injured state. The proportion thus turned away, according to the report of llie Special Treasury Agent in 1 890, nctunlly rose to 90 per cent, of tlie whole number driven. 67- A critical investigation of the published matter, together with the evidence per.sonally obtained from many sources nnd an examination of the local details of the rookeries and hauling grounds on the PribylofF Islands, lemis us to believe that there has been a nearly contiimoiis deterioration in the condition of the rookeries nnd decrensc in the number of seals frequenting the islands from the time nt which ihese passed under the control of the United Statc.«, nnd that although this decrease may possibly have been interrui)ted, or even reversed, in some specially favourable yenrs, it was nevertheless real, and in the main persistent. 68. There can be no doubt that the number fixed by law and maintained for commercial killing on the breeding islands has been much too great, nnd that the resulting slaughter of more than 103,000 male seals in each year has been more than the total volume of seal life could fairly stand. The sparing of females in a degree prevented, for the time being, the actual depletion of seals on the inlands, and this, with the fnct thnt the killing of inimnture males does not immediately produce its effect on the " rookeries," caused the apparent decrensc to be at first gradual. As, however, this effect was of n cumulative chniiictcr, it could not very long escape observation, and it was observed by the natives, as wo personally ascertained from them, to be distinct and serious at least ns early ns 1881} or ]88:», wliile ('oIoul-I .Murray, the Government Agent, nnd Mr. Elliott, the !^pecinl Treasury Agent, in their several reports to the Treasury, trace the beginning of the notable diminution back as far as 1879 or 1880. Other evidence of a cireumstautinl rather than a direct character, elsewhere detailed, enables the earlier effects of tl^e general decrease to be followed still finther back (§ 07-1 et "eq.). 5!'. it is partic'ulrirly necessary to n61e thnt the adoption of a high fixed number to be killed each yearj iii-a'cticnlly prevented feuch a system of adaptable control, bas^d on the I 11 obicrvod facU ot oftcii year, an would have enabled the best reHultx to have been obtained and duo proviHion to bavo been made in tiino to counteract the elTeets of uutHvourable Measona or of other uxtraneous conditions affectinft seal life. The Hjrntcm uilopte.! waw in fact purely artificial, and one not suited to the natural requireuiunts of the ease. fiiiilier dr*ri on n'a\ life. (C.)—aealiny at Sen. (10. From the circumstancea above noted, the maintenance of seal life in the North Pacific was threatened and reduced to a critical Htate in consequence of the methods adopted nn the brcc the breeding islands : .om the earliest years of the control of these islands oy the United States, 67. From four schooners in 1878 atid 1879 (about which time the new development of sealing first began to atti-&ct sor.^ attention), the sealiiig fleet owned in British Columbia gradtially incireaiied, till in 1889 tWe'nty-three, in 1890 twenty-nine, and in [305| i 1 -l««li!WW-fl!P5,PW n!^P"^PIiiiiPiiiPliiiPf First pelagic ratiliiigf in Kehring's Kea. 12 18!) 1 fifty vessels were employed in it. So far as known, the first of these vessels to enter Behring Sea for purposes of scaling was the "Mary Ellen," in 1884. In 1885 two of the British Golumbian vessels continued their voyage into Behring Sc i, ami in the following year the entire fleet, then numbering eighteen vessels (excepting two which were wrecked), did so. The fifty vessels employed in 1891 were provided with 870 boats and canoes, and were manned by 1 ,083 Whites and Indians. 68. The number of skins thus obtained grew in proportions corresponding to the growth of the fleet from 35,310 in 1889 to 43,.M.5 in 1890, and to 49,616 in 1891. Only a portion of these catches were, however, niiulc within Behring Sea, and of this portion an increasing percentage was obtained in the western region of that sea. 69. At least one vessel registered in the United States is known to have entered Behring Sea for legitimate pelagic sealing as early as 188 1, and, in this particular extension of the industry, the British Columbian sealers cannot therefore claim to be the pioneers. 70. The United States have for many years past strenuously endeavoured to build up native maritime industry. In this pelagic sealing they undoubtedly have on the Pacific coast a useful nursery for seamen. The industry of whaling has shown a serious falling-oif in recent years, but that of sealing has exhibited a marked and steady increase. In 1885 there were not ten vessels so employed. In 1891 the sealing fleet owned in the United States numbered more than forty vessels, and the value of the catch is reported to have exceeded 30,000/. DcRreise ubMrved on Pribyloff lalands. Measurei practiieH to obtain quota. Watte of leal life. (D.) — Additional points connected with Sealing at Sea or on Shore. 71. The decrease in the number of seals resorting to the Pribyloff Islands is reported to have been more rapid since 1 886 or 1 887, and this has been attributed to the growth of pelagic sealing. At the same time, the chief complaint has been that a great proportion of the seals taken at sea are females, whereas the most noticeable decrease observed on the islands u in males. While, therefore, it may be admitted that pelagic sealing must be held accountable fur its ^hare in the total effect, the above-mentioned incompatible complaints caunot be received without question. When a decrease became apparent on the islands, prudence should have dictated some curtailment of the annual slaughter there in corresi)ondence with the effect of the new factor tending towards diminution. 72. No such curtailment, however, occurred. The Company holding the lease of these islands on fixed terms were not interfered with, but continued to take their full legal quota of skins without regard to the risk to seal lite as a whole. Not only so, but instead of reducing the catch, the standard of weight of skins taken on the islands was steadily lowered so as to include a younger class of seals under the designation of " killables." Instead of skins weighing 7 or 8 lbs., those of 5 lbs. and (as we have ascertained on excellent authority) even of 4 lbs. and of 3^ lbs. have been taken and were accepted by the Company as early as 1 889. This is in marked contrast with the conduct of affairs on the Commander Islands, where no seals yielding skins below 7 lbs. in weight have been allowed to be killed for some years, and where in 1691, in order to afford a factor of safety, the limiting weight of skiub was raised to 8 lbs. 73. The Company holding the lease of the Pribyloff Islands had, of course, its own interests in view, and the period of its lease was drawing to a close; but it must be added that no explanation has been offered by the Government Agents in charge of the islands of the principles under which they were guided to allow this lowering of standards, with the concomitant encroachment on the limits of breeding rookeries, and the extension of the area of driving to places hitherto held in r»'serve. 74. Summarizing the causes of waste of seal life involved in the methods actually practised in killing seals on the Pribyloff Islands (§ 659 et seq), we find the following to be the most serious : — ^i.) The killing of unweaned "pups" and of "stagey" seals for "food," which together reached an avera7;e amount equalling 7 per cent, of the total annual catch. The skins of such seals are unmerchantable, and their slaughter is now admitted to be unnecessary, but it has been allowed to continue till the year 1891. (ii.) Accidental killing of seals, due to over-driving, and other violence inseparable from the mode of " driving " and clubbing the seals. These evils had been falfy dealt with by the United States' Special Agent in his report for 1890. 18 (iii.) " Stampedes " upon the breeding rookeries, caused by efforts to secure "drives" too close to their borders, or to carelessness of various kinds. These arc especially destructive to " pups," which are trnmpled to death by the older seals. (iv.) Sffeots of disturbance on the breeding rookeries, and of distress and friglit resulting from " driving," which, it is believed, causes many mothers with young, an well as other classes of seals, to leave the breeding islands prematurely. (v.) Surreptitious killing of seals by unauthorized persons on the islands. This may not have reached great dimensions, but is known to have occurred, and no statistics can be obtained respecting if. (vi.) Eaids upon the rookeries, rendered possible by the laxity of control and super- vision, which prove most destrucil ~e to all classes of seals engaged in breeding, and especially to nursing mothers and " pups." 7-3. The official statistics show, besides the seals killed of which the skins were accepted for shipment, only those killed for "food," and of which the skins were rejected. AW the incidental causes of loss above noted are unaccounted for, and the actual percentage of wastage in securing the annual quota of skins since the Alaska purchase thus remains indeterminate, but must have been great. It is believed to have exceeded 10 per cent., ond may well have reached 20 per cent, on the whole number of skins accepted. 70. It is thus clear that the slaughter of seals upon the breeding islands is in itself Difficulty of an essentially critical and dangerous method of killing, which, although established by '■^s"''".'"? long custom, can scarcely be otherwise justified. No regulations which have heretofore * °'* ' '"''^' been devised have even theoretically removed such dangers. Till quite recently, altogether insufficient care has been exercised in carrying out existing regulations ; and the facts above referred to show clearly in what way, notwithstanding stat>?d 'nles, and, in the absence of thoroughly independent and trained supervision, such rules may be so interpreted or strained as to permit the most serious damage to seal life as a whole. 77. Against the methods of pelagic seaHng two principal lines of criticism and of Allegation! attack have been developed, and both have been so persistently urged in various ways, "ga"'?' that they appear to have achieved a degree of recognition by the uninformed altogether [g,]^'" unwarranted by the facts, in so far as wc have been able to ascertain them, though in both there is an underlying measure of truth. It is stated (1) that almost the entire pelagic catch consists of females ; (2) that a very large proportion of the seals actually killed at sea arc lost. 78. It is undoubtedly true that a considerable proportion of the seals taken at sea Killing of are females, as all seals of suitable size are killed without discrimination of sex. This is, female?. in part, however, a direct corollary of the extent and methods of killing uijon the brpcdmg islands, where, practically, in late years, all males reaching ttir; shore have been legally killablc, anil where, as a matter of fact, nearly all the young males which land have been persistently killed for some years, with the necessary result of leaving fewer killabic males in proportion to females to be taken at sea. 70. The precise bearings on the industry as a whole of the character and composi- tion of the pelagic catch made along various parts of the coast and in Behring Sea are discussed at greater length elsewhere (§ 633 et seq.), but it may be here noted that the great surplus of females, resulting from the in-actice just alluded to, has certainly rendered the killing of cou'^iderable numbers ot these at sea less harmful in its effect than it might otherwise have been. fcO. To assume that the killing of animals of the female sex is in itself reprehensible or inhuman, is to make an assumption affecting all cases where animals are preserved or doniesticiited by man. Most civilized nations, in accordance with the dictates of humanity as well as those of self-interest, make legislative provision for the protection of wild animals during the necessary periods of bringing forth and of rearing their young; but the killing of females is universally recognized as permissible if only to preserve the normal proportion of the sexes. This is the case in all instances of game preservation and stock raising, and in the particular example of the fur-seal, it is numerically demon- strable that, in maintaining a constant total of seals, a certain proportion of females should be annually available for killing. The killing of gravid females must, however, be deprecated as specifically injurious, and in any measures proposed for the regulation of seal hunting should receive special attention. 81. Respecting the number of seals lost after being killed at sea, a large mass of Percentag, evidence has been accumulated, not alone directly from the pelagic sealers premier, but '•?•' »f »*»'» also from independent native huuters, both Indian and Aleut, and from other sources of a disinicreiited character. The result of this goes to show that the asserted wastefulness of thQ methoda employed is gravely exaggerated by common report, and that tliere has mmm mim h i 1 U kl beon marked improvement in tliis respect due to the increasing; experience of the hunters (§ 613 et seq.). 82. Against this expert testimony we find scarcely more than supposititious state- ments quoted and rcquoted, wiiich, wlicn traced back to their sources, are discovered to rest either on very limited experience or on very doubtful authority; in some of which the number of seals fired at is hopelessly confused with the number killed, while in others it is even assumed that the number of rounds of ammunition disposed of represents the number of seals killed. We have thought it well to follow up all the statements upon which these allegations &nA hypothetical calculations are based, and practically all of these are summarised elsewhere (§ 614), and call for no further comment here. It is certain that inexperienced hunters miss many seals, and lose a considerable proportion of those liit, but snch purely negative results cannot rightly be assumed to liave any bearing on the number lost by skilled hunters, such as constitute the crews of the successful sealers. MoiiaHiy of 83. More recently a further accusation bus been made against the practice of young seali. pelagic sealing, to the effect that large numbers of females, witii young upon the breeding islands, are killed at sea, and that in consequence many of the young die. The consideration of this point involves so many facts of seal life that it cannot be treated at length here ; but it may be mentioned that, when upon the Pribyloff Islands in 1891, we ourselves were the first to note and to draw attention to the occurrence of a considerable number of dead "pups" in certain parts of the rookery grounds. Various oxpLina- tions of this fact were offered by the residents of the islands, both Whites and Aleuts, but in no instance was the killing of the mothers at sea at first voluntarily advanced by them as a '^.incipal cai^sp. The actual circumstances, closely investigated by us, were, indeed, such as to call for sbm<» other explanation, as elsewhere detailed (§ 344 et iey.). It is, nevertheless, certain that mothers are sometimes killed at sea, especially ii proximity to the shore fronts, and it is chiefly upon this ground a radius of protection about the breeding islands, extending beyond the ordinary limit of territorial jurisdiction, is advocated as a measure o^ material benefit. ESeei 84. In addition to the circumstances obtaining on the breeding islands, and the of high inception and growth of pelagic scaling, the high prices ruling for skins during the past few priced. years have to a considerable extent stimulated the hunting of seals by natives all along the coast. They have also tended to ineite, on the part of the more lawless scalers, raids upon the shores of the breeding islands themselves, many of which have proved successful in consequence of the wholly inadecjuate protec'on which has heretofore been accorded to these shoret ; but, so far as we have been al e to ascertaii), no schooners sailing from British Columbia under the British flag have even been detected as participants in such raids on the Pribyloff Islands, Seals becoming nivre pelagic. More tlian evir found ■t* lea. {^.)~-Former and presetrt Condition of the Industry. 85. Perhaps the most notable result of the above-mentioned co-operating cau.-jcs, embracing the disturbance of conditions on the breeding islands consequent on cl()>e and persistent driving and great paucity of males, on raids made upon the shores of the islands, and on lianting at sea during t'ne northward migration of the seals, has been to render that animal even more than before strictly pelagic in habit. 86. Seals not actually engaged in breeding, including young seals of both sexes and barren or un impregnated, though matiu'c females, have either not landed upon the islands, or have remained there for but a short time ; and thus the aggregate number to be seen on shore at any one time has of late years become notably reduced. ^7- At the same time, the general coiuiensus of the statements obtained from persons occupied in pelagic sealing goes to show that there has been no similar decrease in the number of seals found nt sea, but rather a possible increase during the corre- sponding years. The evidence of a general kind to this effect does not stand alone, but is fully confirmed by an analysis of the annual catch of the British Columbian sealing fleet for the past few years, as exliihited in the subjoined table, in which the average number of skins obtained to each cauoe or boat, and to each man employed in tlic pelagic sealing industry is giveh :— ^ i!iii 16 Ycor. Number of Seals per Canoe or Bont. Number of Soals per Jfaii. 1887 .. 1888 .. 1889 .. 1S90 .. 1891 .. 164 143 l«6 m 56 S8 40 Wcatlier and other obvious circumstances, including tliose connected with the uncertain status of the setlors i|i respect to seizure, have of course affected the figures tor the various jcais to a considerable extent; but speaking generally, the results show a rcnutrkablo uniformity, and taking into consideration the measure? adopted in 1891 under tlie modus vinendi, the results of pelagic sealing in this year are particularly uoteworUiy and to the point, seeing th't of the fifty schooner;^ employed, nearly all were turned back before the expiry of the usual hunting season. SB. At sea, however, it is generally acknowledged that the seals are becoming from year to year more and inore difficult of approach and capture, facts specially noted by the native independent hunters, because specially atfecting their catch by rci^^on of the greater distance from shore to which it is now necessary to go in search of seals. 89. While, therefore, it is certain that, in recent years, the number of seals to be found upon the PribylofF Islands has very considerably decreased, It is uncertain to what extent this particular decrense has been compensated for, or is counterbalanced oy t)ie greater dispersion of seals at sea. Under all the circumstances, it must be considered as a remarkable evidence of the resistance of seal life to unfavourable treatment, that the apparent decrease upon the islands has not been even greater. 90. Respecting the actunl amount of this decrease upon the Pribyloff Islands, it is difficult to arrive at anything like precise conclusions, in consequence of the lack of trustworthy evidence of a comparable nature for the various years. A study of t]ie available published data, made m connection with a personal examinatioii of the various breeding grounds themselves, has convinced us, however, that some, if not all, the esli- rnates of the total number of seals made in the earlier years of the ^4rm of ihe Alaska Commercial Company have been greatly exaggerated, while reports made in 1890, however accurate in themselves, have, because compared with these overdrawn estimates, exaggerated the amount of the decrease. 91. The alarming forecasts as to the condition of the breeding islands ba^ed upon reports made in 1890, have, fortunately, not been verified by the facts in l691, as per- sonally observed by us. If, indeed, the correctness of some of these reports for 1890 be admitted, the rookeries must have materially improved in condition in 1891, while all the evidence collected indicates that they were, in 1891, in at least as good conditjpn as they were in the preceding year. 92. On the Commander Islands, where the breeding rookeries have undoubtedly been more carefully and systematically supervised, the number of seals seen has graduoUy increased for maiiy years, and has in late years apparently held its own up to tbe present year, in which a decrease has been noted. There is reason to believe, however, that tbe increase ceased in 1889 or 1890, and was replaced by a deficit in 1891 in consequence of the number of skins taken in the two foregoing years, which greatly exceeded the average, presumably because these years were the last of the Alaska CoMuiercial Company's lense of these islands. lieasouable proof is thus again afforded that the sum total of seal life on the breeding islands is offccled most direcny by excessive killing on shore. 93. In nearly all that has heretofore been written on the fur-seal of the North Pacific, attention has been too narrowly confined to such observations as could be made upon the breeding Islands, and the fact tdat the greater part of the life of the seals is spent, not upon these inlands, but at large on the ocean, has been to a great extent Jost sight of. This naturally happened from tbe circumstance that those in any way interested in the seals, till the beginning of pelagic pealing, remained upon the breeding islands, and knew merely what could be ascertained there. The data now obtained at sea, for the first time enabks the migration routes and the w'nter as well as the summer habitat of the fur-seal to be clearly understood, and it becomes evident that, in considering the condition of seal life as a whole, we must include, not only the obrervatious made on the islands, but also the complementary, and, in part, counter- vailing, facts noted at se^, More wary thin for- merly. Uiminution oil I'ribyloff Islands. Diminution on Comman- der Ulonda. Factii at ten and ailiorc complc- meiitair. in "«'!W!fSW~»-Tl"«- jjjpim-jupiiuni iwj'yu-^p'iiMwpifPP CSmenl ouiicluiiont. ronible ruiult. iaiwtr'iaX limiiMcra- tiont. Kegulaticni desirable. 94. A review in detail of all the available facts, most of which have been alluded to or outlined in the foregoing part of this summary, leads us to believe that there has been, in the main, a gradual reiluction in the total volume of seal life in the North Pacific, dating back to a period approximately coincident with the excessive and irregular killing on the Pribvloff Islands in 1867 to 1869, but tliat this reduction in total volume lins not in late years been nearly so rapid as the observed decrease in numbers upon the Pribyloff breeding islands in the corresponding years. Such a review suggests that if suitable and moderate regulations be now adopted and carried out, the decrease may be arrested, and no danger of the proximate depletion of the fur-seal or destruction of the fur-seal tishery need be anticipated 95. If, however, the inflexiblft and heavy draft on seal life in the past should be maintained on the breeding islands, while pelagic sealing also continues to increase at the present ratio, it is practically certain that tlie whole number of seals must, in the course of a few years, become further reduced to such a degree as to cause the industries based upon their capture to lose all importance from a commercial point of view. The continued undue disturbance of the seals must likewise tend to cause them to abandon their present haunts. 96. Apart, therefore, from such merely ethical considerations as have from time to time been advanced in favour of the preservation of the fur-seal, but which appear to have no special bearing upon this more than on any other animal in a state ot nature, the intrinsic value of the fur of the seals together with the material interests involved in the taking and the dressing of the skins, seem to call for such regulations as may result in the maintenance of the fishery. 97. A point, however, of grave but unrecognized importance, is the direct influence on the sealing industry of the market for ssal-skins. It is necessary to remember that the requirements of this market may from time to time altogether alter the regulations necessary. In the Atlantic hair-seal fishery, for instance, the international regulations became subject to the new requirements of a process by which the hair of newly-born seals became commerciallv valuable. Again, the actual price of the skins at any particular period depends largely upon the unccrtaiit requirements of fashion ; and it is known that the Alaska Commercial Company, recognizing this fact when lessees of the Pribyloff Islands, by various more or less direct methodb, did much to popularize and increase the market value of the seal-skins, of which in the earlier years of their lease they held a practical monopoly. 98. To render this point perfectly clear, it is only necessary to quote the following expressions from the report of the Congressional Committee of 1876 on the Alaska Commercial Company : — " Every art and appliance and much money have been expended in the cultivation of a taste for seal-skin furs, which the Alaska Commercial Company had almost the exclusive control over By placing on sale a larger number of skins than was required the prices obtained would be lessened, and the popular estimate of this luxury depreciated, so that its present value would be endangered and a change of fashion probably effected, diverting it to some other fur, which might ruin the trade altogether." 99. The high price obtainable for the skins in recent years has, however, been in itself a principal cause of the increased activity in killing and hunting which now appears to threaten the industry. If, for any reason, the price of seal-skins should fall below, or even nearly to, the amount of the Government tax (10 dol. 25 c.) payable on skins under the new lease of the Pribyloff Islands, then, on the one hand, the lessees would no longer find it remunerative to continue taking seals on shore, and, on the other, the profits of sealing at sea would become so much reduced as to discourage further enterprise in this direction. 100. It would thus appear that, as matters stand, a most influential factor in respect to the fate of the fur-seal fishery is one altogether removed from natural facts of seal life, and that either the demand for seal-skins as a whole, or the special size or kind of skins called for by the market, may at any time be changed in such a manner as to introduce new determining factors in the industry. It is therefore evident that, in a matter of such considerable importance, some additional and possibly counteracting system of regidation of an intelligent kind is desirable ; that this should include a con- sideration of the industrial feature? of the case as well as of those relating to the fur-seal as an animal, and should be susceptible of constant adaptation to the changing require- ments of the problem. 17 II.— Considerations nEtATiNo to the Basis upon wiiicn Precautions mat be rEVISEU FOR THE PrESEKVATION OF THIS FUR-SEAL. 101. The case to be met in the North Pacific is outlined in the foregoing paragraphs, The mm to nnil is treated in greater detail in Part II of this Report. Broadly stated, it is that too be met. many seals arc or may be killed, tlint tiiere arc too few males on the breeding islands ; and that the seals, being so continually liarassed and disturbed, may take to other breeding and feeding ])lacos, or largely diminish in numbers, and in either case endanger and damage the existing scaling industries. (A.) — Interests involved, 102. In regard to interests, the sealing industry is naturally divided into what may, for the sake ot brevity, be termed the shore and ocean interests respectively. The rights in either case are indisputable, end the possessors of one class of these rights will not willingly allow them to be curtailed or done away with for the mere purpose of enhancing the value of the rights of their commercial rivals. Thus the only basis of settlement which is likely to be satisfactory and permanent is that of mutual concession, b^ means of reciprocal and equivalent curtailments of right, in so far as may be necessary for the preservation of the fur-seal. 103. It may be added, tliat the lino of division between the shore and ocean interests is not an international one, and that the question of compromise as between the two industries cannot, in conseciucnce, be regarded strictly from an international point c" view. If we may judge from the respective number of vessels employed, tiie interest of citizens of the United States in pelagic sealing is at the present time approaching to an equality with that of Canada ; while Germany and Japan have been or are represented in sealing at sea, and other flags may at any time appear. The shore rights, again, arc at present chiefly divided between the United States and Russia, although Japan owns some smaller resorts of the fur-seal. 104. Confining ourselves more strictly to the eastern part of the North Pacific, to wliich the present discussion directly relates, a comparison maybe instituted between the amount of capital employed in the prosecution of scaling un shore and at sea, and of the other interests involved. 105. At the present time the actual value of the buildings, plant, and equipment of the North American Commercial Company, on the Islands of St. Paul and St. George, is estimated not to exceed 130,000 dollars (20,000/.). Adding to this a further sum to cover other items of capital less directly connected with the islands themselves, the entire invested capital would probably be over-stated ut 200,000 dollars (40,000/.); and it is not to bo forgotten that the Companies leasing the seal islands habitually do a profitable retail trade in supplies, &c., with the natives and others in addition to acquiring the seal-skins. 106. The estimated aggregate value of the Britisli Columbian vessels employed in sealing, with their equipment, as they sailed in 1891, was 359,000 dollars (72,000/.). It has been asserted that only a portion of ibis total, corresponding with the length of the ])criod in ca''') year in which these vessels are actually engaged in scaling, should be taken as the capital invested. This statement is, however, as a matter of fact, incorrect. The scaling vessels are seldom used in or fitted for other employment, and nearly all of them remain laid up in harbour between tiic dates of the closing and opening of the sealing season — that is, between October and January, or February. 107. Adding to the above amount an estimate of the value of the United States' pealing fleet in the same year, which, it has been ascertained, exceeds l'50,000 dollars (oO.OOlJ/.), and may probably amount to 300,000, dollars (60,000/.), an aggregate amount of capital of about 050,000 dollars (130,000/.) is represented by tlie combined fleets. In the foregoing estimates, no mention is made of the revenue accruing to tho Governnu-nt of the United States from the lease of the Pribyloff Islands to the sealing Company. 108. It is difficult to present a numerically accurate statement showing the magnitude of the several interests as leprosented by the number of skins taken on the Intereili at aea and ashorp. Capita) employedt Un tlie Pribyloff Islands. In the Canadian vessels. Total. ConipariitiT* number of Piibyloif I>lands and at sea respectively. During the past few years, the statistics of skin* taken, the Canadian pelagic catch have been fid iy and carefully recorded; but of the catches made by the numerous vessels .sailing from ports in the United States, no trustworthy or complete official or trade statistics oppear to exist. Certain approximate figures for the total pelagic catch have, however, been obtained, the difference between which and those [805J P 1~ r<; ' ^ M Viiniber of men ciii- plovcd. Native 1 tcn's:s. Xalivo in !e- jieiiclcut BlolillL'-, 18 representing the Cannilinn pelanic catch, compared with other incomplete statistics, may be roughly assuniod as sho»iiii>- the catch by IJniled States' vessels. These totals include, l)()\vever, in some cases, skins taken on seizure from both Canadian and United Slates' vessels, 'i ho statement thus presented may be considered as at least sutiiciently accurate to indicate the relative importance and growtii of the shore and sea industries resj)eclively. The catches made by United States' vessels arc comparatively small in proportion to the number ot vessels employed, chic!ly because of the lack of skilled hunters. 109. These statistics may be tabulated as follows : — Year. I Approximiiti' totals Skins taken i Skins taken nt sea 'of Skins taken at sea on tlie : by 1 ^lTc(l]lls of e;\tcli by I'libyloff Islands. I Canadian Vessels, j United States' visseli I j being t'riij;nientiiry). Ucniaiks 1880 8r>,4ij 21,341 se.ooo Virst seiznres by United States' Go- vernment. % Tliree Camidiau and nni' United Slates' \es*el seized. 1887 90,770 ao.'.'c.o u7,oOO Si.\ Canadian and ten United States' ve>sels Hci/.od. 1S88 Hi>,m:, 2i,;iL'9 1?) \o seizures made. 188'J 7«,i>-'3 27,808 42,870 l''our Oinadian and two United StMtes' ve.siels seized. 1890 •JO,!)l,j 39,517 61,JIU) No seizures made. Killing stopped on I'vibyleir Islands, at figures stilted, by United States'. Go- vernment A'.'Ciit. 1891 li,070 '19.615 fS,()00 Vessels turned back from Uehring Sea before eoinpletion of voyages. Killing on Pribyloff Islands, limited to 7,500 under moilni virauli, aetually reached 12,071. 110. In explanation of the above table, it may be added: (1) That the fignires given for the Pribylolf Islands are those of the skins actually accepted for shipment in each year by the lessees, and are therefore neither identical with tliose re[)resenting tlie shipments made yearly, nor with tiiose elsewhere given for the whole number of seals killed in each year ; {'£) that the relatively small coast catch made by the Indians in their own canoes and \\ithout tiie aid of sealing-vessels is not included in the pelagic catch ; (;j) lliat the pelagic catch as given includes skins taken both outside and within Behring Sea, and both in the eastern and we-;tern parts of that sea, as well as such skins as were obtained by raids made on snore on tiie breeding islands. 111. The number of men employed in the Ihiti^h Cohiinliian sealing tlect alone, in tliis year (1891), was 1,08-3, in the United States' fleet ab'.mt 750, making a total of about l,!?;^ii persons earning their livelihood by ibis mcfuis, of wiiom about 1,430 are "White and 400 Indians. In the sliore sealing upon tlic Iribylolf li^lands the number of men employed is about iO Whites and 80 " natives." 112. Upon the I'libyloff Islands the whole "native" pojiulation deriving its support from the industry of killing the fur-seal niruhers tmdcr 30!J. Much has been .said as to the necessity ot providing for the supixirt ot these particular "n.itives." It is not so generally recognized, however, that in liritisli Columbia probably ],"'(lO or i'.OOO natives depend upon the earnings of al)out 370 Indian hunters employed in tl.e sealing tieet. The earnings of these hunters thus represent much of the support of a considerable part of the entire native population of tlie west coast of A'ancouvcr Island. llo. The direct interest in sealing of the Indian tribes of British Columbia, parts of Alaska, and the State of Washington is, moreover, \,oi confined to their share in pelagic sealing proper. The lesults ot independent hunting, carried on for the most part in canoes from the sliore by men win do unt ship in sealing-vessels, is, from the point of view of the Indians them.selves, not inconsidcrahle. It amountsfor the British Columbian coast alone (§ .500) to an annual money value of about J^O.OOO dollars (0,000/.), besides a con.sideruble food value rejiresented by the seal flesh and fat. This independent native hunting is undoubtedly a primitive vested interest of the C( ast tribes, and its character in tliis respect is strengthened by the fact, now made clear, ihnt the winter home of the fur-seal lies along, and is adjacent to, the part of the coast which these seal-hunting tribes inhabit. i Bfl 19 114. In regard, then, ^o the iiitcrcMts liivcly to l)e art'ectcd by any njensuros of pie- i^Hmmary. scrvation, it is evident that much the largest amount oF invested capital is that eiif^aj^ed in peliigic sealing, while the most important native interest i..volved is tliat ot'tlie Iiuliims ulio take seals eitiier along the coast or as engn^oil liunters in tlie .sciiooners. On the islands there is far less capital employed, and the number of natives earning n livelihood is relntively small. (B.) — Principlcf Involved. 1 15. Passing from the interests to a more special consideration of the princii)lis involved in the protection of the fur-seal, it is in tiie (n-st place clear, in view of the lial)its and range of migration of tiiis animal, tliat unlimited killing, whether practised on shore or at soa, must ultimately result in destroying the prosperity of the sealing industry as a whole, and, therefore, tliat any mciisure of protection, to be edective, must include both areas. 110. It is, moreover, eciuiilly clear, from the known facts, that efficient protection is much more easily affbrc'od on the bieoding islands than at sea. The control of the numljcr of senls killed on shore might easily be made absolute, and, as the area of the breeding islaiuls is small, it should not be diflieuli to completely safeguard these from raiding l)y outsiders and fioni other illegal acts. 117. The dnnger to seal life on the bi?ciling islands is, on the other hand, and for reasons of a similar kind, particularly great. It is chieHy by the persistent killing of n'l males between certain ages upon tlie Pribyloff Islands that the sealing industry is inimedialely tliicatenrd. To killing carried out on shore at the breeding season the deiiletion of the fur-seals of the SiJuthern lleniispl.ere is entirely due, and, as we have seen, as ;ui eti'ect of such killing, long ln'fore the ince[)ti(in of pelagic sealing, the rookeries of ihe Pribylo:! Islands were more than once brought to the verge of depletion. It i.-, certain that l)y excessive killing on the lireediiig islands, to whatever class of seals directed, the sealing industry as a whole might wilhont ditlicultv be ruined. 1 1 8. In sealing at sea the conditions are categorically different, for it is evident that by reason of the very method of hunting the profits must decrease, other things being ecjua], in a ratio much greater than that of any decrease in the number of seals, and that tlicre is therefore inherent an antonnitic principle of regulation sutfieientlo prevent the possible destrnclion of the industry if practised only at sea. The growth of pelagic sealing projjcr, ever though so recent in its origin, already begins to contribute experience iu support of this view. The seals when at sea occupy a given area of surface, and there is thus a natural limit to tlie number of boats or canoes wliicli can work that area witliout inter- fering to a certain extent with each other's success. The increasing wariness of the seal has already bcm alluded to, and it is also to be borne in mind that sealing at soa can only be carried on in cnlm weather, seals obtaining absolute " rest " while .stormy weather prevails. 11!). It is, therefore, abundantly evident, if we judge by actual experience, that a control of .seal life beginning and ending with protection at sea, either partial or absolute, can do no nujre than palliate, and certainly cannot materially lessen, the danger to seal life as a wiio'.e, unless such control be devised and adopted in close co-operation with agreed-upon equivalent measures on the breeding islands. iL'O. Whether from the point of view of expediency or from that of justice, this must be the dominant principle of any regulation, and while it is improbable that any scheme of measures would be seriously proposed which neglects this principle, it cannot he too plainly stated tlutl if the attempt is made to regulate the killing of seals on shore or at sea without the provision of concurrent restrictions upon the other method, the result at best would bo a curtailment of slaughter in one direction, the door boing left open to a more than equivalent slaughter in the other, and no security being obtained. It therefore follows that, as one class of restrictions must be applied within jurisdictional limits, and the other requires regulations appliialjlc to all comers upon the high seas, the subject of measures must be considered as one of conventional agreeuicnt, conces- sion, or bargain as between the Po>vcrs interested. It will also be remembered, that the primary plea for such an arrangement has been that advanced in their own interest by the possessors of the breeding islands; but it is believed, on the ether hand, that had no such plea been made, the interests of the pelagic sealers would, iu the natural course of events, have hid them to press for a better protcctio.i of the breeding places of the seals ashore, in the interests of their own branch of the industry. [306) Da PlOtl'Ct-.CIl bolli mi MJioii' and Kasicr on shore. (Jreiter (1 iiijjer of (!p|.tftion on sliorc. Less danf;cr at s-.a. Protectinii si'a alom- quite in- aileqiiato. so B i I' |iruliililtiy nstriclin;; tlie oatob on the breeding islands, and the «dd methods of ulilizing tlie seals on those islands, and of atlordinu; them a measure of proteetion there diiiini;' the season nt whieh llivy oomc to land for brecdin<; ))urposes, have beeome in tiieir nature ineHeetivo :uiil ii'iippropriatc, espeeially in view of tlio sea sealinjj, "hicli, at the time tluse metluMls "ere lulopfed, wns practically unkimwn. 'I'be added kn()\\led»o of the fur-se.il now gained renders it lurther necessary to recognize it as an essentially polaj>ic animal, which, at a certain 'o.ison of each year, resorts to the land. Thus, the older and cruder methods of renulalioii linvo become unsourd and in large measure useless, and the new conditions which have arisen re(piire to be faced, if it is desired to obviate all danger of commercial extorniiiiiitioii. 125. Besides Ihc general right of all to hunt aiul lake the fur-seal on the high sens, there are, however, some special interests in such hunting, of a prescriptive kind, arising from use and immemorial custom, such as tli>ise of the " natives " of the Pribylotf Islands, and of the inhabitants of the .Aleutian Islands, of South-eastern Alaska, of the coast of British Columbia, and of the State of Wiishington. There arc also rigiits depenilent on local position, such as those of the (lovornmonts possessing the breeding islands and those controlling the territorinl waters in or !i(ljacent to wliicli the seals spend the winter half of the year. Sue!) rights do not, however, depend on position only, but also on the fact that the seals necessurily derive their sustenance from the fish which frequent these waters, which, if not llms consumed by the seals, would be available for capture by the i)eople of the adjacent coasts. The rights of this kind which tlow from the possession of the breeding islands are well known and generally acknowledged, but those of a similar nature resulting from the siluati(m of the winter lu)me of tlie seal along the coast of British Columbia lia»e i;ol (ill lately been fully appreciated. 12t. Holerrinu more parliciiliiily to the Pribylotf Islands, it must perhaps bo assumed that no arrangement \\()uld be entertained which would throw the cost of the setting apart of these islands as breeding grounds on the United States' Government, together with that of the support of some 8(J0 natives. It may be noted, however, that some sucli iirrangomcnt would otfer perhajjs the best niid simplest solution of the present couHict of interests, for the citizens of the United States would still possess equal rights with all others to take seals at sea, and in consequence of the pro.ximity of their territory to the sealing grounds, they would probably become the principal beneficiaries. 125. Any such disinterested protection of breeding islands either by Russia or the intem.itional United States would possess the extreme simplicity of being entirely under the control of rcgii atioi s. ^ single Government, whereas in every other jirojoct it becomes necessary to face the far more difficult problem of international agreement to some code of regulations involving an accompanying curtailment of rights. In other words, any such arrangement must be viewed either as a concession of certain rights on the high seas, or a concession of pecidiar rights devolving from territorial possession of the breeding islands of the seal, made in each case for the purpose of inducing equivalent concessions on the other side in the common interest. Tlie rilling 126. For practical jiurposes, the main consideration is that any scheme of measures principle of of protection shall absolutely control, so far as may be necessary, any and every method protection. ^^ taking seals; and from industrial considerations, and in order projicrly to determine on reciprocal concessions, it is necessary to assume some ri.ding principle in accordance with which these shall he governed, and such may he found, in a rough wjiy, in postulating a parity of interests as between pelagic sealing and scaling on the brcetling islands. This would involve the idea that any regulation of the fishery, as a whole, shotdd be so framed as to afford as nearly as possible an equal shnre in benefit or proceeds to these two interests. 127. Inasmuch as the United States and Russia, with in a minor degree Hapan, alone have direct interests in the breeding islands, while all other nations share with them the undoubted right of sealing on the high seas, it may at first sight appear inequitable that any ba.sis of airangcment giving so large a share to the possessors of the breeding islands and involving so general a curtnilment of common rights should be contemplated. 128. The exceptionally favourable position which the United States and Russia would I'rohiljilii'ii on Priby. loffs. Needs Rights .It «ea nnd on breeding Islands comnareil. 81 liolil tindtr such a basis of nrrangcment is, however, to some extent justified by the fact, (but upon these GoveinmentH would devolve tiic expense and responsibility of efricicntly coiitiollins "'"' Kiiiii'diu};' tiie brcedinn' isliiiids of the seals It iniiy be noted thnt tho itrcsent time is one specially fitvourable to some sncii airanf;en\ent, because Great Britain and the United Stiites ulime possess crmsiderable scalinjj lieeis, nnd it is probal)lo that any ref?ulations agreed ujjon by these t.vo CJovernments (especially if also approved by Russia) \voul0. J be piincipal modes of protection of a practical character wbicli have been Principal Hii"-"ested for the North Pacific by various authorities may be classed under the ""'''^'* p*' tollowmg heads :— ingKcstcd. («,) Time. Limit in period of .sealing. (b.) Number. Limit in number of .seals taken. ((;.) Area. Limit in regions over which sealing may be carried on. {(I.) Methods. Improvement in methods of conducting sealing. 1^1. Limitations of time have been placed most prominently in the list of remedies; Timn iimiu : and, indeed, " close seasons " have been popularly regarded as the main if not the only ^ '"»" remedy of a general kind. It is clear, however, in the light of facts, that, for the '"""""• purpose ot limiting the total numbers taki n, u time limit is specially applicable only to the pelagic Indus', ry, in which the number of seals taken bears a direct ratio, other things being equal, to the length of the season of hunting, and wiiere the only way in which a reduced catch would not result from a shortened season would be by an increased number of vessels employed, which wouUl soon reach uiirennmerative limits. On the breeding islands, on the contrary, limiting the time of killing does not neces.sarily limit the numbers taken, and thr only elTeclive limit is one of number. This lias been fully acknowledged in the me.i.'-ureH adopted throughout with regard to the regulation of the catch on both the Pribylolf and Commander Islands, where it is obvious that if but one or two summer months m all were allowed for killing and no other restrictitms were applied, the mimbei of seals killed would become merely a question of the number of men employed, and need only be limited by the exh.iustion of animais to kill. l'6'J. With further reference to the eifect of proposed time limits or clo.sc seasons on Eificiit iliiltr the shore- and sea-sealiug res|)eelively, and in order '.o prove that such an apparently m scaa-.il db .simple method of regulation is not equady applicable to both industries, it may be *'""'*• shown that generally this effect would be not only ineeiuitable, but often diametrically opposite in the two cases. In pelagic scaling, the weather is usually such as to induce a few vissels to go out in January, but the catches made in this month are as a rule small. In February, .March, and April tJie conditions aie usually better, and larger catches are made. In May and June the seals are found further to the north, and these are good sealing months; while in July, .Vugust, and part of iieptember sealing is conducted in Hcbring Sea, and good calelies are oiten made till such time as the weather becomes so uneertaiiv and rough as to praclically close the season. 13-3. Upon the Pribylolf Islands, though it has been the custom to kill a certain On the number of seals for food at all times during the period of five or five nnd a-half months IVilivloiT iu wliicli any seals arc found on shore, the young males or "bachelors" (which, '"''""''• together with virgin females, are practically the only class which can be taken ashore in large numbers without actually breaking up and destroying the breeding rookeries) do not arrive in notable proportions till June, and, in common with other seals upon the islands, become "stagey," and incapable of yielding good .skins about the middle of August. The profitable killing on thj I'ribyloff Islands is thus naturally limited, as a maximum, to a period of about two months, and as a rule and under normal circuni- stances, the annual quota has been completed within thirty to fifty working days, during ii CInio llMIUIIS I him not oqiiiilly np|iliculilc Otiifr >ii(*,tns of iiVu'atiuTi. t,'oniliinc(l llniitiitioii uf time nnd iiiiiiibor. Time limits Limits ot area on fliuie. Expense of (ontrol (It wliifli tlio hlaii-ilitcr ia n\riieil on n( a nmncriciil rntio n.nnv times sicati-r tlmn tlint nttuinn!)li' (liiriiii,^ any poriotl of the lu'lajiic killin];;-. l:U. Witli stain killed a I siii, tliCHkinsaio nuver Coiind to hu in a "htasc^" condition , as lias ln'on ascortaiiuMl h\ intiiiirio- specially made on this point, and tlierc is, tliorc- t'orc, no naturally di'liiiite I'losc to tin." tiino of jnotitaiilc killin;^', such as oociirs on the islands. The niaikodly '•stnK''.v" eliaractcr of the skins at u partienlar siuson appears to 1)0 contined to those seals which linve remained tor a cousidenihle time on the land. 135. Without, thcicfbrc, cnterin<;- iit length into n comparison of the respective olfects of close seasons at sea or on shore, it may he stated that, with the e.xception of the mmitlis of July and .\uij;ust, any close lime whatever woidd have practically no ellcL't on the kiliinu; on the islands, while several of the months whicli mi;j;ht he chosen would seriously iillect sealing- at sea. If. ;iuain, .hine or -luly slioiihl he diosen as a close month, it wonld shorten llir tinuM)f killin;;' np m the isla-uls, hut without necessarily reducinji; the nniiiher killed; wlnlc an endeavour to insert such a month of inaction, in the middle of tiie season of pelagic sjalinu', would not only he very diilicult in proper enforcement, hut, if enforced, would praclic:illy hreak up the sealing voyages, as the vessels engaged are then far from their home jiorts. l:'i(l. liimitalions of numher of other kinds have, however, heen proposed as applii-ahle to the regulatimi of pelagic sealing. 'Pinis, it has heen suguested that the niMuher of seals to he laken hy each vessel should he limited according t.i tonnage; that the \ihole numher of vessels employed shoulil he limited; tint those engaged in sealing he required to obtain a licence; anil that a limited numher of personal licences should be su])plied to individual hunters. Some such provisions might be found to jxissess a i)artial applicability, hut while they might he useful portions of a great jr whole, they coidd not hy tiiemselvcs become cliicieiit systems of control. Ij7. An e(|iiitahle basis of protection is therefore not to ho found in the adoption of any simple and corresponding close season, including a part of each year applicable to both shore and sea alike; hut as pelagic sealing migiit easily bo regulated i)y the adoption of it eloisc season, while shore s.\tling might with equal facility be governed by a limit of number, it seems probable that some compromise of interest nuiy he arrived at by a combination of these methods. I'dS If certain nn)Mllis shoidd be discussed as ii close time for sealing at sea, it becomes iujportant to inquire which i)art of the season is most injurious to seal life in projjortion to the number of skins secured, and to this iiuiuiry there can be hut the (me reply, that the mo-t destructive part of the pelagic catch is that of the spring, during which time it includes a considerable propm-tion of gravid females, then com- mencing to travel on their way north to bring forth their young. It is on similar groiinils and at c )rresponding seasons that i)rotection is usually accorded to animals of any kind, and, apart from the fact, tluit these seals are killed upon the high seas, the .same arguments apply to this as to other ca.ses. l.'^n. This portion of the pelagic sealing is wholly carried on in that part of tho North Pacitic which lies to the south of the Aleutian Islands, and here also, as has already heen pointed out, a certain number of seals are killed at the same season l)y the independent sealing of natives resident along the coast of British Oolnnibia and South-eastern Alaska. The aggregate nin)iber of seals killed in this particular way is, ho\vever, relatively so small that it may be practically ignored in any general proposals looking to protection. It is .scarcely possible, under jjresent circumstances, to interfere with the independent native sealing, even if it should be considered just to attempt to do so. This species of lumting is decreasing rather than increasing in amount as other industries grow up, and it may he further indirectly discouraged without great diflicidty. 140. It nuiy be remembered that, to a gro t degree, anyjrestrictions^of time applied to sealing at sea are also restrictions of area, for at different seasons the sealing is necessarily carried on in difl'erent parts of the ocean. 14 1. J^espeeting protection by means of limiting the area of .sealing operations, it may be pointed out that the circumstances! are such as to enable this to be c'oiic upon the breeding islands wiliiout ditlicully, for; both in the case of the United Slates and Enssia, two separate islaiuls are resort cil to ! y the fur-seals, and one or other of these islands in each case might le strictly set apart and maintained as a reserve of seal life. Or, again, certain portions of the several islands might without difficulty be permanently exempted from driving or disturbance by tho sealers. H'i. Limitations affecting sealing operations on the high sca.s, by international assent, might equally be established and maintained with the aid of a sufficient patrol of cruizcrs, though such police regulations would be attended with considerable expense. Tofof^ papf a. Jan . Feb. Mar. AprU May j Jiuxe. r--^^ Julu ^-^^ A up. Sept. ' Ocl. Nov. 1 Dec. Pelaqix:: SeaHn^jf. KilUn^f on- Prihyloff Ids. DIAGRAM SHOWING THE SEVERAL MONTHS IN WHICH SEALS ARE KILLED AT SEA AND ON THE PRIBYLOFF ISLANDS, WITH THE RELATIVE IMPORTANCE OF THE CATCH AT DIFFERENT SEASONS. TO ILLUSTRATE THE EFFECT OF CLOSE SEASONS ON THE RESPECTIVE INDUSTRIES. NOTE. TH£ AREA OF EACH OIAQRAM, BETWEEN ADJACENT LINES. APfROXIMATELV REPRESENTS THE NUMBER OF SEALS KILLED DURING THE MONTH. THE DIAGRAMS ARE NOT BASED ON THE EXACT FIGURES OF ANY SINGLE YEAR, BUT REPRESENT THE NORMAL CONDITIONS. (tOOO 3/93. 1191) ro 303. Banuoa .V SoM.Litli, r.' KkHuu luu.V.C i ll:o 23 Some cxiH'iulituro i-, Ik.wovit, invnlvod uikUm- nny syslcin (if cdntiol of Honling nt sen wliotlior ildiiifil Uy aii'ii or l>.v tiiiK,' limits. ll-'l. in imv rnso. ^ynxt <^inH\ would lu- doiiu liv I'xtcMidintf nrDUiul flic breeding isIandH, Prnircud 1(1 Ik dislniicc 1(1 lie nyic'od iijioii in conloiiiiily «itii tlio ciicuinslMnci's, a /oiio of protocted " I'f » r""'"! wMtois. Siicli (III iirca of protrcli,)!!, if only ol' inodi'intc »idlli, would not alone prevent llu di^liiiliaiiee or sliuiL(liti'r of priclically all seals nt tlie lime aetiially resoitiii}^ to the Ineeiiing looixcries, liut would posse-ss llie j;reat additional udvantiif;c of rendering it [KisHibie to put do«n the very de.stiiietivc raids upon the rookericH, wliieh have, almoHt liom the time of the Alaska purchase, been practised with comparative impunity by certain niiserupuloiw sealers (§ 7-7 fl Nf/.)- '^ '"^^ rdways lieen easy, under cover of darkness or fo,:;, to slip in under the land across nii imaginary line drawn at only three miles troni the shore ; hut by extending such a liniit to ten or twenty miles, it can be made an elTective safeguard, so long as any cruizer is retained about the islainls on police duty. Tlie ailvantages of such a widened zone of jirotection will be quite obvious to any sailor, and its practical effect would be to keep the scalers, from ordinary ])ru>lenlial motives, very far tiom the shores of the breeding islands. A OU-milc zone was rep.utod hy Mr. Blaine (in Deceniher 1P!)0) to he, in the opinion of the President, a 1 '•eliective mode of preserving the seal lisheries for the use of the civilized world." lii. '!"') render such rcscived area an eflicient protection, however, it would be iicces.snry to provide tiiat between certain dates no vessels, whether under pretext of winding or li-bing ol' any kind, should euttr tlie protected area except in makinu a passage, and that any ve.s.sel lowering bonis, or hovering within tliis area, would be subject to penalties. It is already known that vessels ostensibly engaged in whaling and other pursuits in Ikdiriiig Sea, have really occupied themselves or aided in scaling or raiding, and any less '■'•ict measures of preservation could only result in increasing this evil. (C.) — Summary of General Conditions bearinrj upon Regulation. 145. From the foregoing review of the various facts and circumstances of seal life in the North I'ncitic, the following may be stated to be the governing conditions of proper protection and preservation : — {a.) 'i'lie facts show that some such protection is eminently desirable, especially in view of further expansions of the sealing industry. (/).) The domestic protection heretofore given to the fur-senl on the breeding islaiuls has nt n > time been wholly satisfactory, cither in conception or in execution, and many of its methods have now become obsolete. (c.) Measures of protection to be etfeclive must include both the summer and winter homes, ai.d the whole migrMlion-rnngcs of the tur-se;il, and control every place anil all iiu'thods where or hy wjijeb seals are taken or destroyed. {(I.) Although pviiiiarily devised tor tiie prelection and perpetuation of the fur-.seal it.self and of the scaling industry as a whole, any measures must be such as to interfere as little as possible with established im'ustries, and such as can he instituted under existing cirsumstances. (r.) Kquitablc consideration must therefore be given to the several industries based upon the taking of seiils, and especially to the number of per.s(nis dependent on llieso lor a livelibnoil and to the amount of capital invested, so that the mea-ures adopted may be sucli ns to recommend themselves on liie ground of common intercFt. (/.) The controlling Kegulntions slionld be so fuiii,cJ ns to admit of varying degrees o; stringency in accordance with the changing exigencies of the case. III. — MEASt'RES FOR THE PilOTKCUON AND PrKSEHVATION OF THE FUII-SEAL OF THE North Pacific. (A.) — General Nature of Measures required, 14G. The actual measures necessary for the proper protection and preservation ol the fur-seal fall under two heads, namely : — (i.) Improvements in the methods of taking seals ; (|i.) Restriction in the ntinibcr of seals tftkci). 94 Tlioso of tho Iiitfor clnss nro Oio more important, hut as tho " improvom. ii« in nu'tliods " aio more oasilv dealt witli, ami nro soarooly opL'u to (luesiion, these lU'iy Itc lirst outlined. (].)— Iii'itrort'iiicnls in t'lr Mvlhods of tnklnij Seals. 1-47. 0/1 //if /?r(r(///(-uiile as a ninxiniuin. Tliey slioidil l>o earriod out willi due deliI>er;)tion, avoidinj;' e\eosslve hurry, and muler the jtersonal supervision of a respon- sible ollioer, and all seals not intended to he Uiiled should, as tar as pitssihle, lie " cut out " at an early sta^e in eaeh "drive." The lU'lnal eluhhini*- of tiie seals .sliould he performed with <>reater eaie, avoidiuj; injury or death to seals not iutemled to he taiu n. Ml*. Care should he exereised to avoid dislurhini;- the aetual hrtedin<<- rookeries in niiy way, and no seals not eapuhle of yieldin:;' mi>rehaiil:»hle skins should ever l»e killed. The hreediui-' islaiuls -liould he fully seeured aji'aiiist " raids." a eompeleut j;!!;^!!, with auihority to repid any attempts al laiidiMn', hein.u' provided ; while some armed \essel should remain about tlie !>esied, neeessarily partake of (he eliaraeler oi' iestrieiions whieli may tend direelly to reduec the ninnoer ol' seals taken. Sueh improve. uei\t< therefore reipiire to he eonsideri-d in their eonneetiou wiili the {general rej-ulations proposed fi>r the restrietion in nnmher of seals killed. I'lO. The n\osl imporlani improvements or restrietions whieh may he treated lVon\ the side of " methods " are ns follows : — Prohibition of the use of rilles in shooting seals at sea, and of ihe employment of nets as a means of eapture. The adoption of a system of personal lieenees tor Wiute hunters, sueh lieenees to he renewable nnmuilly, and revokable for proved breaeh of any of the res^ulations provided. Vessels propelled by nmchiuery to pay an increased licence fee, or to be wholly excluded from senlinjj. (ii.) — lifstrictlon In the Xiimhrr of Soils taken. li"il. We are of opinion that to be eU'eetive and suited to the exislinja^conilit ions and io till' interests at present involveiK a\iy .system o\' measures for reuulatinj;' the nnmher and kiiul of seals tnkiMi shouhl inelude jtrovisions ol' the follow inj;' kinds :- - [n.) Tiu» siriel limitation of the nnmher of seals killed on the breeding- islands to a safe maxinunn, the tinnduM- and kind of seiils to he adjusted within the limit of this nniximum, from year to year if foinid neeessary, in aeectrdauee with the actually observe^l state of the hr«'edinn' riuikeries in eaeh year. (/).) The institution of a zone of protected waters surroundinj;; the hieedin'>- islamls. (c.) The establishment i-f a close tinu', sueh as |.> hmit the period of huntin»- at S(>!i, and so devised as in particular to safe;;iiard the seals dininu; that portion ol the sprim;' (eoverinjj the earlier part of the sealim;' voyiiijes as now 'nade) in which a certain proiiortion of giavid fenmles is taken. 1,')-. One or other ol' these provisions for the lnnitatioi» of sea sealin;;' should he sidijeet to moditieation in area or time respeetivily, in such uiann.'r as to cheek any temleney to excessive killin-;' at sea, to allow for exeeiilionally unfavourable breediu:' srasiMis, and. in jj,eneral, to correspond with any nnirked iiu'rease or decrease found to occur ii\ the number of seals, \'>'-y It is sujitjested tintt sueh compensatory chansjes in the decree of striufjency of rejjniative measures shall be made to depend upon lln> number lixed for kdliu:>' on the bn-ediuj'' islands in each year, so (bat if it be fomul necessary or advisable to cliar.ue this ruling number at any time, the degree of stringency of the regulations applied at sea may l)e |troporliona;ely increased m diminished. !.")♦. A compensat<)ry principle oi' this kind should absolutely remedy ^if not in each individual year, at least in the average ol years') any possible want of ellicieuey '.u the general scheme of measures, removing any doubt which may ho supposed to at' icli to the proper contri 1 of scaling at sea, which it is not pos.sihle to regulate on nu enact nttnigrical basis. >j>r. (\\,) i, wo l)olii'vo (Init llio ix»iuisilo douioo of iiiiitofti!>ii woiilil ho atJonloit hv ll\c niipliontioii of (ho following spocitio limilalinns al hIi(.;c ami al soa : - ((I.) Tho nia\iiniim uuiuhor of souls to ho laKon on thi' Prilnh)ll' Islamis (o lio tixoil at :.0,0(V,1. (It.) A zone of jtioloctoil wators to ho ostahHslioil, o.sliiulin;;- to a «iis(ano.- ol '20 iiaiitioal milos from tlio ishinds. (f.) A ohiso soason to he jnovitlcd, oxtoiidiitj; from (lio U">tli Sop'omhor to ilio 1st May in oaoli voar. thirin<>' wliioli all killinn of sials shall ho i>iohibitoil, with th- additional provision that no soalinjjj-vossol shall ontor nohiinf>' Soa hoforo tlio 1st July in oaoh yoar. lot). l}os|)ootini;' tho oomponsatoiy foaturo of suoh spooilio roj>ulalions. it is holiovod (lint a just soalo of oipiivalonoy as hotwooii shore and soa soaliiif;- would he found, and a oonipleto oheok ostahlishod (-"ainst any undue liiniinutioii of seals, hy adopting;- the following as a unit of ooinponsatory rej>uhition : Kor eaoli deorca-o of 1(^000 in the numher lixed for Lilliii;j on the inlands, an increase of 10 nantieal miles to he ^iveii to the width of protoeUd waters about (he islands. The minimuin nnmher to lie (Ixid for killinj;- on the islands to he 10,000, porrespondiuji' to a iiiaNiinnni width of pioteet >d waters of (10 nanlioiil miles. IT)?. The ahovo ie»nlalioiis reinvMiit iiioiisuros at se.v and ashore suHieicnlly cipiivalont lor all praetieal purpo.ses, anil prolmldy emhody or luovide for roiiulalions as nitplied to sealiuji on the hi^h seas as slriii_ii,>nt as would i»e admitted hy any Maritime Towor. whether diivetly rr only potentially inleiested, lo.'^. As an alttriialivo nuihod of edeetin;;- a eompensitory adiu-^rment of the striiiiioney of measuiis of | loleelion. it is jiossiMt* (hat smne adviiiitajii's minht he found in tlie adoption of .i .-ilidiii;; st'ale of lenijth for the sea-on of s alio;;' at se.i, willi a lixiil wiiltli of /.one of pro(oe(i<>n ahoul the i-hiiids. In this ease it is h,>lio\ed thai, in (■orri'>poiidoiue wiih a deereaM' of 10, OllO seals killed npoii the hreodinj;- i-laiuN, tlio l.iion at sea mijiht he eiirlailed hy seven days, sneh ourlailment to he applied eillu i (o tlte openiiin' or e'osiiij;- (inns of the sealing- season. ir»0. It may ho olijeetoil to the prineiph' iinoho.i in an\ oorrelative loj^ulation o\' .shore and sea .-soaliiii;, that it would he impossihlo in any pari ieiilar year to ma'.e known (ho numher li\ed for killing- on the islands in lime (o soeere a eoriespondiiiu; roiiidaliou of pelaijie sealing. .\s a matter tif lael, howe\er. if tin eomiition of llu> hreediiiii- rookeries o.'illot'. for any ehan,m'. it should he pos>ilih' (o lis this nnmher with sutlieieiil proi'ision a yerir in ailvanee; whilo, on tlu- other luiiid, tlu' i;i neral etlect would h." almost eipi.lls adva-iiayi'.nis il Ihe nuaiher killed ou the isliiisds in any one year wi emplmtul ns tee faitm of rei;ul.itioii itu' pelayie sealiiin' in (he folhiwiiii;' year i'O. NS'hilo a 7.(010 of proleetion has heen spoken oi' as tlio host method of >.al'e- ftuardiii;; tli>' viesnity of the hreodinu inlands, il is to li,> home in miiul that siioli an ai\-a niijtht he deliiieil tor praeiieal purposes as a leetaiimilar area liminded hy eerlaiu liins of luddide and longitude. I''.vi'n ia deiiso I'o::-, ami, (horefore, emnpaiatively ealm wcathei, nn arrested ve.^sel could hi> aiieliored with a kodyo and warp until the weather elcared, aeoordinfj to freipient eustoin. The special advantaj;es of a eoneentrie zone apiie.r to ho that it is more directly in conformily with tho ohjoet in view, and that in line woall'or the visihility or othor.iise of the islands tiiomsi'lvos nii;>lit sorvo as a roiiuli j;iiide (o sellers. 1(51. The restriction ol the niiinher of seals killed on the hroedini!; islands, iippro- lirinto safofiunidi' heinj;' provided, admit of very eonsidernhlo proeision, and roipiiies no Bnooial oxplnnntion. That (ho ros(rie(ion of (ho numher (akon at soa may heaieom- plishcd innedeally and wi(h all necessary eer(ain(y, and (hat the means of control nvailiihlo in (ho case of this hianeli of tho scaliuj;- industry are suHicioiil, is clearly shiwn l»y (he successful applieadon of measures such as (hose here jiroposod, (n (he .lau-Mayeii and Newfoundland Imir-senl tishcrios, as well as of those hased on like principles which nro {>enernlly employed in protect inj;- lish and j>amo. |;mioJ 26 (C.) — Methods of giving effect to Kfrulatioiis. 1G2. The means suited to secure the practical cfllciency of regulations at sea arc gcncrnlly indicated hy those adopted in the instances just cited. It is unnecessary to formulate these here in full detail, but the following sujfgestions arc offered as pointing out those metliods likely to prove most useful in ti)e particular case under con- hidcration : — (i.) Statutory provisions should be made, declaring it unlawful to hunt or take fur- seal (luring the close season by subjects or vessels of the respective Powers. (ii.) The time of commencement of the sealing season should be further regulated by the date of issuance of special Customs clearances and of licences for sealing, and preferably by the issuance of such clearances or licences from certain spccitied ports only. (iii.) As elsewhere explained, the regulation of tlie time of opening of the scaling season is the most important, and tlie closing of the season is practically brought about by the onset of rough weatlicr in the early autumn. If, however, it be considered desirable to fix a precise date for the close of sea-sealing in each year, this can be done, as in the case of the date of scaling under the Jan-Mayen Convention. (iv.) Tiic liiibility for brcacii of the regulations, of whatever kind, should be made io apply to the owner, to the master or person in charge of any vessel, and to the hunters engaged on the vessel. (v.) The penalty imposed should be a tine (of which ono-half should go to the informant), with possibly, in aggravated cases or second offence.^ the forfoitm i of the catch and of the vessel itself. (vi.) To iacilitate the supervision of the seal fishery and the c/ •!'!(.,' . '■' the regjdations, all scalers might, in addition, bo required to Hy a distinctive (la.:;, ivlcch might well be identical with, or some colour modidcatioii of, that ah>ady adopted for the same purpose by the Japanese Government. ml; nil 1 1 : \'r (U.) — Allernatiie Methods oj Regitlation. 1G3. Although the general scheme of measiires above described appears to us, all things considered, to be the most appropriate to the actual circumstances, measures of other kinds liave suggested themselves. Some of these, tliough periiaps less perfectly adapted to secure the fullest advantages, recommend themselves from tiieir very simplicity and the ease with wliich they might be applie.l. Of such alternative methods of regulation, tiiree may be specially refeircd to : - hi, I I ! (j.) — Entire Prohibition of Killing on one of the Breeding Islands, with suitable Concurrent Regulations at Sea. 104. The entire reservation and protection of one of the two larger islands of tun Pribyloff group, either St. Paul or St. George Island, might be assured ; sucli ishmd to be mnintuined as an undisturbed breeding place, upon which no seals sluiU be killed for any jjurpoH'. On tiic remaiii'ug island, tlie number of seals killed for commercinl purposes wouhl remain wholly uniler the control of the Government of tiie United States. In consideration of the guaranteed pvestivation of a breeding island with the purpose of insuring the continuance of the seal stock in the common interest, a zone of protected waters might be established about the Pribyloff Islands, and pelagic sealing might be further controlled an-l restricted by means of a close season, including the early spring months, or by a ])rotccteJ area to the south of the Aleutian Islands, defined by parallels of latitude. Such provisions at sea to have, ns fur as possible, qiiantivalcnt relation to ti.MO established on the breeding islands. (ti.) — Recurrent Periods oJ Rest. lOo. This injplies the provision of a period of res'., or cxo'.i.'tion of all seals from killing, both ut sea and on shore, to extend over a - .vr measures regulating sea sealing, of any required degree of stringency, including certain special rights of supervision by the Powers mentioned. JG8. It might, for example, under such ciicumstances, be provided — (1.) That all scaling-vesseis should be registered, and should take out special licences at one or other of certain specified port-, as, for instance, Victoria, Port Townsend, Honolulu, Hakodate, and Vladivostock. (2.) That such annual clearances or licences be lot issued before a given date, say, 1st May, and that certain licence fees be exacted. ►->uch licence fees to be collected by the Customs authorities of the licensing Government, and to be eventually transferred, in whole or in part, proportionately, to the Governments protecting the bree«''ng islands, to go toward meeting the cost of this protection. (3.) That no vessel should seal in Behring Sea before some fixed date (say, 1st July) in each year, and that vessels intending to seal in Behring Sea should report either to the Ui ited States or to the Russian authorities on ov after that date at named ports, such as Un.ilaska or Petropaulouski. (4.) That all duly licensed sealing-vessels should be reijuired to fly a distinctive flag, and that any unlicensed vessel found engaged in sealing should be subject to certain penalties. (5.) That a zone cf protected waters should be established about the breeding islands, within which no sealing should under any circumstances ' pen (E.) — International Action. 169. In the foregoing remarks on the measures available for the protection and preservation of the fur-seal of the North Pacific, reference is made throughout especially to the eastern part of that ocean, including more part iv/ularly the area comprised in the range of those fur-seals of which the summer haunts and breeding places are about or on the Pribyloff Islands, and of which the winter home is found especially olf the coast of British Columbia. It is evident, however, tliat the same remarks and recommendations apply equally to tlioso fur-seals which in summer centre about the Commander Islands, and in winter frequent the seas off the coast of Japan. 170. It may be stated, further, that no system of control can be considered as absolutely complete and effective which docs not include under common regulations all imrts of the North Pacific, and that the facility of execution of meusurea and their cUciency would, under any system of regulations, be much increased by the concurrent [S05j E 2 Ill 28 nclioii of firciit liiitain, llic L'nilod Slates, Russiii, ami .lapan, as indicalcil in the Mossaijc of tlic IVosiileiit of tlic United States in 1889. i\pait from the fact that vessels prevented from sealin<>- at given dates in certain areas might at these times fre(inent otiier waters in increased nnmbers, (lie circumstance tiiat there is a certain, tliough not fnllj known, interrelation and interchange of seals between the eastern and v.cstcrn breeding islands of Behring Sea, points very clearly to the advisability of such co-operation in protection. 4 Paui II. DETAILKU OBSERVATIONS ON THE IWOl'S AND CONDITIONS OF SEAL LIFE. -NATURATi HlSTOIir AND EnVTROMMKNT OP TIIK FlIR-SKAL OF THE NoRTlI Pacific. (A.) — }figrnliniis and Range of the Fur-seal of the North Pacific. (i.) — Kanteni Sidf of the Norlli Pacific. 171. Kcspectiiif;' the luigiations and ifin<;o of tlie fur-seal in tlic Nortli Pacific, while miineroii.s scattered icterences arp to ))c found, tliese are for the most part fragmentary and vague, and no connected account of the migrations or migration routes, hased upon facts, have heretofore been given. The additional informalion gained in tlie course of special inquiries on (his sultject now, however, not only enahlos tlic migrations of the fur-seal to ho clearly followed, but appears dclinitivcly to set at rest the (juestiou which has been consistently asked by sealers from the earliest limes of the Hii>sian occupation as to the winter habitat of the fur-seal. 172. Written inquiries on this and other points were addressed to the district Indian agents along the coast of Britisii Cohunbia, and the traders, Aleuts, Indians, and others interested or engaged in seal-hunting, or resident on the West Coast, have been conversed with and questioned. (See Appendix 0.) 173. The notes thus obtained arc summarized below, and it nniy be stated that, with few and unimportant exceptions, such as may be explained by variations from year to year in time and direction of migration, these arc concordant and homogeneous in their meaning. 174. Those who have been upon the PribylofF Islands in the autumn and winter state that the seals leave these islands and their vicinity for tlio south chiefly between the middle of October and the early part of December, though a few may depart before the first date, while in exceptionally mild seasons stragglers have 'been known to remain after the latter month. The mature seals, especially the females, are the first to leave, the pups (now on account of their change of coat ranking as " grey pups ") going later, and almost all abotit the middle of November, when they are driven off by the weather. The "holluschickie" (half-grown males or " bachelors") and a few old bulls are the last to leave. 176. Prom October to December, but chiefly in November, the seals are seen in varying abundance by the Aleuts of the eastern part of the Aleutian Islands, and are hunted by these people. The openings in the Aleutian chain, through winch most of the seals go southward, are those known as the IJnalga, Akutan, Uniniak, and Issanakh Passes. The scpls killed here arc chielly grey pups, which, particularly when the wind blows strongly from northerly directions, seem to miss the actual passes, and to become embayed for a time in the harbours and inlets on the northern side of the islands. When strong easterly winds prevail at this season, grey pups, which have evidently made their departure from the Pribyloff Islands, are occasionally and in small numbers drifted as far to the westward as Atka Island, longitude 172" west, but none are ever seen at Attu Island. 170. On getting clear of the Aleutian islands, the seals continue their migration in a southerly or south-easterly direction, and do not follow the coast in its north-easterly sweep, round the border of that part of the ocean which is sometimes called the Gulf of Alaska. They are not seen about Kadiak at this season, and only rarely in the autumn and winter oft' Sitka. Nearly two degrees of latitude south of Sitka, however, the Indians of Klawak, in the Bucarclli Gulf, take a number of seals every winter, generally about Christmas, most of these being grey pups or yearlings. 177. About the northern part of the Queen Charlotte Islands, some young seals are seen every winter toward the end of January and in February. These are chiefly grey pups or yearlings, though a few full-grown males and seals of other ages are seen as well. Hunting is not carried on at this season, but considerable numbers of such seals '■ 1 Ml 1 1 n ', i 30 have sonictinies been taken dose to the shore. Between the latter part of February anil tlie third week in April, it is stated that no seals arc seen here. Abroiiht of, or s-onicwlint furthor north than, the Queen Ciiarlotto Islands, a con- siderable body of seals is often met «itli at sea by the pelagic sealers in May or June. These seals nre then moving noi tinvard. In the northern part of Hecate Strait and its adjacent waters a few grey pups nre said to be often found in November and December, but persons giving information on this point mention the end of December as the time of arrival. Seals arc more plentiful in .lanuary, February, and March, but particularly in February. The entrance to Wark Inlet is specially noted ns a locality at whicii grey pups arc often obtained at this season. A few adult seals are sometimes taken in winter off Banks Island, but no regular huntii'p: is attempted there before the 1st March, when Bonilla Island is occupied for this purpose by Kit-kalla Indians, and the 1st April, at which time Tshimsians resort to Zayos Island lor tiic same purpose. The hunting, as at present practised, extends over Ajiril and the greater part of May ; off Bonilla Island it is continued through the greater part of June, but this dilfercnce is due rather to the option of the Indians than to any diversity in dates in the arrival and departure of the seals in the two places. Seals of both sexes and all ages are killed during 'the hunting season, and a few full-grown bulls nre seen, but are seldom taken. Tiierc is, in this region, no interval between the arrival of seals from tlic north in the early winter and their departure for the nortli, which occurs in the main about the end of May. Mr. 1{. Cunningham states, that about twenty-three years ago, he was per"Dnally cognizant of the fact that for several successive years a small colony of adult seals stayed all the winter about Somervilic Island, in the entrance of Observatory Inlet. These seals api)cnred to be Ibllowing and feeding upon the ulachan or candle-fish. 178. On that part of the coast about Milbank and Fitzhugh Sounds, still further south, but unlike the last roiiion in being fully open to the Pacific, n few seals nre seen about Christmas, or not long thereafter. They are generally first observed outside Cape Calvert. Seals are most almndant iii March, but a few remain till the latter part of June. The seals coming (irst are chielly females, but after about the 1st June they are nearly all young males. Fully malurod large males are found in small numbers; grey pups or yearlings venture further into the inner channels, and come nearer to the shores. 179. About the north end of Vancouver's Island and the entrance to Queen Charlotte Sound the seals are iirst seen early in December, but not in any abundance until about Christmas, from which time, for a month or six weeks, they rae very numerous in all this vicinity though the stormy character of the weather prevents the Indiaa hunters from going far to sea in pursuit of them, They are stated to disappear about April. The females are the first to arrive in the winter, but are followed by the grey pups or yearlings a little later, and in most of the time during which the seals remain, both sexes and all ages arc represented, though the grey pups come nearest to tlic sliore, particularly when the weather is rough. In the winter of 1890-91, a number of seals were killed by the Indians as far in as the entrance of Knight's Inlet, and on one occasion (according to Mr. Huson, about 1870, in March) a gi c number of grey pups ascended Knight's and Kingcombc Inlets to their heads, following the ulachan, which seek these places to spawn at this season. 180. At Xootka, on the west coast of Vancouver Island, it is stated that no seals arc seen before Christmas, but in the first or second week after that date, according to the weather, hunting begins, and is continued for three months. Occasional large old bulls are also rarely seen here. 181. At Clayoquot Sound, the seals arrive about Christmas, or between that time and the end of December, and hunting begins early in January. The Indians report that some schooners hunt off that coast for about a month from this date before going north. Seals of both sexes appear here and remain together, but no large bulls have ever been seen. In 1885 seals were unusually abundant off Clayoquot as early as the 10th or 15th December, but were mostly grey pups " smalls," or 2 and 3 year-olds. 182. About Barclay Sound the seals are first reported in December, and arc often very abundant during January and February. The greater number leave before the end of April, when they begin to travel north, but a few arc killed, further out at sea, sometimes as late as the I5th June. Most of the skins brought in by Indians arc grey pups or "smalls," but in 1891 there was an unusual number of adult skins. 183. With further reference to the occurrence of fur-seala on the coast of British 30 a Columbia generally, the following note by Mr. J. \V. Mackiiy, who has for many «oara been conversant wiCli this coast, may be quoted. In reply to inquiries made, he writes : " These animals were driven to tlic ocean iVom tho narrow waters by the use of fire-arms in hunting. During the spring, numbers r^f the young animals fish in tiie broken waters inside the half-tide rocks and reefs which fringe the western shores of Vancouver Island and of the other is-lands which lie west of the mainland from Queen Charlotte Sound to Dixon Entrance. The older animals remain further at sea, but numbors of tliem take refuge in the larger sounds during stormy weather; I have seen them olF Metla-katia in the month of January 184. Captain Joiin Devcreux, who has been for twenty-seven years on the coast of British Columbia, and has had excellent opportunities for observation, in command of the Canadian Government steamer " Douglas," informs us, in reply to questions addressed to him, that from the latter part of Xovember, or early in December, to the beginning of June, the fur-seal is found o(f tiie coast of the entire length of Vancouver Island, but that in the early winter the weather is altogctlier too rough for hunting. He adds, "When (hey are found along the bank on the west coast of Vancouver Island they arc feeding on their natural feeding-grounds." lie further states that, though often far off the land, he has frc([ueutly found thorn inshore, and even eighteen miles up Barclay Sound; as well as in the Strait of Fuca, and, on rare occasions, in tiie Gulf of Georgia. 185. Near Cape Flattery and about the entrance of the Straits of Fuca, it is reported that the Indians have on exceptional occasions seen seals as early as December, and schooners have been known to take seals in that month off the Cape; but the seals usually arrive about the 1st January, when hunting begins. Grey pups are the first to appear, but in February all sorts of seals are found, except mature males. No full- grown bulls have ever been seen in this vicinity. No females with pup are found after tlie 5th or Gth July, and it is probable that only a few stragglers of any kind remain, though, according to Judge Swan, occasional seals are to be found here at all seasons. The last seals soon in summer are as a rule males or barren females. In exceptional instances a few seals, probably grey pups or yearlings, have been noted in recent years as far up the Straits of Fuca as Victoria and Port Townsend. Mr. J. W. Mackay, already quoted, states that the older hunters of the Songis, Sooke, and Tlalum tribes, living on or near the southern end of Vancouver Island, told him that in former years fur-seals were in the habit of laiulin,.^- in large numbers at Race Rocks, within 1 1 miles of Victoria. Fur-iieals also many years ago frequented the Gulf of Georgia, and Mr. Mackay has himself bought skins from the Seshal Indians, of .larvis Inlet, wiiich they had taken at Sangster Island, near Texada Island. 180. From tiie foregoing notes, embodying the result of careful inquiries personally made at the localities referred to along a stretch of 2,000 miles of the west coast of the Continent, it is evident that in that part of the ocean adjacent to the entire length of the coast of British Columbia, as well as within the main openings and inlets of that coast, the fur-seal is a permanent winter resident, arriving soon after it is known to have passed southward through the Aleutian chain, and remaining till a general movement to the north begins in the early spring, and, though the movement last referred toacijuires greater force and regularity towards its close, no time occurs between the arrival of the seals from the north and the return migration, at whicli they arc not fnmd olf this coast. 187. To the north of the Queen Charlotte Islands, however, the case is diirerent, for here, as already stated, the seals ilo not follow tho const in tho autumn migration, whereas they move in rather close parallelism or contiguity to it when on their way north in the spring and early summer. Thus, in the vicinity of Sitka some seals appear near the coast as early as the middle of April, but they become abundant during May, and some are still seen in tho early part cf June. On tlie Fairweather ground, in the Gulf of Alaska, seals are most numerous from the 1st to the loth June. About the 2oth June, in 1891, they were found in abundance by the 8eaIing-.schooners on the Portlock banks, to the east of Kailiak Island. About Kadiak they are generally found from the 25th May to the end of June, being most abundant in the average of years about the 10th June. They are seldom seen in July, and very rarely even stragglers are noticed after the middle of that month. in the latter part of June, or rbout the 1st July, the female seals in pup, which have entered Behring Sea, arc found only making their way rapidly and directly to the breeding islands, while the great body of non-breeding seals cither travel in a more leisurely way and with frequent intervals of rest, in the same direction, or disperse them- selves in search of food over various parts of the sea. 80 b : .1 I i I 'I 188, Accoidirift' to Klliott, Bryant, and Mnynard, tlio n,icatcr number of the ndult breeding males (known as " beachmasters " or " seacatdiie ") arrive at tlic Pribyloff' Island** and take up positions tiiere, from the 1st to abont the middle of June. The females alxiut to ;;ivc birth to their pups follow, at first in small and then in large numbers, their time «it' arrival ending about the lOlh to 25th July. Yearlings (the grey pups of the previous season) fomo t(» the islands in great numbers in the latter part of July. 180. Comparatively little al tent ion has bet-n given to the movements of the full-grown males by the pelrigie sealers, beeause of the small value of llieir .skins, but it has been notieed that even as early as May the females at sea are travelling more jjersistently than the other seals lo the north, while after the 1st June they are said to " bunch up" and to travel so fast toward.s the passes in the Aleutian Islands, that it i'. impossible to kill many of them. 1!)0. He.specting the e.\trome southern limit of the range of tlie fur-seal of tlio North Paeific on the Ameriean coast, little can be added to what has already bci'u published. The earliest departures of vessels for pelagic sealing fi om Victoria usually occur not long after tlie 1st January; these ves.«els then generally cruize southwards, sometimes nearly to tlie latitude of San Franci>co, in pursuit of seals; but it would appear that no large "catches'' have been recorded to the south of the Columbia River, and frequently much of what has been classed in the Hetnrns as ''south-coast catch " has been obtained off the entrance of the Strait of Fuca. It seems certain that in recent years, at least, no considerdble number of seals is found further south than about 4(>° north latitude, Ihough straggleis u)ay find their way much further south. Captain Seammon, in his work on marine mammalia, states that fur-seals were formerly abundant on the Californian coast. They have been noted, in small numbers, as lately as 187B on the cuast of Southern California,* while I'rofessor Jordan informs us that they were still taken in considerable numbers on the C3uadaIou])c Islands there in 187'J.t We have also been informed by an experienced sealer that in former years, he had (■eon fur-seals as far south as the (iulf of Tehuantapec. UH. On this subject Professor Allen writes : '-The fur-seal i.4 well known to have l)een formerly abundant on the western coast of North America, as far south as (j'alifornia, but the exact southern limit of this range I have been unable to determine." He then quotes Scammon as to the occurrence of these animals on the San Benito Islands, the coast of Lower California, Guadaloupe Fsland, and Cedros Island, in latitude 28^ He adds, writing in 1S80 : " Altliough at one time abundant im the California coast, they are by uo means numerous there now, having been nearly e.\terminated by imrestricted .slaughter by the sealers.'':;: This local depletion of seals may incidentally be taken as a further evidence of the local character of the seal herds above referred to, a point of some importance, which is subsequently discussed. If included in the annual migration-cycle of the Pribyloif Island seals, the Californian coast should not at this date have shown any notable sign of diminution in number of seals. It is, however, extremely improbable that these seals were concerned in the annual migration to Behring Sea, ami doubtful whether they were regularly migratory at all in the proper sense of the term. Like most of the fur-seals of the southern hemisphere, they may merely have resorted to the neighbouring land at tlie breeding season. Scammon states that the fur-seals foimerly bred along the Californian coast. The l''arallone Islands, oH' that coast, are known to have been the resort of a considerable body of seals, which may be assumed to have been of the same species with those of the North Pacific, and doubtless occupied these islands as breeding places. The Kussians established a station there, and, "from 1812 to 1818, about 8,400 fur-seal skins were obtained tliiro, and it is stated that before their occupation by the Russians as many as 10,000 «ere taken on these islands in a single autumn. "§ The season at which this killing t( ok place', if correctly given, is alone sufficient to show that the seals found here were not migrants from the far north. 1U2. Disregarding exceptional cases of small imnortance, with the occurrence of Jitragglers preceding or lagging behind the main body of seals, and including both sexes and all ages of seals without reference to the diH'erent dates at which these are known to reach various points, it woidd thus appear tliat the scmIs which rescu't to the eastern part of Behring Sea, with the Pribyloff Islands as a centre, in the main frequent that sea * Kliiolt, tVllMIS ltl']JOll, ].. Ol). ] " l''sli(i_v IixltiBtries of ihn L'liiti'it Stales,'' vol. ii, p. oUa. I " .Moiiograph of North American I'iiiiiipeils," p. 3'.<'J. § Bancroft'^ VVorki, vol. xxxiii,p. 487. at as m tlic curly pnrt of June till about iho middle of Xovcmbcr, a period of about five _ ntiis nnd u'-linlf. Heliring Sea may, in fact, be named tlicir sumnipr lidhiliil. Duiinu; a j)eriotl of four and a-half or live months, extending in llie main from about the 1st lar.uary to the middle or end of May, they frequent tlio sea lying off that part of, the West Coast included bi'twccn the 50th and 4()tli parallels of n 'rth latitude, —these limits including the whole length of the British Columbian f.oast, and extending beyond it slightly at both extremes. Tiiis is the irinler hnhitnt of the fur-seal of tiie eastern side of the North Pacific. During a great jjart of the time, in whiclj the seals are off this coast, the xvciithcr is so tempestuous as to prevent successful pelagic liunting, wliciher from schooners, or directly by canoes using the shore as a base of o])crations. 'I'he actual numbers of seals seen close in i-horc depend largely upon the weather in each h)cality, mid varies mucli from year to year; and with a prevalence of strong westerly winds, the grey imps or yearlings arc driven into the immediate vicinity of the coast and into its i»ays and channels, first and in the largest numbers. The neighbouriiood of Dixon liliitrance, the northe~n end of Vancouver [sland, tlie entrance to Queen Charlotte Sound, and the entrance to the Straits of Fuca, are localities specially notable for the abundance of seals during the winter and spring. The actual resorts of the seals are not alone intlucniced by the weather, biit also greatly l)y the supply of suitalde food, as more fully explained elsewhere ; and it is probably in groat measure because of the abundance ol' food fishes near the larger openings in tlie land above mentioned, that these places are special resorts. Ht3. It is a noteworthy and interesting fact, ascertained in the course of the ])rescnt in(iuiry, that the full-grc.wn males, known as " beachmasters " or "seacatchie," liave seldom or never beeti reported to the south of the 50th parallel, while all other classes of seals are found in considerable numbers much further south. This statement, of course, applies to the seals frequenting as their winter habitat that part of the ocean lying off the coasts of Hritish Columbia and the State of Washington. 1!»4. Touching the distance to which the seals extend off the coast during the winter months, the generally stormy weather at this season, with the dependent absence of pelagic sealers, liavc jjreventcd accurate information from being obtained. Captain Devertux, already cited, has, however, possessed special opportunities for obtaining information on this subject. He writes : " The distance from the shore where they (fur-seals) are to be found most jdentiful, say, off Cape Beale (where the bank extends furthest fron) the land), is from 30 to 160 miles; but these figures must not be taken ly any means as a fixed limit." Judge Swan has recorded the fact that, in 1880, large numbers of fur-seals were seen at from 100 to 300 miles off shore by vessels bound into' til'.' .Straits of Fuca tVom China and the Sandwich Islands, but tlie exact time of year is not given.* While the seals are moving northward in the spring, it can only be stated that, when tlie weather becomes such as to enable pelagic liunting to be carried on, the 11 ain body of seals is found to extend for a width of 50 or GO miles oif the coast of \ancouver Island, and for about 80 miles off the Queen Charlotte Islands. l!»j. Uetwcon the winter and summer resorts of the fur-seals lies a minimum (iistauce of about 1,200 miles, a?ross which they jiass only during their migration. As ahc-aily stated, in their spring migration they appear to follow parallel to the general trend of the coast on their way northward and westward, keeping in toucli witii the shore, ir at least witii the soundings or submarine edge of the continental plateau. !!)(]. In their southern or sontii-eiistern migration the seals do not follow the toast, but after passing through the Aleutian Islands, it is possible that they may at first scatter rather widely and at random over the ocean. It is certain, at least, that they do not pursue a direct course to the northern portion of their winter habitat, and thence travel regularly southward along tlio coast. The comparatively small differences and occasional irregularities in their dates of arrival in the different parts of their winter resorts, with other circumstances, seem io indicate tliat they come in-shoro from the westward with an extended front. This, it would appear, results naturally from the set of the currents in this part of the ocean from west to cast and directly toward the coast, t.igcther with the prevalent westerly winds of November, December, and January. The latter are well shown in detail on Maps 27, 47, and 49 in the " Challenger " IJeports, Physics and Chemistry, vol. ii. (For currents and directions of drift in the Pacific Ocean, sec especially Pefermann's "Mitteilungen," 36 Band, 1890.) While, therefore, the course and manner of this aouthern and eastern migration (embracing scarcely two months of the entire ycr) must at present remain to some 1.305] • Fiihery Industries of the United States," vol. 11, p. 394. M I extent hypothetical, the whole remaining; migratory route of the fur-seal is now accurntoly known, and tiic circumstances are such as to leave little doubt that this part is correctly explained as above. It may be supposed, that to the winds and currents chiefly is attributable the concentration of the fur-seals in the vicinity of the coast preparatory tn the inception of the spontaneous northward movement early in tlio spring. {W.)— Western Side of the North Pacific. 107. Respecting the migration-range of the fur-seals wjiich resort to the Gom- ninndcr iKlnmls, to Kobbcn Island, and in smaller numbers to several places in the Kurile Islands, ns more fully noted in subsequent pages, comparatively little has been recoidcd ; but (he result of inquirieb made in various directions, when brought together, are Kufncicnt to enable its general ciiaracter and the area which it covers to be outlined. The delieiency in information for the Asiatic coast depends on the fact that pelagic sealing, as i.ndorstood on the coast of America, is there practically unknown, while the people inhabiting the coast and its adjacent islands do not, like the Indians and AleuU of the opp isite side of the North Pacific, naturally venture far to sea for hunting purposes. 10!^. "he fuels already cited in connection with the migration of the seals on the cast side of tiie Pacific, show that these animals enter and leave Ik-hring Sea almost entirely by the eastern passes through the .Aleutian chain, and that only under excep- tional circumstances, and under stress of weather, are some young seals while on their way south, driven as far to the west as Atka Island. No large bodic:i of migrating seals are known to pass near Attn Island, the westernmost of the Aleutians, and no young seals have ever within memory been seen there. These eircumstanccG, with others which it is not necessary to detail hero, are sufTicient to demonstrate that the main migration-routes of the seals frequenting the Commander Islands do not touch the Aleutian chain, and there is every reason to believe tl".:>t although the seals become more or less commingled in liehring Sen during the suramcr, the migration-routes of tluj two sides of the North Pacific are essentially distinct. 199. During the late autumn, the winter, and in early spring, the fur-seals of the western side of the North Pacific are in fact known to frequent that part of the ocean to the eastward of the Island of Yezo, the northernmost of the Japanese group, and are seen about that coast cliiefly between Inobasaki and the cast part of Yczo. As the prevailing winds are at these seasons o(F-shore, and as neither these nor any oceanic current tend tv establish a drift toward the land, the fur-seals are probably much more widely scattered in proportion to their numbers, and are spread out to a greater distance from the land here, tiian those of the other side of the ocean arc found to be during the corresponding period of stay in their winter habitat. Tiiis belief corresponds with such information as we have been able to obtain on the subject, and probably in part at least explains the fact that it has not yet been found to be a profitable enterprise to engage in pelagic sealing in this portion of the Pacific. It must further, however, be mentioned here, that no deliiiiie information has been obtained as to the northern limit of the tract whicii may be described as the winter iiabitat of the fur-seal on the western side of the Nortli Pacific, it may t'.ierefore possibly include some portion of \hi waters adjacent to the Kurile Islands. 200. According to information contained in a Memoraudum supplied by you Majesty's Minister at Tokio (Appendix 13), tiie seals are first seen off the coast of Ycz(> early in November, while from other s.)urces it has been ascertained, that in former years, when the Alaska Commercial Company's vessel followed the soutlicrn route in her spring voyage from San Franeisco to Petropaulouski, fur-seals were often seen at sea ill Die niontli of May in about the same latitude. 201. Wlicii tlie seals first come soutli in the autumn, the grey pups are often Jibundant i:ot far from the shores of A''czo and about Nambu,* and from 2,000 to 3.O0O are annually taken tliere by the inhabitants, in boats. In the Memorandum just referred to, it is slated that, " Lar;>-c numbers of seals from the Kussian rookeries are scattered every winter over the ocean lying oil' the cast coast of Japan, but they are unmolested by foreign or native sealing-vessels, and only the fringe of them is touched by native fisliermcn in their opjii boats along the Nambu and Vezo coast." 202. When these seals move to the northward, in the spring or early summer, they doubtless l"')llo\v a route parallel to the line of the Kurile Islands, though there is ■W ■' .\ f-oa; ort on the east coast of Xipon, near latitude 40". 33 4 rnUiing known to show whether tliey pftss nonr (o these islnnds, or nt sonic considorahle difltnnec to the castwart! of them. According to Mr. Orcbnitsky, Superintendent of the Oonimandcr Islands, the seals travel with the northward hrnnch of the Jupnn current, ami arc first seen on the south-western shore of Copper r^tland, where some of them land, while others continue their journey to the north-westward, between Copper and Bchring Islands ; and those which land on the nnrtliorn rookery of Bohring Island come to it eventually from a north-eastern direction. The same gentlemnn further states, as the result of his ohservatious, that these naturally pelagic animnls land thus on the Commaiulcr Islands only hecnn-'e it is necessary for the females to do so in order to give hirth to their young; while he believes the main renson of the landing, at Inter dates, of the seals not actually engngcd in breeding, is that during the "shedding" or " stngey " season, their pelage becomes too thin to afford a suitable protection from the M-ator. The date of arrival of the seals on the Commander Islands is somewhat later than on the Pribyloff Islands, and the dates of leaving appear to he also later and rather more irregular in correspondence with the longer summer season and less precisely marked beginning of cold weather. In fact, in unusually mild years, a few fur-seals may generally be found about the Commander Islands all the winter. 203. According to Captain Rrandt, of the Ku.ssiiin gun-boat " Aleut," who has had long experience of these waters, the fur-seals frequenting llobben Island, on the fast coast of Saghalien in Okotsk Sea, pass through the Kurile Archipelago into the Pacific in autumn and do not go directly south into the Japan Sea ; though ho has seen a few fur-seals at sea not far to the north of Vladivostok. 204. It will be observed that the niigration-rnngc of the fur-seals frequenting the Commander Islands is somewhat less extended than that of thoito resorting to the Pribyloff Islands, its entire length being little mors than 1,000 miles. 20i». It is of interest here to refer to the account of the migrations of the fur-seal or "sea-cat," drawn up by the Unssi.in Kraschenimikoff, which is supposed to be based partly on his own observations and largely on those of his fellow-traveller Steller, both members of Bebring Expedition.* He writes; "The sea-cats are caught in the sprir.j and in the month of September, about the River Sheepanova ; at which time they go from the Kurilskoy (Kurile) Islands to the American coast (read Commander Islands); but the most are catched about the Cap? of Kronitzkoy, as between this and the Cape Sliupinskoy (both on the east coast i>f Kamtschatka) ; the sea is generally calm, and affords them proper places to retire to. Almost all the females that are caught in the spring are pregnant ; and such as ore near thei".- time of bringing forth their young are immediately o|)ened, and tlie young taken out and skinned. None of them arc to be seen from the beginning of June to the end of August, when they return from the south (sic, read east) with their young." 20G. The remarks on the same subject made by Fleurieu in Marchand's voyage are probably in the main also based on those of Steller. He writes, referring to the last decade of the eighteenth century : — "Ces animai'.x quittcnt au mois .(e Juin les c6tes de la presqu'lle de Kamtschatka, ot y reviennent, comnic il a et^ di'. h la fin d'Aoilt ou an commencement de Septembre, pour y passer I'automnc et I'hi'cr. Dans k> temps du depart, les femclles sont pretes ii niettre bas, c'., il paroit que Tobjct dii voyage dc ces amphibies c^t de s'eloigner le plus qu'ils peuvcnt do toute tenc b.abitee, pour {'aire tranquillcment leur petits sur des bords solitaires, ct s'y livrer eiisuitc sans trouble aux plaisirs de I'amour ; car c'est un iiiois upr^s qu'elles ont inis bas que les fcmellcs cntrent en chaleur. Tous reviennent fort inaigres i la fin d'Aout ; et il est i» pr^sumcr que, pendant leur •;; st ice, ils ne mangent que peu ou point du tout."t 207, Thepaiticular interest attaching to these quotations is, that they appear to .show that at the early dates to which they refer, the fur-seal was much better known and more often seen by the natives of the coast of Kamtschatka than it is at the present day, from which it is reasonable to conclude that on the Asiatic coost as well as on that of North America the fur-seal has considerably changed its habits, as the result of persistent hunting, and has become more pelagic than it originally was. Particulars of the same kind referring to the North American coast arc elsewhere referred to in detail (§ 390 et seq.). 208. The mode of origination of the regular migratory habit, which lias berome hereditary and instinctive in the case at least of by far the largest number of the fur-seals of the North Pacific, is an interesting question of a general kind. It is evident transUtSrmJ''' ''" '^" '*'""' '" " *'°"''8"'P'' °^ ^'o"'' America.. Pinnipeds,",.. 341; from Grieve,' English t " VovBL-o .lutoiir du Monde, 1790-9l>," toine V, n. 63. [306] . " P 2 \l i I! I : i hi n VI Wm 84 that tlio lml»it has jfiown up ah a necessary result of rosorling to I'ar northern hrcotlinn; grounds, wliilo iit (lie siinie time it in not OHsentiallv a imrt of the life history of the aninuil, a>( the Ijrecdin^ st.ilions formerly occupieil on tlie Californian coast show. It is furtlier instructive to mention, that ns the result of itn|uiries made on tliis point from those most familiar with the suhjcct in New Zealand, the Falkland Islands, and Cape Colony, it 18 found that the closely related fur-seal of the Southern Hemisphere does not ref;nlarly misrato over fi^reat tracis of the ocean, hut, when occui»yin;; stations wheie the con- ditions are favouralde for ils existence tlirou;;liout the year, it merely approaches the shores and lands upon them at the hreedinj; season. The continued [iresence of fur-seals nhout the Commander Islands in mild winters, likewise shows that even in the case of the fur-seal of the North I'acilic, it recpiires the promptin;; afforded hy decided chan,<;es in the seasons to keep up the ref,'ularity of its migratory liahits. It has indeed hcen su;ji;vcsled, ftnd with some prohability, that the seasonal changes in the temperature of the sea itself may have much to do with inipressin-j re<;ularily on the annual movement of mijiration, or, in other words, that when this temperature falls helow or rises ahove certain limits, the seals hejiin to move southward or northward in search of less frigid or less heateil waters. The data at hand are, however, insuflicient for a detailed study of this point, (iii.) — Distribiilion at ISnt, 'JO!), The distribution and mode of occurrence of the fur-seals at sea when con- gn-gated in their winter hahitats on the two sides of the North Pacific, and while migrating, have already hcen noticed. While the information on these points is not a.-, complete as could he wished, it is sutliclcnt to show in a general way how the fur-seal is nlfected in its movements hy currents, drift, and winds. In speaking of its food and feeding habits on a suhse(iuent page, it further becomes ajjparent in what nuuiner tlio seals congregate and travel in following certain food fishes. It appears to be rather in conseciuence of such circumstances, operating conjointly upon these jjelagic animal-*, than to any ruling gregarious tendencies while at sea that they b- ome collected into "schools" or groups of greater or less dimensions, i'his at leas* he result ot the examinations nnide during the summer of IH'Jl in Behring Sea, v 'hough two or liirce seals were ol'ten seen actually in company, and occasiomiUy n., ..ly as si.\ or eight, the general rule seemed to be that each seal was pursuing :ts own course, travelling, sleeping, feeding, or sporting in the water, without reference to others in the vicinity. This is clearly shown by the observation that even when passing through an area at sea in which the seals would be noted as abundant, they arc as a matter of fact usually separated by distances much too great to enable any single animal, or any group of two or three individuals, to be in any way cognizant of the presence of the ne.vt adjacent individual or similar group. Ajiart from seals met with near the shores of thd breeding islands, the densest " school " found by us was on one occasion about live miles to the westward of the land of St. Paul Island, where about forty seals were counted in a distance run of trto miles. In all other cases, it was cxceptioiml to meet with seals to the number of four to a mile run, while two to a mile run was much above the average even when jiassing through areas of abundance. It is thus evident that the seals had been brought logethir in such aieas of abundance by reason of common conditions rather than by their own volition. 210. In order to arrive at as complete a knowledge as possible of the actual distribution of the fur-seal in Behring Sea, a circular was prepared, in which it was requested that regular seal logs should be kept on the British cruizers, and, through the kindness of the Commander-in-chief on the Pacific Station, communicated to their Conimar.dcrs. The work was taken up with enthusiasm by the various officers, and maintained throughout tlie season. Careful observations of the same kind were also made on our own steamer, the " Danube," and subsequently, through the courtesy of the United Stales' Commissioners, copies of the track-charts, and observations made ot teals by the various United States' cruizers, were supjdied. Information on the same subject was also sought in various other wajs, such as by inquiry from the captains and hands of scaling-vesscls met in Victoiia and Vancouver, and from the inhabitants of various places touched at iluring the summer. 211. Little or nothing has previously been put on record with regard to the distri- bution of the fur-seal in Behring Sea during the months of their stay there, for though the pelagic sealers had formed their own opinion as to the best regions for carrying on their avocation, they naturally did not make these public, and it is believed that, in son e cases at least, they were rather inclined to keep such knowledge as they Imd gairicil by cxpericnci) entirely' private. Wliat lins been ndnally piiblisbcd on tliH subject doijciuls priiicipiiUy up in nii'a;,'ro obsLTvnIionH or ill-loinnlcd conjoctiircs siicli an the ri'Hidont ageiilH on tbe lircedins iMhuuIrt have lioen nblo to make with tlieir lin>itod opportunitii'H. Tiio eircunistanees in IH'Jl were, however, exceptionally I'avonnibio lor ncqtiirin^ inCorn.nlion of a conipaiable kind on the (piCMtion of distribntion. '2V2. Tiie obHcrvalions at toinnnind for IH'Jl practically <.'over pretty tiioronghly the period of about two month i dnrin;j which seals are onlinariiy taken by peln^nc hnntcrs ii". Uchriiif? Hea, extending;' from the middle of duly to the middle of September, and they arc much more complete for the eastern than for the western part of the Helirinj? Sea. 213. On consideration of the malcriai to be dealt with, it was decided that it mip;hl bcmostadvanta-Jeously divided into two periods of about a nn.ntli each, the first inclndinj; all dates from the lath July to the iritii Au'^ust, and the second those between the 15th August and the loth Beptcndjer. All the lines cruized over in tlie lirst of these period* were plotted on one set of maps, ami t! ose in the second jieriod on am)ther. Tiie j)art^i of these tracks run over duriiii; the night, and in which seals therefore could not well be observed, were indicated on the nnips iti a ililferent manner from the day tracks, a-< far as possible ; and with the assistance of the logs, the numbers of Heals seen in certain intervals were then entered along the various routes in a graphic manner. Tiic places in which pelagic sealers had reported seals to be abundant or otherwise, as well as those in wiiicb scaling-vcsscla were found at work by the cruizers, and other facts obtained from various aourecs, were also indicated on the nnvjis. 214. AVithout attempting to enter into further details here as to the methods employed, the general results arrived at may now be briefly described : — It is evident, in the first place, that the seals arc most abundant in the water In the immediate vicinity of the shores of the breeding islands, this abundance of seals extending often not more than half-a-mile from the fronts of the breeding grounds, and seldom for 3 or 4 miles in such a way as to be at all notable. In the case of the Pribylotf Islands, it is also obscrveil that seals were numerous in both the monthly periods in the tract included in a general way between S' Paul and St. George Islands, though they differed much in this respect even at nciuly approximate dates. It is further clearly shown that the Pribylolf ond Ccnmaudcr groups form the main centres of abundance of seals in Behring Sea during the summer ; but that while this is undoubtedly the case. the seals are not found to decrease in numbers with any approximation to regularity in zones concentric with the i,slands, — always excluding the seals in the immediate neighbourhood of the shores. '.il5. It is therefore not possible to outline a series of zones in which the number of seals present will bear an inverse ratio to the distance from the islands. It is, however, possible (o draw an approximate limit for a region about the Pribylotf group, which will roughly define the area of abundant seals at sea during each of the two monthly periods chosen. In the case of the rtgion about the Commander Islands, data, though almost wanting for the first monthly period, and but scanty for the second, are sufficient to indicate a general mode of distribution similar to that demonstrable in the fir,'.t case. Within the areas of abundant seals, these animals are, however, by no means regularly distributed, even at any particular fixed date, but are scattered in irregular patches in the diffuse character already described, and are very often thickest locally towards the outer limits of the area. 21G. Beyond these areas, seals are found more or less sparsely scattered over a great part of Behring Sea, which in the first period extend.s, in the longitude of the Pribylotf Islands, from the Aleutian chain northward to about the 59th degree of latitude, includes the wliole vicinity of the western Aleutian Islands, and spreads again to a greater width with the Commander Islands as a centre. 217. In 1891 the area of abundant seals about the Pribylotf Islands appeared to be not only changed in form, but considerably reduced in size in the second monthly period ; while that of scattered seals was not only changed in form, but much enlarged in area. It appears, that in most years, in the later summer this area of scattered seals extends to the north-east of the Commander Islands, quite to, or even beyond, the GOth parallel of north latitude. This particular extension is probably to be explained by the drift of that branch of the Japan current which flows through the western part of Bchriner Sea, assisted by the prevailing southerly winds in the same part of the sea in J .e and July ;• while the comparatively restricted spread in a northward direction in the eastern part of the sea may bo similarly connected with the general movement of the water from north to south in that region. * Sec .Maos 37 and 33, " Challenger Expedition ltain with regard to the Commander Islands. 221. Respecting the number of fur-seals to be found at sea within the areas of abundance above referred to, and exclusive of those freijuenting the islands and thci'' immcuiale shores, it is difFicuIt to attain to anything like cerir.in results. The endeavour has been made, iiowever, in a tentative way lo reach some roughly approximate i^^timates, by finding the number of seals actually .seen in measured lengths of runs in or across such areas, chosen ns typical, and made at different times in both monthly periods. The results obtained varied somewhat widely, as might be expected, not alone in conse- quence of the actual dill'eronce in density of the seals, but also from circunislances connected with the weather and the state of the sea suiface. The ob-servations made were, however, combined in a general av(>rage, which, when thus treated, showed about one seal noted to each mile run, On the assumption (which cannot be very far from the fact) that on the average a width of half-a-mile was efficiently scanned from the deck, this would give a n.^an number of two fur-sials lo each scpiare mile of sea suiface wi*' i the area referred to. 2:22. As to the much larger area of scattcied seal=, it is still more dililciilt in this case to arrive at any even approximately accurate results, for though long runs were often made without meeting any seals, linruoi patches of relatively abunilaiit seals were some- times met with, and these seemed to oe quite irregularly distributed. It appears probable, however, that the density of seals within those areas does not exceed, but may reach, about one to five square miles. I i 87 1 '•1 I 223. Xo connected bad;^ of observations is in existence as to tlic actual ubuudanco of Reals at sea and their distribution in various parts of their range in different years, but more attention has naturally been paid to this since the development of pelagic sealiii^. The "ollowing references on this subject have been found in documents already published, or obtained in evidence. They arc together sufficient at least to sliow that the distribution of the seals at sea, particularly as between ditTcrent parts of their winter habitat, is subject to consideralilc variation. 1866. Judge J. G. Swan saj's, that between ]857 and 1866 fur-seals were very scarce about Cape Flattery, and that it is only since the last-mentioned year that they have begun to resort to the vicinity of Fuca Strait in such great numbers.* [This statement is probably based on tlic number of skins actually taken by thf Indians, and may in part, at least, be explained by the fact that for a number of years the Indians scarcely hunted the fur-seal (§ 562).] 1868. 5,000 fur-seals arc said to have been killed about the Strait of Fuca in this year.t 1869. Bryant speaks of (he abundance of fur-seals off the coasts of Oregon, Washington, and Biitisii Columbia in this as compared with former yoars.J 1872. Cnpuiin Lewis, then cornected with the Hudson's Bay Company, sfated tliat in 1872 " immense numbers of fur-seal pups and yearlings'' were observed in the ocean off Vanv^ouver Island and liic entrance to Fuca Straits. That lie had never during thirty years of previous service on the north-west coast seen or heard of such an abundance of fur-seals. lie thought that "8,000 or 9,000 skins, chiefly pups and yearlings," ere taken. § 1873. Captain Lewis, previously cited, stated that in this year veiy few fur-seals were seen off the British Columbian coast. His figures showed only '• (300 or 700 skins ; these were all older oncs."|| 18G6to 1880. Writiig in 1880, Judge J. G. Swan says: "This unprecedented number of seals which made their appearance, a number which seems to have increased every season since 1S06, will give employment to a larger fleet of vessels another year,"^ 1880. vessels ma According to Judge J. G. Swan,** the canoe catch of Neah Bay (Mnkah; Indians in this ycai- was 1,;jjS. 1 881. Mr. Marsilliot, second engineer of United States' I'evenue Cutter " Wolcott," states that in tliis year fur-seals were very abundant in Puget Sound, and were taken as far in as Hoods Canal.ft 1S8S. Judge J. G. Swan, in a letter to Senator Dolph, says : •' Seals arc reported as being unusually numerous this season, and are in myriads. California steamers report running through one herd which extended 100 miles, ami the seals appeared to be as thick as tiiey could swim." J J 188!). Captain J. D. "Warren, who has been actively engaged in sealing for twenty years, states that during that time he has noticed no diminution in the number of seals at sea, hut, if any change at all, an iiicrease.§^ 1889. Captain W. O'Leary, willi four years' ex|ierieiiee, sa^s: •• I do not think there is any deciease in the number of seals entering Beliring Sen. I never saw so many seals along t'lo coast as there were tliis yenr, and in Behring Sea they were more numerous than 1 ever saw before. "li|| 1890. ]\Ir, A. H. Milnv, (Collector of C .stoms at Victoria, summarizing the in- formation obtained by him from sealers res. ottng that season, says : " 1 can now safely repeat wiiat 1 have already said ami writtn, that owners and masters do not entertain the slightest idea that the seals arc at all scarcer." He ailds, thai statements made to a contrary eflect in the press are believed to have been inspired by interested motivcs-^f^ 1890 mid 18!)1. Mr. R. II. Pidcock, Indian, reports that the Indians of uMthorn port of YiMU'ouver Islaiul .siy (he fur-seals have been less plentiful tlian ])eforc duriu"- these two • ars. " Mr. Harry Guiilod, Indian Agent for the west coast of Vancouver IslamI, says that * " I'islury Imiiisirlcs of tlio Unitcii Stnti'f." vol. ii, p. 3LH. + D.ill. " Aliislia iiml its llrsources, ' j). 493. X •■ Moiioijiapt; ot Nortli .American I'liiuipcds," p. 33' 0. Fur-seals were reported in groat ahumlanee 100 to 300 miles ofl'-shore, by iiaking for the Strait af Fuca. J Qiii>t.-cl by Klliull, L'uiloil Slates" CViisiis Kiport, p I " I isliory Indiisliics oilho Unitcil Slates " ■ ■' 1U6. vi)l. ii, p. ;97. II United Stales' Census H.-pnil, p. IGL". «» Jliid.,p, o9^. tf Quoted by .Iiidye .(. G. Swnii in Hall. " United Slates' Fisliery Commiasion," vol. iii, p. 200. ll I'arliBnieiilnrv I'apcr [C. G13I]. p. 192. I'll Ibid., p. 3J7. ^1 I'arliamcnlary I'npei S8 Ibid,, p. 35U. G'.i53], p. 7S. I'll •Mi :i '^ 88 tl.c Imliiins loporl an uniisunl abunilam-o of seals in tlicsc (wo vcars, wliilo llu\v were Bcnico for tlnoo joars provionsly. 1S',)1. Mr. I'. Toilil, Inilian njj;t*iit nt Metla-Katla, on tlie nortborn ]mrt of (lie coast of Biidsh rolinnhia, s(a(es lliat (lie linlians believe the nunilter of fur-seals to have been about tbe six^ic lor tbe past twenty .years. Kesjjeelini; tbe number of seals met witb nt sen in tbis year, the followinj^' statements occur in tlx; sworn evidence (»f scalers: — C. J. Kelly: Seals nre as i)lentiful this year fro:ii the coast (of liritisb Columbia) to the Sbuma;jin Islands as la^t yenr. (apfnin "W. IVtit : From Cape Flattery north, seal:! were more plentiful than any year sinee l^Sd; in IW'briu^ Sea, as plentiful as in furmer ycnr.s. Captain W. K. l?aker: Alon<; the coast to tbe Shumagin Islands seals were as ])lentiful in some places as the yenr before; in others, more plentiful. No material tlitference in my average cntdi for last four years. No decrease in number of .seals in late ycais. Captain A. IJisset : Seals were as plentiful last yenr as in previous years along the coast. Cnplain T. M. Ma<;nesen : Senis were more plentiful last year tbnn I bad ever seen them, both in nehrinj? Sea and nlonjj the const. ]{icbnrd Tbompson : Seals were as ])len(ifid last year as the year before. Aiulrew liainff : No decrease in seals last yenr. Captain \V. Vox : Seals were as plentiful last year ns ever before. Cnptnin C. llackett: Found the senls ns plentiful cm tbe coast Inst yenr as in former yenrs. Senls were more numerous in Ik-hrinp Sea tbnn I ever saw them before. Captain V. McDougnl : Found the senls thicker in Heliring Sen thai, ever before. A. Doufjlas: Had scaled seven years. Noticed no decrease in ncmber of seals last year. 'J'houftht they appeared a little shyer. Saw more senls nnd Inrger bodies of Bcals in Bebring Sea than ever hefure. L. L. McLean : Seals were more plentiful Inst year. Never saw seals so plentiful in Behring Sea before (in seven years' experience). 1892 (January), .(udge J. G. Swan, in a letter, stales that Indians report seals unusually abundant offC'npe FInttcry and about Barclay Soind. {\i.)-Food of the Fiii-seal. 221. The bioad and genoi-al facts of the nnnual migration bnbits ot the fur-seal do not ai)pear to depend i)rimnrily upon the jiursuit of food, but rnther seem to be governed by tbe instinctive resort to the breeding islands in the spring, followed by tnc ecjually instinctive depnrtiire for more southern Intitudes on the npi)ronch of the cold ami snows of winter. The distribution and migrations of the animals upon wbieli tlie seals depen«l for food doubtless bav'% however, a considerable influence on the movements of the senl in a subordinnte decree, nnd pnrticulnrly upon its nbundance or otherwise at variou times in different jmrts of its summer and winter babitat-i. Sonit^ o'.' t'le Inst observntions quoted linve a direct bearing on tbis point. 2:?r>. Most of (be information gnined on this subject is the result of special incjuirics made among the native hunters of tiitferent parts of the coast, and of (Uicstions addressed to tbe pelagic sealers. Tbe knowledge procured by these peoi)lc is obtained in various ways, Seals are often seen at sea nctunlly pursuing fish of dillerent kinds, or coming to th'> surface with a lish held in the jaws. Tbe stomachs of senls killed at sen nre freiiuently well lilled witb lish, nnd nre, frou) motives of curiosity, sonietiuie-; examined. It is also often noticed that a senl, \.hen tnken into a cnnoe, vomits tbe entire contents of the stomach. Another, and, though less direct, scarcely less trustworthy source of information, is (he locally-observed coincidence in abundance of seals wi(b (hat of certain kinds of lish. 22(i. Without quoting at length the numerous statements obtained on this point, it niny be s^aid that the general tenour of the evidence shows, that while the fur-seal lias been known to eat almost all kinds of (ish, including cod and even halibut, its favourite diet consists of small iisb, of which the herring, probably from its size nnd from its gregarious hnbit, is nltogether the most important. The appearance of senls toward spring in the inner waters along the coast of British Columbia, and the numbers seen there at any particular place or time, bear n very close relation to the occurrence of shoals of herring, while soine of the most notable cases of the pene(ration of seals into the narrow channels about the estuary of the Nnss, Skeena, and Knight's Inlet have been ■i: HO ilirccUy trnccil in Jlicir pursuit of flic wlnclinn, or cnndlcfisli, tlien rosortin<» to tlioso pliu'os to s))ii\vii. 2--'7. Aiitidior iniimnl, which may be clnssoil as a special food of the fiir-aonl, is the i(|iii(l or cultlc-lish. Kvidoiico of this hns licon ohtiiiiiod at vniioim points nloiii,' the Ihilisii Cohiiiiliiiiii coast and in tiic Coinniinidor Islands, an.l of the seal stomachs opened liv ns on (lie rrih^lnH' Islands, hesidcs a very lew lisli-hor.es Mio hcaks crsrpiid were ahout (he only traces ot food fonnd. it is perhajis further wMiPnts of >tr,m;u'lis of niiiclv-oiulit vouiiij nmloa 40 Imnlinir-aTouiKls, Uio aloiO'^t univoisnl tostinionv is (o (lio olfoct tliat tlioiv stonin.'lH nro invnriably foiiinl to Ik- free from fomi. '2iM^. Witli a view (o ohlniii sucli diieet information on this subject as niiffht bo possibh\ tlie stomai-bs of sivils killoil in ^•m• prosoiH'o wore oxaminoil ; and tliou-ih the resnlts of tliese examinations, noted below, d) rot entirely conlinn tlie statement jnst reforrod to. tliey sbow a remarknhle aliscnee of fno killeil on (lio I si An^Mist in om' in-esenee. Tliesc wen' -elected from a drive niade from llie nearest part of the (ireat Northern ■Rookery. \o (be killinu' ground abont ball-a-mile distant, and bad been alxuit three iiours off the rookery before they were killed. Of these twentv yonnu' niMle<, the slomaclis jvave the foilowinir resnits ; Seventeen: no f lod ulmlever. in most a iiltle slimy matter, froth or bile, and often a few lively worms. One: a handful of small |Kdd)li's, One; a clotdf brownish blood. One: an isopod criistace.ii;. about an incli ti-b boms. 'J-M. On St. I'aul l-'knni. the :'.r.l .Vn-nsl, tin- were examined. Tlie-e were selected fnmi a drive mr.ile from Zoltoi sands to the killing' ground, a distanc- of abont •.'.'lUO feel, from whicli tb'y hail been driven early in the same mornini;'. possibly two or lin'Oe h .uis beline bein^' kill 'd. The contents of these slomiehs. in addition lo ;i few worm-^ present in many rase-^. ^' ore .'is follows: — • Sixty-live, ron'.ained notiiiniv, or, in some c.ises, a ])inch of stnd, or a small ([uantil v of slimy (n- frothy nnitter. Seventeen, contained pebbles, sometimes several, in other eases hut a sinj^lo pebble. Six, showed a rather notable quantity of bright yellow bile. Four, contained some blood, iicni'rally somewhat chann'cd in colour by the action of the agastric juices, and in one or two cases clotted. Three, contained the horny armatures or !)eaks of nquids only; one of these a smpjle beak, another two heaks, and the third three beaks. One, held some pebbles, the enr-bone of a fish (cod r), and a few pieces of broken dead .shell. One, held some pebbles and broken pieces of dead shell, wiUi n single beak of F(]uid. One, showed a very small piece of kelp only. 2:^">. From the large North Kookery on Hehring Island, ofch September, an adult male or " seacatcli," two females, and an nnweaned pup, were driven directly from the rookery ground, abont :.'no yards' distant, and killed, by permission of the authorities, for presentation by us as ^pet•imens to the Urilish Museum. The stomachs of all four were completely empty, with the exception of a few worn\s in those of the three adults. 2\dt (Mily the pup, but the (eniales, and even the old male, wer; fat and in good condition. 2'M\. Respecting the ])Ldd)les freiinently found in the stomachs of the fur-seal, it lias been suggested by .Mr. iCIlioti that these may be swallowed for the purpose of destroying the worms id'len observul. it has further been suggested that such stonea have incidentally found their wa\ iiiio t'lic seals' stonnicbs attac^hed to sea-weeds, or zoophytes eaten by the .seals; but little lan bo said in favour of this theory. The habit is one. however, not peculiar to the fur-seal. Imt connnon to most pinnipeds.* The largest id' those ])ebbles actually collected from the stonnvebs of tlie seals above noted as iniving been killed on St, Paul on the :''rd .\\igust, is a tiat stone, 1^ inch in length and 1 inch in breadth, but much larger ones have often been found. If is probable Unit individual stones do not a'* a rule renniin very long in the stonnudi ; for about one-half of those collected on this occasion were rough scorniceous fragment-i, showing little or no sign of attrinon. The other ni(;iely was more or le-t found on the Pribyloff Islands, or, if oe(!urring at all, only very exc 'iilionally as erratics carried there attached to the roots of drift trees or kelp, or brought upon lloating ice. These have, in all probability, been home by the seals theni'-elves from some distant localities. Tiie remaining and much the larger part of the collection (consists of ordinary volcanic pebbles, such as might be picked up nnywhiie on tiie beaches of the PribyiofT or the Alontian Islands. * " Monograpli of North American Pinnipeds," p. 3j4. 41 2:J7. 'Hic AU'iit foroniaii in cliiir^c of tlie rookeries on Relirinjr Tslnnd stnlcd that flie xonufi seals I»ci;an to swallow 1)c1)!)I(.'h (tlic.i al)out i'our luontlis old, after wliieli they bico'iiu' iiiin. It' correct, tliis statement wntiM appeiir to mean -lliat it is about tluj time at which the >onn^r nre weaned ihiit this lial)il is llr^! developed. He also said that, when seals of niatnic nu the islands, and which be conjectured had been picked x\\) n].on the Kamtschatka coast, in the sloinaeli of tli • seal pup examined for us by Dr. CJiinther at the Hiilish Museum, it will be noted tlml a stone was found, allhouf^li the pu]) was snpjjosed to b.e about sevenleen days old oidy. (Appendix i).) J'^!*. On several of the rookery- and haulinii-nnnmds of the I'ribyloif Islands there is to be seen a notable abimd'Uiee of small romuled pebbles, just such as those found in the stonniclis of the seals. .\s tliese lie upon the surlace, ofien far al)ove any possible aclion of the sea. aiid as tliere is no evi; due to Mr. .1. Stanley-1h-own. 230. Tl'.a blood noticed in some of the stonnichs may ])rohably be attributed to the laceration of the tongue by the teeth, or to congestion and extravasation of the nasal membranes brought about by ll'c severe ordeal of ilriviii--. !is presence in the alimentary tract is at least scarcely exi)licalile as the result of internal lesions. 2^(). In the middle of Septeml)er, when paying a last visit to the Pribylotf Isl.inds, several of the young seals of the same year, then well grown, were ol)serve(l njjon water- washed rocks, eitlier playing «ith or eating f'ronils of kelp. .Mr. .1. (I Hedpatli slated that he believed the seals actually alt' the kelp as a i)art of their food, hut from personal observation no statement eotdd be nnide to this etfect, and it is considered very doubtful. 241. Colonel J. Murray informed us that, in 18!)ti, the young seals or pups killed as food for natives on the iMbyloif Islands about the Hh and Stli N^oveniber, iiad not even at that date been weaned, but were found il' at lea-^l lifle<'n hours iVom the time at which they bad had any possible eoniiection with their nu)thers. Others, again, bad not been killeil till the following morning, enlar;:ing tiie necessary time of abstinence fiom suckling to twinly-fonr hours from tiie time ot la-t suckling. 'riies(> observations ajjpear to show that the young seals are capable of laying in a very eoi\siderable reserve 111 the way of mother's milk, and have important bearings en the general (piesliou of the lime during which the mothers mav absent themselves from tjie breeding rookeries at earlier ilates in the histnry of the youni. Perl laps tl 10 most notible a!iir(> 111 leu abstinence ;ard to this f:od (pieslion, and one d tin from food while on directly coiise()nent on tho jirelongi and about the islands, is ihc entire absence of all cxcrenunt, on the rookeries and banliiig grounds. Captain Ih'yaiil appears, h.iwever, to he ilie only author who has specially mentioned tids pa ticuiar ami strikiiit;' fa(!t. lie writes: — '•'i'ln^ fact of their rmiaining witlioiil food seems so contrary to nature, thai it Stems to me )iri per In stale smne of the evidences of it. Having bet n assured by ihe natives that i^uv\\ was llr.' fact. I deemed it of >uHicient 'mportanee to le-t it by all the al pains (o examine daily a large extent ol" means aval labk A eeoniin took I lie riiokeiy, and r.o le carefullv tlii; results of looker V are wmii Miiooth and was bed my observations. 'I'll- on til clean liy tlie s])ring-iitles, ami any discliarge oi discli 'xcremeiit could not tail to be detected. I found, in a l\^\\ instances where newly- irrived seals bad made a s'ligle diseliarge (d' red-coloured exeiemeiit, but nothing wa.-i seen afterwards to show llial sucli liix'liaiiies we"e conhnued, or any evidence that 111 animals had pailakeii id' i'ooil. 'I'liey never left the rocks except wiieii compelled by tho heat of the sun to seek the water to cotd lliem^elves. They are then absent from the laud for but a short time. I also examined the stomachs ot several bumlred young ones, killed by Ihe natives for eating, and always without finding any trace of f>,od in them. The sanu! was true r)f (he lew musing i'eiiiiiles killed for dissection. On their arrival in the spring they are very lal and iiir'. ie.dy, but when they h'live, after their I'o.u months' fast, they are very thin, being reduced to one-lmlf tiioir former weight." L'oOoJ Ci -2 rr 4A In a nolo iippcndod to tlin nltovo l)y Prol'csHor Allon, timl fionllrmnii wnios : " Hlollor stairs tliat in (lie iiuinoroiis spocinioiis lie tlissectod lio alwiivs t'ouml llu< .stomaclis i'iii|)ly, and ronimkH (liat tlK\y liOu-no food durinir the sovonil wovks tlu\v romain on land; Mr. Dull oonfimis llio siinio s(aton\t'nt in rositoctto tlie )»rosfnt .spocios, and ('ii|iliiiii.s (^ook, Weddol, and others, who have liad opportunities of ohscrvinji; Uio dilfcronl soutlicrn spocios, anirni the sanio fact in rosjjoot to tho lattor. fiord Shuldhain Ion-;' siiioo slatod tluit tho wahiis had tho siinio iiahit, ihonj^ii its actual fast soonis somewhat sliortcr tiian thoso of tlio oared seals. . .-. . 'I'liis singular i)lionon\onon of a prolractod animal fast durintiiiu' in tho onso of a single mcmher, (lie sea-olephani, (o (ho (wo aliovo-namod families. \\y some of (ho old \>ri(erstho sea-elephant wos saitl to food sparinnly, at ihis (inio, on the j^rassos ami sea-weeds tha( _!;;tow in tho vicini(y of its hroodini;' places, hut iho woi};ht of the ovidonco i • i-'spoet to this point seems (o indicalo that this species fas(s simihirly («i (ho oared seals ivi 1 walruses «lurini>; (he period it reHor(s (o (ho laud to hrinjj; fcrth its younjr."» 24JI. The fur-seals on iluan Fernandez are likewise reported, and without (|uali- lica(ion as to hox, (o ahstain from nourishment duriuf"- (ho hroedin;; season: "Toward (he end of (he mondi of . I uno these animals come on shore to hrinj^ forth their youn;;, and ronuiin (o (he end of Septomher widiont sdrring froni (he spot, and widiout (akin<> any kind of nourishmon(."t 'rhou<n<;' are ]nactically wi'aned, or, at all events, until very lalo in tho suckling season, is perhaps nioru detinito llian that given iii any otiior way. :iil ':[ \> ^ il (C.) — Phyxical Characterislics of tht> Prihyloff and Comiiiaiulfr IsIhikIs, awl X,iturt' of Ihe Breedinij (Iroiiiids. 24 1. The principal breeding jdacesof thetnr-seal oi the North Pacific at the jtresent time, are tho Pribylotf and Coniinandor Islands, and. omitting certiiiii exceptional jioriods dependent chioriyon IIk^ interiuption of natural conditions brought about by the slaughter of seals, it appears (hat (ho I'rihylol!" Islands iiave, wit!.!n historic times, boon fro luonted by larger numbers of seals than the Com i under islands. Hecent changes, depending cliieliy on tiio circumstances which have occurred in the lirst-named islands, iiavo, how- ever, at tho present time, pnnluced a nearer approach to e(|uality in numl)ers as botwooii the two groups of islands than has boon iioimal. Of otiier breeding places in tiie North Pacific still known to bo iroiiuontod by smaller nuinbeis of seals, Uobbeii Island is tho most important, but of these sonjo notes are given later. i.M."». While it has i\ot been disproved that tho fur-seal may bring forth its young 111)011 detached floating masses of the great kelp of tlie Pacilic, iiarticulaily in cases whore the gravid female hau been proventi'd from reaching tlse breeding places on sluu'o in due time, such instances, if they occur, must bo (luite excei»tional. As to tho alleged birth of u)ung at sea, the result of careful iiuiuirios of various kinds shows that if this should occur without the proseuce of any resting jilace, tlio young probably perish, for, diougli undoubtedly capable at birth, and oven if cut from tiie mother boi'oio birlli, of sviinming for a shorter or longer time, (he young is not suited at ouoe for a pelagic existence, and authentio instances in which ieiuales with recently-horn youtig have been seen at sea are very rnro. It nniy be mentioned here, however, that some of tho Itidiaiis of tho northern part of the coast of J$ritish Colutnbia aver that tliey have seen tho fouialo fur-seal swimming with its young on its baek in tho manner said to be practised by tho sea-otter, and actually observed in the cise of die hair-.seal, but this statement has not been ("ully authenticated. 2Hi. The normal habits of tho fur-seal are such as to ro([uiro a safe terrestrial • On tlie E«rcil Steals. " Hull. iMus. Comp. Zuol.," vol. ii, No. 1, iip. lUl, 102. Sec alio Scinte, Ex. Doc. Mu. 32, 4l8t Collarets, '2nd ScsiioD, p. 5. \ Quoted in United Sutcs' C«iuut Report, p. Hi. 4d of Ihii redout iit tlio houhoii (luriMi,' wliicli (ho .yoiiHK' is born, wliero tlio .yoiinfj may remain iin- tlisliirltod lor a poriotl of tinco or jossihly lour irontiw, or (ill hiioIi (inio iih tlioy may lio ahio (o assiimo (lio pola^io lialiits of Uic adiiK. !( is (licrd'oro iirimarily lor llio |nir|ioHo of •"•iviiin' l)irtli (o (hoir younii' ami sicklin'r (lioiii (hat the I'omalo I'u; soals scok Mio hroodiii;;- isluiids. At otiior soiisohm (hoy do not roquiio to land anvwlioro, and, as ii inatlor of lin'(, (hoy vory ^oMom do so. It has froquonlly boon staled ihat (ho mating:; of tlio malo and fomido nnist ho aocomplisliod on slioro, lint thoro is ani|/lo proof that this is not (ruo, an' ro(dioiios and sookin;;' (he fomalos lhoi(> al'lor (ho yonn^ij huvo hoon horn has /rrown H|) from (lii-^ or in oonnoclion uilli il. Willi many animals (ho malo liasa fmio(ioii to fnllil on (ho hroodiiii;- jilacos in iiioloclini;- I ho yomii;', hut in (hi:-; inslanoe I ho iiialos ari- noidior oallod niicn, nor do (hoy sliow any nalnrai disposidon, to oxort thomselvos in this jiarlionlar diroodon. -'47. The Commandor and rriliylolf islards, «hon oiiendont on tliis circumstance are rulinji; ones in ros|toct to tlieir fitness as breeding- i)!aces. -oO. 'riic Pribyloff yroiip ('(nisists of two ratiiiT larj^'e inlands, St. PanI and St. (icorije, separ.ited i)y a distance of abont :'>',) miles, witii two small i.slots, Walrns Isl.inil and Otter Island adjacent to 8l. PanI. Of tlie^e. Otter Island is about a mile in lens-lb, wliile Walrus l.dand is a mere ilal rock about a <[uar;er of a mile in Icn^ftli. Tile .seal ronkoiies are all situated eitlier on 8t. Paul or Si. Oeoriiv, aid tlio-e on Si. I'aul are considerably I be more important. St. P^ml fsland is about 1:5 miles in lengtb by () in breadtb. wiiile St. Oeorfre Island is about 14 miles in lengtli, by ;'' miles in greatest breadth, witii a somcwiiat inferior area. 'Jul. As alieaily stated, both are compo-ed of volcanic rocks, proba!)ly referable to (lie latest stupes of the Teitiary iieriod, and consistini; lart'ely of basalts or ba>ialt. like rocks in the iorm of nearly bori/;ontal beds, ofien distinctly columnar where broken olf in cliffs. There are, however, certain beds ol scoriaceons material which are included between those represeiilinn' oriy;inally molten nnftir. Tb^-.^e islands appear, in fact, to l.e the residt of old submarine volcanic erupliims, spr.Mdiu"' t'leir materiii in i)retty re_:;nlar la\eis u\\ thi. sea-bed, and eveuiiially risinu' ;il'ove the surfac' of (he shallow eastern plateau of Pebriii;;' Sea, either because of the mere accumulation of material, or jierhaps more probably with the aid lA' .. local e'evatory movement of somewhat later dale. Since the original time of tlieir appearaiice above the sea, their ii.argins have been worn into sea-cliffs, or beaten back to form stretches of sandy beach, by the action of the waves; but in con-equcnce of the absence of older rocks, most of the material for these beaches, as well as that of the sand dunes which characterize parts of the coast (particularly on St. Paul Islauil) is not siliceous, but is composed of the comminuted material of the local volcanic rocks. 252. The surface of St. Paul ma\ be described as consisting of rounded hills, of which ihe highest attaiv.s an elevation of about (!Ott feet, connected by flat land, much of which is but little elevated above the sea. Its .kIkuvs are not often bold though forming dill's of moderate lieighl in some places, particularly about its western end. St. '.leoi'ge is, on the uhole, considerably higher, and contains very little low or flat land. Its surface consists df liiils ar.d upland moors, and its highest parts e.\ceed !)00 feet. The sh( res if St. (>eoige are geiieially slei'p ami 'loid. and much of ils border is forineil by ditl's of consideraljle lieiglit, which conslitilc the breeding places of innumerable birds. 'J.i>'iS. .No tree or shrub occurs on eitlier i:laiid, of which the surface is covered, when not too j'ocky to supjicrt any growl'i, with :;rass and heibaceoiis vegetation, mingled with moss and liclseu on the higher parts. .Neither island affords any harbour, and it is necessary to anchor under a weather shore and to effect a landing either with an otf'-siiore wind or in calm weather. The situation of the village on St. Paul is, ho.* ever, such that a landing can generally be effected there either on one side or other of the long soutli-westeriy-e.xteu'.ling jieniusula terminating in IJeef Point. 2o4. The breeding rookeiies and hauling-gr.unds (or tracts whicli iiie l,achelors ami other seals not actually engaged in breeding fre(|uent'l are, of course, contined to the immediate vicinity of the coast-line on both i-linds. The seals seldom land and never remain on Walrus Island, and thougii in foni.er year.s many are said to have hauled out on Otter Island, and some still do so, Ibis is not Known to have been occupied as a breedin"' station. -00. -Ml the existing breeding rookeries on St Paui and St. George Islands were vi.siti(l and examined by us during our first visit to the islands about the end of. Inly, and some ot tlieiii were subsetiuently re-e.xamined on our second and thinl visits in the months of .\ngust and Seideinber ic-peelively, for the purpose of noting the changes in the (ti.striliutioii ai;d I abils of tlie seaU at various seasons. So much has, however, already betu \Milleii in ilestriiition of the topography of the various rookery grounds, particularly by Mr. 11. W. I']iliott, that it is not here necessary to enter into anj- minirte description arated by a small bay ,vith sandy beach, upon which the 4- [sliviids arc ■ u:> means riilinj? ones Paul and jts, Walrus it a mile in in leni;tli. I tlioe o)\ '\ iiiiks in l)y ;■ miles L'tVralile t<) 1)11 salt-like lirokeii oil" re incliuled . in tact, to in i)relty (he shallow f material, L'wliat hifer rgins have the action naterial for f the coast omminuted ed hills, of land, much old though est era end. >r flat land. iiOO feet. is formed imunerahle ercd, wiien ng-led with , and it is with an s, ho iv ever, ther of the seals do not remain. The rookery ffroiind of Imth parls faces (o the south-east, and consists of rather regular slopes rising from the edi^e of the sea, an I u\:ly, though in scnne places — and particularly in the immediate vicinity of Hutchinson Hill— it is much wider than in others. Nearly all this length of shore is strewn thickly with rocky f'ra'nnent.s, which as far as the highest tides reach are usually w.ll rounded, but farther back are still angular or sub-angular. Between Hutchinson Hill and the sea, there is a con- siderable width of rock-strewn flat land resembling that of the south-east side of Keef Point, and coinciding with the most important portion of the rookery. '2,'>~. On St. (U'orge's Island there are now five jccognized rookery grounds, four on the northern coast and one in Zapadnie Pay on the soulhern coast: — (i.) Ziipadnii; Ruokcn/. — Tliis breeding ground is more or less perfectly divided into two parts, one lot of seals occupying a rough boiddery tint immediately back of the beach, another the slope of a hill a little further to the south. (ii.) IStani) Arleel Rookenj. - The ground here oocujiied by the breeding seals is a particularly steep slope, which (aces to the eastward and is broken off at one side, to the north, by the shore cliff, which prevents the seals when they land from reachino- the breeding grounds directly. (iii.) ISorlh ^onkertj. — TJ]is is t|ie iflost impor^i)t breeding ground on St. George T I' i ' m ! 4n Taliintl, and iiro/»uliiil\ occupies nonrly a mile of tlie slime, ft is stipposcd to contain al)i)ut linlf lilt' entire nuinlier of se.ils rcsditiiifj li> this i>liin(l. 'I'lie shore is hero eliarneterizeil by low irrei;;iilar elill's, with ocensioiuil breiiks which allord iiecess to the low plateau above. Most of the biecdiiifj seals are, liowoxer, strims" aloiii!; not far from the sea, and gather into Inr^jcr fjroiiiis wjierever the width of the lower roeky shore is {Ijreatest. (iv.) L-'ttle Eaatern Honkery is comiiaintively small, and oeeiipies a piece of shore not unlike that of many parts of North Itookery. (v.) Great Kaslrrn Rnukrrti. — This rookery sjireads at its western end part-way u)» the slopes of a steep and somewhat rocky hill, while its eastern end runs alonjjf the base of llie rather high cliH's, on a very rough and rocky beach forming there a narrow strip just above the wash of the sea. L'58. An examination of the various rookeries on the I'ribylolf Islands alone, is sufficient to show that the seals me by no means exacting in regard to the preciso character of the ground occupied. They do not require a soutlii-in or a iiorlhern aspfot, and the statement that they land naturally upon the first ]»art of the coast reached on their course from south to north is contradicted by the position of most of the rookeries of St. CJcorge Island. Nor do they ap])ear to seek specially either sheltered or exposed situations, though most of the rookery sites arc of the latter character. Their breeding ground may be nearly flat, or very stoe]dv inclined, and on it they may be exposed to the driving spray from the waves or removed to some distance irom the sea and at some height above it. The feature most peculiar to the rookery grounds, and coninion to most of them, is the profusion of detached angular masses of rock, which de])ciuls upon the case with which the Imsultic rocks of the IViliylotI' Islands break up into such blocks under the local climatic inliuences. IJiit this cannot be assumed to be an essential requirement of the seals, for they are found to be c;Ii Uit'in to the Hon. 'I'lic «roator jmrt of tlio islnnd is romi)osed. so fur an cxaniinod, and also on tlio autliority of M. (Jrohnitsky, of well stratified Tertiary rocks, ^••eiieiall)' shales and sandstones, hut Imsalts and volcanic hrceeias appear upon some jiarts of the coast, and f;enernll.y from the prt>jeetinfj reefs and roeks. There are no harhonrs, hut a fair anclioraed sen eliirs, iiarticnlarly along tlie south-eastern side. Tlie Hhore-line of this side is sinuous, hut that of the north-east side is hr.iken, and comprises t-everal cousiderahle hays, hut no good liarl)our8 for large vessels. 'I'iiere are three small settlements on the coast: (Jlinka, Karehelny, and Preohajenski, the last-named heing the most northern, and the only one continuously occupied at otlier seasons than the time of .'.eaiiug. The highest parts of Copper Island prohahly attain an v'levi.lioii of .1,000 feet. 201. Along the shores of hoth of these islands there arc extensive fields of kelp, hut these are not more notahle than those to he found in similar situations in tlio Aleutian, Prihyloff, and other islands of the southern part of lU-liring Sea or along the Alaskan and Ihilish Columhinn coasts,— a fact which is perhaps worthy (.f note in connection with ftatemeuts which have hccn made as to the pcmliar suilahility of these islands to the graminivorous and now (.-xtinct Khytina, as well as from its possihle hearings on the hahitats of the fur-seal. '205. Upon Hehring Island the fur-soals are killed in the immediate vicinity of (he two rookeries, where suit-houses are cstahlisl.cd. On Cojjpcr I.-iland, the rookeries, situutcl on the south-west coast, are classitied under two groups, from one of which the seals are driven across to Karcbelny and from the other to (Jlinka for slaughter, this heing supposed to he necessary owing to the rough character of the coast where they are actually situated. 20(1. Further evidence of the adai)tahility of the seals to ciicumstances is found in comparing the physical character of the rookeries on the Commander Islands witii those of the rrihyloff Islands. On Bciiring Island, the North Rookery, situated at Viisliin Point, towards the western part of the north coast of the island, is the largest. It occupies a flat stretch of rocky reef, which runs seaward in a triangular form, with its wide hase against the land and a length ff ahout a quarter of a mile. The surface of the reef is irregular, and much of it stands ahore high-water mark, though in heavy gales few parts of it can escape the more or less direct wash of the surf. To the west of the reef proper, and connected with it, is a wide dry beach or bar of sand, which is also occupied by seals, but chiefly by holluschickic or bachelors. On tlio landward side, the reef is overlooked by low rocky banks overgrown by rank grasses and weeds, and between these and the reef jiroper are some small irregular grassy flats and pools of salt water. Here the seals never go, though there is no ajjparent reason why tiiis upper plateau might not be used as a haul.ng-ground or "parade," which would resemble several of those adjacent to rookeries on the Pribyloif Islands. 2o7. The South Kookery on ndiring Island, situated at Poludcnni Point, on the south-west side of the island and about midway in its length, was not visited by us. It is, however, much smaller than the last, and is described as presenting very similar characters, In both cases there is ample room for expansion of the rookery ground without breaking its continuity. 20?<. On Copper Island, the cicumstances are again quite ditferent. The rookeries and hnuling-grounds arc heie scattered along about 15 miles of the south-east coast, extending from about the middle of tiie island to its southern end. All the rookeries are small ; and though distinguished Ijy various local names they are not well defined, but are connected by irregular scattered colonies of breeding seals strung along the narrower and less favourable parts of the shore. The wliole shore is bordered by high irregular cliffs, here and there broken by ravines, or by more moderate though always steep and rough rocky and grassy slopes. I'lat rocky reefs run out irregularly from the sho'c below, with abundance of rocks awash and large fields of kelp. Opposite the breaks iu {,305j JJ ^\ I- II li' ll 11 i m 48 llic din's nro hoiililcry or ffinvolly hayn, iind liotli llionc nnil tlio larger urcns of roof arc irri'fjiilnrlv Dcciipiotl \iy tlu' Honls. At I'nlatii Point, lu'iir tlie soiitlicrn extremity of tlii; islni'.d, the seiils oi( iipy ii .sleep slope of ointliy ap|)o.iraneo, wliieli they have completely Imred of vef?etniion to a ilislaiu'C estimated at IftO to 200 ynrils hack from the shore, niul a hei;;lit of, si\y, L'OO feet. Tlii» rookery in its general ehnraetcr more closely resemhles Starry Arteel than any other of the Pril)yloff Islands. It is distinctively ii lircedin"' rookery, as no holluseliiekie. it is said, ever liaul ont near it. 200. On ('op|)er Island, lionever, as on Ueliring Fsland, M, 'rillman, the Superin- tendent in eliiirne for lh(> Hiissian (Sovernment, atale.s that even when the seals were more aliinidant than in 1S(M, there ha;, never heen any lack of room forcxpansion of the rookeries and hauling groinids, and that there are many other localities in all respects e(pially .veil suited for occupation hy the seals, though the>e usually occupy the same or nearly the same sliitions year alter year. It is tlms evident on the ronimander as on the Prihyloir Islands, that no very special or peculiar physical features are required to render certain spots suitaldc as Ihc hreeding resorts of the fur-seal. It is necessary to einphasijre this point, as the (jueslmn has been obscured by a tendency to surround it Willi a certain niysleiy, and to alTiiin that certain spots, and those alone, are uvailahle ns rookery grounds. 270. The fact remains to be cxjihiined, however, that the hreeding seals actually do resort witii great persistency to Ihe various recognized rookeries, congregating in tlicse spots and leaving other neighbouring parts of the shores of the bleeding islands uiw tenanted. '! lure is indeed some evidence to show that the siinic old bulls or"heni'li- niasters " tVoni year to year occupy the same places, and it is (juite jirobable that tiie instinct which imhiees many animals to return to the same place in succeeding seasons, may inlluence Ihe fur-seal. There is, however, another and very obvious practical cause for the reoccupation of old r.iokery grounds. As a rule, these extend .some distance beyond the reach of the sea, and are there hy the coiytinuous presence and movement of the seals not only bared of vegetation, but beaten down into smooth and hard fluts and slopes, and therefore constitute as long as they are occupied each year, and from this very caus-e, the places most congenial to the .seals. The fact that the first of the seals to arrive in the spring, coast along Ihe shores and land for a tinie in a timid and tentative way only, shows that Ihey are in search either of their old hreeding stations or of suitable new ones, and there can be no doubt that they are largely guided in their choice by the very manifest traces of former occupation by their species which i'"^ rookery sites jHesent. 271. Not the least evident of these signs is the peculiar nud very di.stinet odour of the rooktry grounds. It is certain that the sense of smell is more trusted in hy the fur-se;il iis an indication of danger than either that of sight or hearing (the eye anideral)Ie area of ground in any particular locality may come to bear traces, in polished rock surfaces and otherwise, of the ])resence of seals, in consoipience of the natural o>cilliitions of the whole body ot animals which have occiii red in the course of many generations of sosil life. 273. It is unfortunate that no such precise or consecutive observations have been made, with Ihe aid of plans, measurements, and fixed marks, as to enable the changes in rookery- and hanling-grounds to he followed out from year to year, either on the PrihylofT or Comniander Islands. It will be sufficient, however, to refer to a few known I fad 1 On 1 pro toi % fact % the $ the •i tho i at 1 '1 nal ^ toll f mil) u rect Hoc ent 10 fnctn wliicli nre itnlcpoHclont of very dose obsorvatiDii, I) it bear on tlie ixiiiit in tli^cnssion One of those is the remarknhlc differences noted in vnrioiis years lietween tiie relative proportion of seals visiting the two islanils, St. Paul ainl St. (ieor^e. These are referioil to in conneetion with the liistorieal notes on tlio>e islands. Of tlie same pmp'rt is the fact tiittl two rookeries existed within historical times at a place called Maronniieh, on the north coast of St. Paul, which even maintained their position in a reijuccil form in the season of great scarcity of seals in \HW, hut which have since ahsidutely disappeared, thoiij{li there is no reason to suppose tiiat they were nt any time heavily drawn upon, if at all disturhed by man. Elli. tl states that in \^7'J "4, «hen at the luomptiiin- of the natives he examined this shore, he was still able to trace the old limits of these rookeries tolerably well by the polished edi;es of the rocks,* Another, thoujfb never larf;e, rookery, named Nah-speel, situated near the villaj;*; on .'. An examination ol' the shm-es of the Pribylolf Islands, shows that statem.'uts wiiich have occasionally bi-en made, to the eifect tliut all ground available for the |inr|)o-es of seal life has been fully occupied within historic times, are incorrect, and that the most extended limits of even temporary occupation indicated by any marks still remaining, do not prove that the area available and suitable for breeding rookeries ant' hauling grounds has ever been occupied up to its full capacity. From this it follows, that even if restiicti-d tor breeding purposes to these parlieuhvr islands, the fur-seal has never reached its natural limit in numbers in conse(|nence of a want of space for l.'vccding gromid but only as ilie result of other cau.scs, 27'^ Asaf'utl'jr result of the examii.ation of the physical characteristics of the rookery griunuls, it may be staled that the necessary conditions, and even the most favomaljle conditions, arc by no means eonlined to the Pribuotf and Commander Islands, wide rocky beaclies overlooked l)y sea-clitis, ami witii ail the cliuracteristics of those of Copper Island, arc found on many of the islanils of the^^leutian ehaip., and though low plateaux bordering the shores, or gentle slopes rising from the beaclies are not so common, there are plenty of them to be found in ditl'erent parts .d' tliis great series of islands, some ot which, as for instance the Semitclii islands, almos; precisely resemble St. I'aul in physical characters. Again, on St. Matthew and Hall islands, localities well suited for breeding places of the fur-seal occur, but as already indicatcv!. the inhabited character of the Aleutian chain, and the long continuance of ice about the St. Matthew Islands probably explain the absence of rookeries in these places. (I).)- Annual Proyrens of Kients in Seul Life on the BreedUia Inlands. 277. In order to f»)llow out the various questions connected with the life history of the fur-seal, it is necessary to bear in mind the main points involved in that important part of each year during which it resorts to the breeding is'ands. A summary of the iacts in this connection will be given here. So far as regards the Pribyloff Islands, the fullest details under this head may be found in tiio works of several writers, particularly in those of Bryant, Elliott, anil Maynard. There is very little room for difference oi' opinion as to the main facts, and most of the points in which divergence is found may be c\[dained by the tendency to give too rigid dates and too precise an aspect to the various events and changes ; or to the circumstance that with the growing depletion of males upon the islands and its attendant results, the dates and habits formerly observed by the seals have also, to some extent, changed from year to year. It will be sufficient to give a general and very brief resume of the pritieipal events of tlic breeding season based chielly on the combined observations of the writers above cited, and afterwards to refer ii; somewhat greater detail to a few important points connected with these and with the general organization of seal life on the islands. 27S. The first seals to arrive at the islands in spring are the full-grown males or • Uniloi) Stutrs' Census Rcimif, pp. 49, 5!). f- Jbil n 5>, X U.iiU.I Stales' CoBBUS Ill-port, p. bti. \Vn«n Lulk6 visited the islnmU in 1827, nlioiit 1,000 sea-lions were kiileil Mcli year on St. George, and 300 or 400 on St. Paul; but fur-jieals were alio abundant on both. " Voyage Aiitour du Monde, tome i, p. 1265. [306] H 2 FT !i >. ' I' 'wrii I Ml ^1 i' ■ Jii I'Sli I 4 8 Jfc 50 "bulls "of r.bont six yenis < Id and upwards. .A few stinftf^leis sometimes reach tlic i>liiiuls iis early as the middl-.' of April, and fioiii I'bout the 1st May to the lOtb or lotl) Jnnc tlicy eontinne to arri< j, but in much buijer nunibers towards tlic latter part ot this period. On arrival, these lull-grown males, jvcnerally known as •' beachmastcrs," or " scecatchie," take u)) statiens on the old rooker. grounds to await the coming of the females. With the main body of full-grown bulls a large proportion of the "bachelors," or younger males, also appear. L'7I). The time of arrival and landing of the gravid females appears to depend directly on the approaching close of tiieir period of ge-tation. A few usually land as early as the 1st .lune, but it is, under nornml civi'iinistaiicos, between the middle of June and tlie middle of .July that the great liody of feiimi's cunie ashore, and at or about the .«ame time most of the yearlings of both se.xes, or such of them as resort to the islands, also generally arrive, thou.ah it appears that in some years, at least, tiie main body of seals of this class lands somewhat later. On landing, the fomales, or "cows," arc taken possession of by the old bulls, and very soon after landing the young are born. Within a iew days the females arc again 111 lioat and under normal circumstances, with an adequate supply of virile males, the female is at once served. The landing of gravid females does not usually cease till iibout the kOtii or 25tli July, and in certain years has been continued much later by females which have evidently been served unusually late in the previous season. 280. vMl this time the bulls jealously keep the females they hav , secured within the boundaries of their ])articidar harems, but about the end of July, or early in August, the breeding rookeries begin in lose their compact character. The beach-masters, or many of them, return to the sea, ;m- haul out here or there on the beaches, while younger males crowd upon the rookeries, and the females continue going and coming between the sea and their young on shore. Hefyre the middle of A'lgust a large ])roportion of the females are at all times to bo found swimming and disporting themselves in the water clo!.c to the rooker}' ground, and the young eollccl in masses .ilong the edges of the shore and rocks, from which thev make short excursions into the sea. 2S1. About the mi(I*3. The seals resorting to tlie Commaniier Islands, wln-h belong, at least in the nniin, to a dilferent migration-area, and roach the islands i'rani the soutli-westward, are thought l.'y those ac(|uainted villi ])otli tiuse and the l*ri!)yl()ff Islands to be somewhat later in the date of tlioir arrival than thoso ot the latter islands. It h, stated that here as on the I'ribylotf Inlands the seals have been later '.\\:va usual in coming in recent yenrs. In Ifc'Jl, we found the '-stagey " season 'mis just Ijeginjiug on the (^mmnnder Islands on the Isl September. The first killing of seals took place cm Co|)per Island in the same year on the 22nd Jmie. Generally speaking, some seals can be found to kill on this i.sland (in which the dates are shglitly in advance i)f tliose in Ikdning Island) as earlv as the 1st June. 1 /" (E.) — Afjei^ at which Males reach Virility, and the Females produce Young. 284. The ages at wliieh tiie male and female seals respectively reach maturity and become able to take part in the i)rocreation of their si)ecies, as well r::; *he numi)er of years during which the male remains virile iuid the fenntle fertile, arc 4uestn)ns of very practical importance from two points of view. In the first place, tlu^ enable us to trace out the eH'ect of the killing of seals of siiecial ages or sexes at certain times, and, in tiio second, to estimate the time necessary for any improvement iu numbers to follow liora the 8" --.ig of the younger seals on the rookeries. 51 reach the lie 10th or Iter part ot hmnsters," ling of the helors," or to (Icpeiul illy land as lie of June ■ about the the islanils, in body of 1 bulls, and I are again males, the le iOth or wliich have witliin the in August, masters, or ile younger etweon tlie ion of the water cloie ! shore and loff Islands f hair and about six arc ever cfiiiitc and d the seals >ldest and , have left the year, few seals, ?cii known ist in the Iward, are somewhat that here in recent immander Island in to kill on siand) as iirity and iuml)er of s (if \i'ry s to trace id, in tile How I'rora 2S5. Vcniaminov nrrivetl nt the conclusion tliat the fc.nale gives birth to its fii t vo-.ii)g ill its fifth year, and bases a somewliat iiitiieate and ingenious series of calculations partly on this supposition.* but there is now a very aeneral consensus of opinion among ijiose nho have studied this question on tiie I'libylotf Islands to thieft'ect that the females iue covered at or ^iiortly after the expiry of the second year fit)ni the time of their birth, and bear young in the lliird year from ihrt (imc or early in the fourth year of their age. The same opinion was found lo 1)0 helt both males aud I'emales eonlinue to perform their functions as breeders for a considerable number of years. L'fti*. From uliat ii.is been .'-aid as to the number of years required by the respective sexes to reach maturity, ll follows that any great loss of young in the year of their birth can only begin to make itselt apparent on the rookeries, in the case of females, after the lapse of thiec years, and in the case of males after five or si\ years. Thus in the event of the killing of all or ncaily all the ycung males of a certain age, in any one year or series of years, a void of smaller or larger dimensions is created in the supjily of full- groMU mahs for the rookery grounds, wiiicli can only be partially bridged by the ciinlinuance on ilie rookeries of (lie older and enfeebled males, which have passed their r.atuial term of retirement. If such killing is maintained from year to year, the deteriiiration in '.he supply of \iiile males for the requiiements of the temale.s, thounh ,sl(iw and ^pread over several or many years, must be continuous. Moreover, the loweiing .)f the standard weight ot skins which has actually occurred in late ye.'.rs on the Pribylolf Islands, iiecause of the scarcity of males of 'd or 4 years of age and which permits the killing to cmhrace those of i' years old aud even yearlings, is tlie most effectual nicliiod jiossihle of cutting off the supply ot virile males at the founlain head, and of enlarging the void in male seal life to aliirming proportions. L'UU. Details of this kind, with their observed effects on seal life, arc citeil in abstract in the histinical n(;tes elsewhere given (§ t^lO ct seg.), but it is impossible to adecpiately represent in summarized form the whole of the facts bearing (m this point. Captain Bryant's observations, as quoted by Allen, should be referred to.§ 2i)l. The diminution which has culminated in kte years on the I'ribyloff Islands recalls the criticism made by Lutke, when he visited Ihc-se islands in 1827. Lutke writes : — " lja precaution dc separer les gros males d'avec ceux qui doivcnl clre t tie's, est ut'cei-saire pour entietenir i,i niultiplicatioii ; mais cettc precaution est-clle suHisantc pour cehi ? Hi tons les jeunes sont extcrmine's, d'ou sortiront a la fin les gros males V • Quoted liy Kllioll in I'liildl ,St '.ti-.' CiMisiia Iteiioit, p. 141 et seq, f " .MoiiO(!r;\pli of Nditli Aiiiiricsii l'iiir.i|)td8," p. 407. :|: (.hiDti'd liy Fliiott ill IJiiiteii Sliiiei' Ceiitua Hcport, p. 141. } " Monograph of North .American I'iuniped*,'' p. ;i98 *t «/> 1^ mi (I I 1 W: 52 Les chasseurs cxpt'riiiicntOs ont ((hscrvc que les ours nmrins vlvent do qiiinze ii viriijl ans ; il en resultc (ju'avcc cette iiie'thodc dans vinajt ans il no doit plus roster iin senl."« (F.) — Reqitisiff proporHonx of Sexes, 202. Though each full-grown male or *'seacatch" lioldin"' his place on the rookeiy firound endeavours to obtain and keep nliout him as many females as possible, llierc is a limit to the number wliicli may he advantageously luld by a sinjj^le male, and wlien adult males are found in abundance, it is not easy to ])ass this normal limit ; but, ,'V The proper i)roportion of adult males to females cannot be ascertained by inspection of the I'ribylotf rookeries as t'.uy are at present, because of the obvious and generally acknowledged detlciency of virile male** ; but in the earlier years of the control of these islands by the TTnited States, Bryant estimated the existing proportion as about one male to fifteen females, or, as indicated by other statements by the same writer, as om.' to nine or twelvcf Elliott, a few years later, and siilise(iuent to the date of certain changes in organization of the seals described by Bryant, writes: — "I found it an exceedingly difficult matter to satisfy myself as to a fair general average number of cows to each bull on the rookery ; but, after protracted study, I thiidc it will be nearly correct when f assign to each male a general ratio of from fifteen to twenty females at the stations nearest the water, and from there back in order from that line to the rear from five to twelve."* M. Grebnitsky, Superintendent of the Commander Islands, as the result of his prolonged experience, states that the proportion of one adult male to ten females should not, as a rule, he overpassed, and that one to twenty nuxy be considered as a maximum limit, Captain Blair, long familiar with the fur-seals of the Asiatic coast, infor.ned us, in s))ealung of l^ohben fsland, that the nuinher of males now existing there, viz., one adult male to twenty-five females, was far too small. Lieutenant Maynard, again, sa^s : " 'fhe !>'.dls are polygamous, having from live to twenty cows each ; so that the nmnber of them upon the rookeiies is not more than on'>-teuth of that of the cows.v; iMIt. It may thus he very safely as.sumed that the ratio of virile males of full age, caimot be allowed to exceed the proportion of one to twenty, without serious danger of harm to the breeding rookeries, and the certainty of grave irregularities cm iheni; and it is necessary to bear this fact in mind in endeavouring to appreciate the meaning of the present condition of the rookeries of the Pribyloff Islands, where, as elsewhere pointed out, these conditions have, for a number of years, not been realized. ^ h I :i^ '^G.) — Coition. 295. An erroneous statement concerning the manner of life of the fur-seal, which lias important bearings in various ways, but which has naturally arisen and has been as naturally maintained in consei]uence of the too exclusive attention paid by most writers on this subject to the bleeding islands, is that the fecundation of the female is. and can only be, accomplished on shore. Bryant has, however, distinctly stated that copulation very often occurs in the water, and in the description of seal life prepared by him for Professor Allen, he adds; "When there was a full upply of breeding males copulation occurred mainly on the breeding grounds, the half-bulls (or reserves) participating to only a limited extent, and was raiely seen to occur in the water. Since ISJt, owing to the decrease in the number of breeding mahs, a much larger proportion of the fennilcs receive the males in the water, so 'hat (in any still day after the 20tli duly, by taking a canoe and going a little otf shore, tonsideiable numbers may be seen pairing aid readily approached so near as to be fully observed. || In wnother place the same gentleman is • Liitke " Voyiige luitoiir u .MoiiiU'," toiiic i, ■,), UCil. + " AloiiDjirapli of N.jiili rtiiu'in: in I'mnipfiis." pj), 385, IlOO, J IJniteil iSlnlfs' Census Ucporl, p. HG. j M.iyiiaril's llepiiit, Kx. D'jc. No. 4!, -f-llli CoJigrcKS, 1st Session, p. 3. This pasmige is iiicorrccily quulnl by Elliott in iiis Census Kcport, wlicic Mnynnrd is nmdt to stnte that the seals liavo cnch from twenty to fifty cons. II Seimic, Kx. Doc. No. 32, 41tt Congreas, 2nil Session, p. 5, " Monograph of Norlli American Pinnipotls," pp. 3S5, 405. even move precise, writing' : " 0«inff to the position of the geiiitnl organs, however, coitinn on land seems not to be tlie natural method, and only rarelj~])erhapH in tliree cases out ,)f ten is (lie attempt to fopulate undorsucli circumstances effectual.'' Mr. W. H. Dall, ngiiin, in a manii.'icniit note supplii-d to Trofessor Allen, says : " They [the females] sicc'i) in the water, lying on theii sides, with tlic two dippers [of the upper side] out of tiie «aicr, and receive tlic male in the same position."* L"J. It, nevertheless, appears to be quite possible that, under exceptional circum- stances, the female might succeed in tearing her young while only occasionally resorting to the land and while moving from place to phice. There is no reason to believe that the fur-seal is kss adajjlable in this respect than the hair seals, and of one of the latter (I'loio viiiiHiw) Professor .(Mien quotes Mr. John Cardeauxto the following cfTect : "The female has one young in the year ; and, as these banks [upon wliich they breed] are covered at flood, the cub, when born, must make an early acquaintance with the water."t One of the anlhnrs of this Report lias, moreover, seen the same species (l7th June, 187H) in the soutl crn jiart of the Queen C'harlotte Islands, breeding upon tidal rocks, from wiiicb, when alaimed, the mothers took to the sea, each carrying her young upon her back, the heads of the niolber and young seal coming to the surface simultaneously al each rise. Upim Indian aulhority, the same habit lias been, as elsewhere noted, observed in the case of the f'ur-seai. aOO. The date at which the young normally I)egin to swim has, however, like many others, been given an altogether undue fiNity and precision. Thus hjlliott states that by the 8th or 10th August the imps born nearest to tiie water first begin to learn to swim ;J: and Ihyant gives the 'JOtii August as the date at which they first take to tiie water ;§ while as larly as the L^Sth July, in 1891, great numbers of pups were actually observed by ns to be swimming along the edges of tlie rookery grounds and climbing in and out over the rocks, and this in spite of the fact that it is acknowledged that the seals now arrive at tiie islands at dates later than they did in former years. On the 11th September two pups were even seen swimming and alone at distances of 40 and 70 miles respectively to the westward of the Pribyloft Islands. 301. As a rule, but a single pup is produced at a birth, and, th(nigh this rule is not without exceptions, it may bo used in any estimates of the natural rate of increase of the seals. Maynard admits that occasioiial cases of twins have been recognized on the Pribjdoff Islands, notwithstanding the difliculty of arriving at certainty as to such a matter under the circumstances which there obtain. The Haidas and the Tsiiimsi.tns state that they have i'requently found two unborn pups in a female seal >vhen killed, though a single pup is mucli more cominon. Chief Kdensaw, many years ago, saw a feumle in the act of giving birth on IJose Spit, Queen Charlotte Islands; one pup had been born, and when he killed the mother he found another still unborn. .'502. It is perhaps further worth noting, in this connection, that those most familiar • " bull. ,Mii8. Conip. Zool , " vol. i. I'nrl I, p. 100. f " MiPiiojjrjpli of \()rtli AnioriiMii I'inniiic'ls," p. 591. J Uncleil Suites' Ci'iisiis licpjr , pp 40, 4'.'. § " Muiiugraph of Xoitli Ameriiun I'imiipeds," p. 387, 54 witli tlic closely nlHcil fiir-senl of the South African Coast state that, as a rule, two pups are produceil at a l)irth ; while on the Austialian coast it is said that the female generally hrinji's forth a single pup, sometimes two.* (I.) — Dintiinccx lo uliicli Seals (JO from the IhrcdiiKj f.sluiiils in search of Food, and Times of Fvediiiij. 303. The feeding Imhits of the seals, and the distances to which seals engaged in l)reeding on the islands may he supposed to go for food, as well as tlic period of the hreeding season at which excursions in search of food hegin to he made, are iniportanl hecause of their direct lieiiing on tlic limits of protection which mig t appropriately lie accorded about the islands at the i)recding season, 304. The full-grown hulls, or hearhmasters. holding stations -(m and to the close of the rutting period without seeking food. 'I'lie young again, horn in any particular season, are not weaned, or not fully WL-ancd. nor do they, under normal cin'umslancc-i. leave llie immei" shores till the time of iheir iinal departure. liatc viciiutv of tin u. It is thus the classes of hnclielor and female seals that can. under anv circumstimces, he found leaving the islands in search of food during the hreeding season. Of the females, the yearlings associate with the hachelors. Some of tiie two-year-olds niav seek the vicinity of the rookery-grounds for the purpose of meeting the males, hut )r()i)al) ly th> lev do not Ion' remain there, while it is helieved that mo-t of them arc covered at sea. iiarren females, again, whether without young IV om ai e. from an insuf- iiciencv o t mai or inelficient service, are not in any way pernumeutly attached to the islands at this time. 300. The remaining — and. at the time in (iuesti(m. most important -class is that )f the breed eilm leiiuUes. liese. soiiu- time after tlie hirth of tl vonn"' and ti subsequent copulation with the male, begin to leave the rookery-ground and seek the water. Tlii they are ahh* to do because of the lessened interest of the heachmasteis in them, and more particularly after many of the heachmasters themselves begin to leave their stands. Thus, by about the middle of August. pr(d)ably only oni;-lialf o!' tlie females, or even less, are to be seen at any one time on the rookeries. Snegiloff. the native foreman iv. charge of the rookeries on nehring Island. ex\)ressed the opinion that the females tirst leave their young and begin to frciiucnt the water about a month after the birth of the ycmng. Bryant says alxnit six weeks. f Otiier autlioiities arc less detinite on this point, but, according to observations made by ourselves, the mothers and young were iiresent on the Pribylolf rookeries in approximately equal numbers in the last da\s the third week of August, the young largelv sanu' rooKcru" of July, while, on the outnumbered the mothers present at any one time, and, in so far as could be ascertaiuci hy observation, the fenndes were ilisporting themsi'lves in the sea off the fronts of the rookeries. 3U7. it is very generally assumed that the female, on tiuis beginning to leave the rookery-grounil. at once resumes her habit of engaging in the active (|uest for food, and though tliis wouhl ajijjcar to be only natural. ])ar( iculailv 111 view of tl e extra driiiii produced by the demands of the young, it must be remembered that, with scarcely any uxce|)tion. the stomachs of even the i)achehir seals killed upon the islands are found void of food, and that enminon abstinence seals resorting to the islands seem, in a gieal degree to si laie in a While, therefore, it mav hi' i oiisnk'reil certain that after a cerlMi jieriod, the I'emales begin to seek such ood as can be obtained, the absence of excie- iiientilious nnitter on the rookery grounds, elsewhere referred to. shows that this canmil occur till towards the close of the breeiling season. It may, further, be stated, that theic is a very general belief among the natives, both on the I'ribylod and Commander islands. to the elfeet that the females do not leave the land to feed while engaged in suckliiiu their young, and that neither of the two females killed in our presence for natural history purposes on I'eliring Island, on the ;")lii September, had any trace of food in tli.' stomach, though killed within a fev\ yards of the rookery from which they bad just been driven. Also bearing on tln^ sanu> ])oint is the staleinent made in a memorandum received from Her Majesty's Minister at 'J'likin. based on information obtaiui'd from a gcntlcniMii v conveisaiit with (In- habits iind haunts of the fur-seal of the western side of th • full Korth Pacilic, as f(dlows : '"It is scmietiines stated that the hreeding cows are in the • " Pruilromiis ol ilie /ocilonv of Viclci t Stiialo, V,\. Hoc. N(;. oj, -llil (,"oiiHi'i"S> ?iiil >3i's» >• s,,- |-. .M.Uov. r U .S., n.caUe VIM, p. e native foreman on Bebring Island, thinks, on the contrary, that the females may leave their young for several days, and may go ns far as 10 miles from land to feed. 313. So fur ns the facts actually observ ' in 1891 go, it is apparent that there is always a considerable number of seals swinminig, playing, or sleeping at sea opposite each of the rookery grounds, and that these in August consist largely of females, while in September great numbers of pups are to be found in addition. When extensive kelp beds exist off the rookeries, the main body of seals is generally seen inside the kelp, and at a distance of half-a-mile or so from shore comparatively few seals are seen ; while at two or three miles seaward from the rookery tliere is no notable abundance of seals, and if sailing round the breeding islands in a fog, at a distance of four miles from the shore, it would be difficult for the closest observer (apart from otlier indications) to decide when he had passed abreast of a rookery. 814. It is, however, certain, from statements obtained, that females with milk are occasionally killed at sea by the pelagic sealers, and though it is possible that these are mothers which have ileserted the islands in ccmsequence of having been driven up to the killing grounds with the iioUuschickie, or because of some other cause of disturbance, such as the death of their young, it is highly' probable that in the later summer and autumn the distance to which the females go from the breeding places becomes gradually increased. It is, nevertheless, scarcely credible that, under any circumstances, the females engaged in feeding their young can navigate to great distances from the islands on erratic courses, and subsequently return punctually and without fail to their rookeries ; and any assumption made on this basis must be regarded as requiring proof of a character very different to that so far advc-oed by those holding such a belief. 315. it may be added h..re, as the result of personal observations as well as of those already published, that the seals tend to leave the rookeries and hauling grounds for the sea in large numbers when incommoded on shore by too great heat or by heavy rain, and, further, that after stormy weather, characterized by heavy wind and surf, there is generally an increased and marked exodus from the shore. 316. Singularly enough, the greatest diversity of opinion was found to prevail, even among those who ought to be best informed on this subject, as to whether the seals leave the land for feeding or other purposes most commonly by day or by night. This difference of opinion obtained not only ann)ng the Whites, but also among the natives, and it is found both in the Pribyloff and Commander Islands. Some maintain that the female seal returns to shore every night, others that most of them leave the shore at this time, and, taking all opinions into consideration, the only conclusion that can be arrived at is that the seals go and come at all times. Certainly, there is no particular period of rest upon 09 tlie rookeries themselves during the breeding Mcason, for they are as noisy during the ni^lit as bj day. Judging from observations made while at anchor near the rookery grounds of St. Paul and St. George, it would appear thiit the seals are more abundant in the water during the night, wlien they often surrounded the vessel in great numbers. On these occasions they seldom seemed to be travelling in any particular direction, but played about, coming up first on one side of the vessel and then on the other, and appeared to be more wary and easily frightened than during the day. (J.) — Habit n when Hucklwij. 317. When the female seals begin to absent themselves at frequent intervals from the rookery grounds and from their young, as already described, the young begin to travel about in all directions from the actual spot of their birth. Most of them collect in large groups, ^r " pods," sometimes near the edge of the sea and sometimes at a distance from it, wliile solitary pups are to lie found roving or sleeping- everywhere. It lias been stated, and the statement has been received without question, that throughout the entire season, and even under the circumstances above described, tlie female is invariably able to single out, and will suckle only, her own young. Analogy with most other animals appears to favour this view, nnd probably accounts for the fact, that it has been accepted without proof, wliich, indeed, as neither tiie individual mothers nor the individual young can be continuously recognized on the rookeries, would be very hard to obtain. 318. The analogy just referred to may or may not hold in the case of the fur-seal, which is in many res|:ects very peculiar in its habits. The youn^' of most other animals, if left at any time by the dam, remains where left, and it is very seldom neces- sary for the mother to select her own progeny from a vast crowd of others. Agaiu, even \. assuming that she be capable of thus singling out her own young one, if, as is commouly supposed, she remains for the greater part of the day, or, according to some authorities, for several days, in the sea, she must very oftc^n wholly fail to find her young, which may have in the meantime wandered oft" to an entirely different port of the rookery. Under Uhese circumstances, the female would continue to bo unquiet till she got rid of her milk, land must indeed be possessed of great fortitude if she refuses to part with it to any of : the thousands of other young seals about her. The difficulty of finding the young must, I of course, be vastly increased in castjs in which the mother has given birth to two pups, one of which may have wandered in one direction, another elsewhere. 319. The idea that the female will suckle the pup she has brought forth only, appears to have been started by the natives, but, so fur as can be ascertained, is first advanced by ]kyant, wlio writes : '' On landing, the mother calls out to her voung with a plaintive bleat like that of a sheep calling to her lamb. As she approaches the mass (of young) several of the young ones answer and start to meet her, responding to her call as a young- lamb answers its parent. As she meets them she looks at them and passes hurriedly on till she meets her own, which she at once recognizes."* 3J0. Elliott has adopted this theory, nnd amplifies it, writing : — " The mother, without first entering into the crowd of thousands, recognizes the voice of her offspring, and then ndvances, striking out right nnil left, toward the position from which it replies." Else- rtliere in this connection he speaks of the mother crying ont for its young and recognizing the individual reply, " though ten thousaid around, all together, should blant [sic] at imcc." On a later page, he again says: "I have witnessed so many examples of the I females turning pups awny to suckle only some particular other one, that I feel sure 1 am entirelj- right in saying that the scaUmothers know their own young, nnd that they will not permit any others to nurse save jheir own, I believe that this recognition of them is due chiefly to the mother's scent ^nd hearing."t o2\. It is not intended to criticize these statements, which, in so far as they relate to observed facts, can be ce; tificd to ; hut it is necessary to point out that they constitute the entire body of proof in the mntter in question, and that tiie influence drawn from them must he characterized as "not proven," The young themselves certainly do not I know their own mothers, and the statement that the mother knows her individual young i seems to be placed in doubt, and is certainly not to be assumed merely from analogy with i other animals which show a degree of affection for their young, because of the observa- tion which may be made any day on the rookeries, that the Jl'enmle fur-aeal ia entirely careless respecting he- offspring. [306] A( quoted by Allen, " Monogiapli of North Americao Pinnipeds," p. 887. t United StatM'CvimtiR ({«pai*t, ppt'39'«qii46».- m I a ^iippp wmmmmm ^■pupp mm. ii I ;. I B6 322. As Mr. Gliiolt is chiefly responsible for the theory here specially referred to, it is only fair, however, that he should be hoard also on tlie last-mentioned point. On this he says : " The apathy with which the young are treated by the old upon the brcedinj,' grounds, especially by the mothers, was very strange to me, and I was constantly surprised at it. I have never seen a seal-mother caress or fondle her offspring; and should it stray to a short distance from the harem I could step to and pick it up, and even kill it before the mother's eye, without causing her the slightest concern, so far as all outward signs and manifestations would indicate."* 323. The whole theory in fact, when examined, rests on the circumstance that when a female seal is seen to come ashore, she will not take the first young one she meets, but perhaps by sound, perhaps by scent, selects one which she allows to feed. It appears, therefore, to be at least quite possible, that in thus making her selection she may merely seek a young one which does not carry the smell of fresh milk about it. The gregarious habits of the fur-seal, with the difficulties inherent in the matter of the reunion of mother and young under the peculiar circumstances obtaining on the "ookeries, appear to show that it would be advantageous to seal life as a whole if any mother would suckle any hungry pup. 324. It may be added, that in a report received from Mr. C. H. Jackson, Government Agent in charge of the Seal and Gruano Islands of Cape Colony, he states, respecting the fur-seals inhabiting these islands (after speaking of the killing of females), that " hut for a happy provision of nature, whereby a female seal will suckle any young one, the destruction of the new-born seals would be complete ; " and, again, says : " The cow will suckle any of the young seals, whether her own or not, and this period of nursing continues more or less for about six months." The same statement is made with respect to the fur-seal of the Australian coast.f 325. The analogy of other animals has so frequently been cited in this connection that it may be in point to quote from an interesting memorandum furnished by Sir Samuel Wilson, M.P., the eminent Australian sheep-breeder. He states that it is common and easy to make ewes suckle other ewes' lambs, either by putting the skin of the dead lamb over the new lamb, or by folding together, in hurdles, the strange lamb and the ewe, When the herd is valuable, all ewes are mothered to lambs which have none of their own, and the same is done in the case of twins. Ewes recognize their own lambs by smell. Sometimes a lamb, not her own, may come up on the other side while she is suckling her own lamb, and may, unnoticed by her, suck her for a time. There are, moreover, lambs which go about in this way, and manage (o lire by what they can steal. This Australian experience is fully borne out by general experience. (K.) — Natural Cd*ses of Destruction. 326. In connection with the general aspects of seal life, and the effects upon it ot commercial killing, it is necessary to remember that it is largely ruled by certain natural events, or phenomena, and that, as in the case of nearly all animals in a state of nature, but a limited proportion of the whole number of young produced ever attain either to a " killablc " age, or to one of maturity. Thus, in killing a large number of seals annually, a draft is made upon a margin of seal lif vhich has escaped all the other necessarily environing dangers, and which very often mcst be regarded as a natural reserve in process of being slowly built up in the intervals between irregular and exceptional inroads which may at any time occur, and over which man exercises no possible control. 327. Thus, on the Pribyloff Islands, one particular instance has been recorded, when, in consequence of the long persistence of field-ice about the islands, the seals were very greatly depleted. This occurred in 1 836, when, according to native count, the number of adult seals on St. Paul Island was reduced to about 4,000, and the greater part of the small number of seals killed in that year consisted of pups. Other, though less disas- trous instances, of the same kind have occurred since, and a study of available informa- tion respecting the amount and position of the ice in B(ihring Sea in various years shows that such adverse conditions may recur in any year, though probably seldom with the same intensity as in 1 836. 328. Again, large numbers of pups are often killed before leaving the islands by heavy storms occurring before they are able to swim strongly, and in consequence of which they arc dashed ogaindt the rocks or upon the beach. Unfortunately, nothing like a com- plete record has been kept of such occurrences, but Bryant, Maynard, and Elliott, in their published Reports, all refer, at greater or less length, to them. One notable case of this * United States' Census Report, p. 38. t <> Prodromal of the Zoologjr of Victoria," by Sir F. McCoy, F.R.S., Dacade VlII, p. 10. :::;sgiazfatozraate.:^';si:;^ 69 particular kind occurred in October 1876,* and Mr. D. Webster informed m that once «« in the seventies," as early as July, he had seen the beaches at Noit'i-Bast Point 'in the seventies, " strung with dead pups, after a heavy storm. More or fewer pup4 are, in fact, apparently kil'ed in this way every year. , „ ...... 329. On Robben Island, very considerable numbers of young pups arc killed by burgomaster gulls {Larus glaacus), which pick out their eyes. This is so well known that a reward of 5 copecks (\\d.) is given for each of these gulls killed. This gull is rather scarce on the Commander Islands, but the natives there have noticed cases of pups being killed in the same way. They are common about the Pribyloff Islands, and are frequently seen on the rookeries, but no one there appears to have observed them attacking young 330. The most generally recognized dnnger to the pups, of a constant kind, while they are still upon the islands, is that resulting from the adult bulls or seacatchie on the rookeries. These, when fighting, or otherwise excited or disturbed, pay not the slightest attention to the young in their vicinity, and overrun them without compunction in such a manner as frequently to cause their death. Elliott doubts whether more than 1 per cent, of the whole number of young in each year is destroyed in this wa^, but everyone who has paid the slightest attention to the economy of the rookeries is familiar with the frequent occurrence of such deaths. 331. In his Report upon the condition of affairs in Alaska (1875), the same writer speaks of the presence on the rookeries of " decaying carcasses of old seals and the many pups which have been killed accidentally by the old bulls while fighting with and charging back and forth against one another." t In the Census Report substantially the same passage is, however, paraphrased by the writer, with the substitution of " few pups" for " many pups." % Professor Allan may also be cited in this connection, though he specially refers to alarms of a kind which can scarcely be strictly classed under natural causes of destruction. He writes: "Constant care is also necessary lest thoughtless persons I incautiously approach the breeding grounds, as the stampede of the seals which would 1 result therefrom always destroys many of the young." § 332. AVhen a sudden alarm causes a panic among the seals on a rookery, and Uhcy make in consequence a rush in closely-huddled masses for the water, very con- Isiderable numbers of pups may at any time be killed. It is very easy in this way to j" stampede " even the breeding seals, and the necessity of preventing such stampedes is [one of the main reasons for preserving the vicinity of the rookeries from all intrusion and disturbance. As already noted, the seals are alarmed particularly by smell, and during the summer of 1891 a panic was caused on the Reef Rookery of St. Paul Island by the drifting over it of the smoke from a steamer which was entering the anchorage there. 333. NordenskiOld refers particularly to this matter in his account of the fur-seals of Behring Island, writing : — " The young ones arc often smothered by the old when the latter, frightened in , some way, rush out into the sea. After ibuch an alarm hundreds of dead pups are found on the shore." || 334. Killer whales {Orca rectipinna) are among the more active enemies of the fur- seal. Mr. D. Webster, who, because of his long experience on the Pribyloff Islands, has already been frequently quoted, states that these whales usually come to the islands from the north early in September, and st«y about them as long as the seals do.^f They kill many seals, particularly pups, and wantonly kill, apparently in sport, many more than they actually devour. Captain Lavender, in bis Report for 1890, mentions the occurrence of large ,'jchools of killer whales in pursuit of young seals about the islands on the 30th October in that year,** and Lieutenant Maynard mentions a case in which a single killer whale was found to have fourteen young seals in its stomach.ff The Aleuts at Ouna- laska further stated that they have often seen killer whales pursuing and catching fur- seals, not alone the young, but also the adults. 335. In the vicinity of the Commander Islands killer whales also occur, but they do not appear to be so numerous as about the Pribyloff Islands, and their ravages have not been complained of in the same way. • " iVfanojtraph of North American Finniped>," p. 39?. t Page 149. See also " Monograph of North American Pinnipeds," p. 370. ^ United i'ltalen' Census Report, p. 43. § " Bull. Mus. Comp. Zool.," vol. ii„ Part J, p. 91, g " Voyage of the ' Vega,' " translation by Leslie, vol. ii, p. 390. ^ See also Bryant in " Monograph of North Ameriean Pinnipeds,'* p. 407. ** Senate, Ex. Doc. No. 49, Qlst Congress, 3Dd Sesaion, p. tt House of Repr«aentatWes, Ex. Doc. No. 43, 44th Congresa, I»l Session, p. 6. wmmfiiimimmmmmmm W IPiPPilpnnNPiinnmmppiMmv! 60 33(t. Am tlie killur w)iali> fro(|uent8 not ()nl,y thi> Hunmier haunts of t)i» fur-Heal, but its wliolc inigration-raii^o and \vinti>r liabitat, it Im |)nu-tically certain that th» Nuals an- oxpoHoil to tiu'ir uttai-ks at all times, ox; seals to a considerable extent. •KJ?. In consequence of these and perhaps other eneinieH, ami of various accidents, and irrespective of possii)le epidemic disease, the nuuiher of the younj^ seals born is j«really reduced before they return as )'earlin;;;H in tlie followinjf year ; and it is Htill further ccmtinuously reduced, though in a diniinishinf;' proportion, in subsequent years. On this suitject Bryant writes as follows : — '• Duriuju;' the time the yonn^' st-als are absent from the islandn. fully 150 per cent, of their number are destroyed by tlieir enemies before they arrive at the ajje of (me year, and during' the second year about l-l |)er cent, inoie aic lost. Later they appear to be better able to protect themselves, but before they arrive at maturity, at least 10 jter cent, more are destroyed. So that if left entirely to tliemseives, (mly 10 or If^ percent, of the annual product would nuiture or reach the ajje of seven years."* On the same subject ICIIiott writes, speakin;; particularly of the males: — •' lly these nj;encies, durinj; their absencii liom the islands nntil their reappearance in tlie foilowin;; year and in July, they are so pt'rce|'libly diminished in number, that I do not think, fairly cousiilcred. more than one-half of (lie le;;ion which left the f;round ol their birtii last Octoltir canio up tiie ne.\l July to tiiese favourite landinf;-places ; that is. 0,()()0 of them return out of the .'ituKi^uO born last year. 'i1ie same statement, in every respect, applies to the jioinj;' ami corninj;- of the uOO.OOO fennile pups, which are identical in .size, shape, and behaviour." t 338. Neither of these statements claim any <>'reat precision, and it would be imprac- ticable to make tlieni precise. Jiryanl's may be taken, however, as showing a more careful consideration of the facts, and accordinj;- to his estimates, in the ease of 100.000 pups, but -lO.OOO would return in the second year and 34.000 in the third year, while about 30,000 would reach maturity, 339. It can scarcely be doubted tli.u the fur-seal of the .North J'acific is also subject to diseases of vjirious kinds, the prevalence or otherwise of which have their effects on the innnbers at I'uch jKirticular period. Inquiries made on the subject have, however, not brouubt to liojit any notable mortality winch has been attributed to disease, nor do previously publislied reports include any mention of such mortality. It may thus at least be inferred, tiial no notably fatal disease ha^ attacked these amimnls while upon their brcedinj;' islands within historic times, but it is m>t safe to attirm that disease has been wantinj"-, or that epidemic diseases may not, at any given time, appear, and require to be allowed for in any regulations made respecting the killing of seals. 340. In the Report of Mr. C. H. .lackson »ni the fur-seal islands of Cape Cohmy, already referred to, he writes : • Upon several islands, especially in the Isbabar grou|), are to be found the remains of vast numbers of 'seal,' i)robably the eft'ects of an epidemic disease at some distant period," 341. On the same subject and referring to the same region, Mr. 1! A. Clark writes as follows, quoting "MoreU's Voyages": "In 1S28 Captain iMorell. in the schooner 'Antarctic' visited the west coast of Africa on a fur-seal voyage. .At Possession Island, in latitude 2i)° 51' .south, he found evideiu-e of a pestilence among the fur-seals. The whole island, which is about 3 miles long, he states, was covered with the carcasses of fur-seals, with their skins still on them. Tliey apjjeared to have been dead about live years, and it was evident that they Inul all met their fate about the same period. I should judge, from the immen.se nudtitude of bones and carcasses, that not less than half-a-milli«ni had perished here at once, and that they had fallen victims to some mystericms disease or plague." About 17 miles ntnth of Possession Island are two small islands not over a mile in length, where Captain Morell found still further evidence of a plague among the fur-seals. " These two island.s," he says, '■ have once been. the rqsort of immense nund)ers of fur-seals, which were doul)(le.ss destroyed by the same plague which made such a devastation among them on Pctssessitm Island, as their remains exhibited the .same appearance in both cases." + 342. Elliott, after stating that he has observed no disease among the seals of the Pribylotf Islands, quotes a recorded instance of a plague affecting the hair seals of the north of Scotland, Orkney and Shetland' Islands, and adds : '" It is not reasonable to * '■ Monograph of North American I'liiDioeds," p. 407 ; lee also Houieuf Hepreaentatives, Ex. Doc. Ko. 83, 44th Congress, 1st Session, p. 66. t United States' Oensui Report, p. 68.. ' X " Fishery Induitri*! of the Unitad States,'' vol. ii, d. 416. Ki •uppoBO timt tlio Pribyloff rookeries Iinvc nevor Hnfforod from cliHtemporH in tlic pa^t, or Mrt> not to in the future, Himply Itecaus*' no occaMion wems to Imve iirint-n duriiiK tlio ooinparativeiy brief period of tlieir human doiuination."* 343. The fur-Hcal» upon tlie I'rili.vlolf Islands are, liowever, afflicted hy at leant (mc known trouble, that of intestinal worms, and in the stoinaelm of nearly every seal killed a certain number, and otlen a very conHiderable number, of hucIi worms uic found. 'I'Iuk cann(»t of courHe be considered as constituting in ilneif a very nerious iilfei'lion, but if under aivv particular train of <-ircuniHtances it should be considerably increaseil. it alone mi^ht become a danger to the continued well-beinK of tlie seals. (L.) — Mortalify of younij Hmh in 1891. 844. fn the season of 1H!)1, considerable numbers of dead pups were found in certain places upon the rottkery •jrounds or in their vicinity, and various hypotheses were advanced to account for this unusual mortality. As some of tiiese liave special bcarinj^s on the general (piestion (d" seal preservation, it may be well to devote a few words to this particular subject. 'M't. In order t<) exiubit the circumstances surrouiulinfj; this fact and to arrive at a probable explanation of its true meaninir. it will bo necessary in the first instance to give in summarized form the observations and notes bearinj? upon it made on the j!;roimd by ourselves. "140. When visiting' Tolstoi Kookery, St. I'aul Island, th duly, we observed and called attention to several limidreil deiul puj)'* which lay scattered about in a limited I area, U|)H wliioh wore then "podded nut" in K^oAt numbors in the immediiUu nciglil)ourli<)o(l. MoBHrH, Fowlor and Muirny, wlio iioronipanied im on this occHNioii, admitted thu niortnlity to \w local, and the llrnt-named ^entleinan Htuted that in liis lonff experienne he had never seen anything of the kind hefore, and HU^ifKeBted that llic motlicrH froni this Hpeeial locality niinht have gone to some particular " teedinjj; hank, " and have there ))efcn killed (o><;ether by Hca HealerH. On tlio sanio day we vittitod lln> Kcei Rookery ajj^ain, and a oearch waH nnido there tor dead pupH, which rcHulted in tlit> discovery of Home of approxiii\ately the same size with Chose last mentioned, hut prohalily tint moie than an eighth, and eortainly not more than oiie-f«»urth, in number as comiNind with tl-.e inner end of the TolHtoi Rookery ground, and proportionately in both canes (o the number of living ]mp8. aOO. While making a third inspection of the St. Paul rookeries in September, on the Ifitb of that nn)nth, the Reef and North-East Point rookeries were again specially examined. The rookery groimd of the south-eastern side of the Reef I'oint as carefully inspected area by area, with field-glasses, from the various rocky points wiii^i'i overlook it, and from which the whole field is visible in detail save certain narrow sttmy slopes closu to the sea-edge, where dead pups might have been hidden from view among the boulders. Subsequently, the north-eastern sloping ground, named Gorbocb on the plans, being iit that date merely occupied by scattered groujjs of seals, was walked over. 'I he result of the inspection was to show that there were on the south-e.ist side a few dozen dead pups at the most in sight, while on the opposite side ]>erhaps a hundred in all were found in the area gone over, being, probably, tlie same with those seen here the previous month, and in number or contiguity nut in any way comparable with those seen at the inncv end of Tolstoi. 3ol. On the same day a final visit was made to the North-East Point rookeries, then in charge of Ibroe natives 1 was wholly exceptional and miprecedented. and it occurred in the very Hea-on durin;;' which, in accordance with the modus rivmili. evth very unanimouMly concurred ni hy them, viz , tlial the young had died hecause their motherH had heen killed at sea, rests wholly upon the assuujption that eacii female will suckle only its own y^m^^<; (me, an assumption which aj)pear8 to he at least very douhtfnl. and which has already been diM<'usseii. (».) The mortality was at first entindy local, and thoujrh later .i certain nuinher of dead pups were found i)ii various rookeries examined, nothing of a clmracti^r comparahle with that on Tolstoi rookery was discovered. (4.) The mortality first observed (m Tolstoi and I'olavina was at too curly a dale to enable it to be reasonably explained by the killing' <»f mothers at sea. I* occurred, as already exphiined, about the Irtlli or'iOth July, at a time at which, an (inline to the generally accejUed dates, as well as our own observations in 1891, the females had not begun to leave the rookeries in huge numbers, or, when leaving them, to do no more than 'swim or play about close to the shore. It has already been stated that Hrynnt gives the '2r)th July as the opening of the period in wliich the females begin to leave tlu> rookeries. Maynard states that the hulls, cows, and pups remain within the r(»okery limits to the wvnie date, while Elliott places this change in the rookeries between the end of July and the ith and 8th August. It is, moreover, ackuowle mortality v/nn obsoivod (o bo groftlcHt nppofttefl in 1)0 HUi'l\ tiH in ho o.\j»lio«Mo )>,v » pitnic ami wimtipedo will) i'.*))HO(|Ueiit nvor-iiiH))inf^ of tl)o v*>nii,i>. Iiiil. ii' HO, Riiol) M(i),m|to(loti moHt, liavo o'.'ciinod i))oi'o ;l)!it) onoo. 'I'lioy i))ifili(, tio( i)i)|iro!iMi»!,v liovo rosiiltoil IVoid titU'iDplH Iv. (^oPoot, " M would in suoli ii cawo Im> kiiioil io firoalonl onotlioiH, I'oi- thoMo ocoiipv llio HliilioiiH )1)ohI oanil y gol al I'loii) llio HOM-si(io, ami llio killiiifr upon llic rookory grouinl wonlil hIho iiiinvoidnlily liar, lonultod in ",-i|iiii)i)o(lin;r " laijuo MiimhorH ol' Hoaln of' ail ('lasNt>M. (M.V -Jlfr//i()f/,< of ruiiDindtini/ Krols on llir I'lihiilaff' hltimli^ iniil linlimntri^ of Numlutrn, -'AJ. 'I'lio nii'.ihoi' of HoalH iVoipionlin;;' llio Priliyloll' iHlmidH at. dill'oi'onl. dalcH \h ol'couiso a tact of r«iniiainoiiniployod in inaluiisi oNliinaloH ol' nmnlicr and (o llio ros^nllM aii'ivod at. I'mo'-lu'ialo'y lor piiipoHOM oi ooinpiirison, IIk'mo liavo l)oi>n madi' lor liio piiHl twonly yciUM a( iiroi'idar iiilor\HlM, on ontiioly diiloii'iil, inolliodw, and by ipiilo diU'oront, poiHoiin, oxoopiiiif!; ill (iio ono oiiso ol' Mr. i''illio(l, wlid niado olaboiulo (d)|ioi'valioiiH on Ibo Hpol. Iiotb in tH7^-7'l. aixi in 1S!)(>, llio latter hoin;^' of Kpooial value lor purposos of oon^panson will\ llio otitnlitions in 18'.M. H;")S. 'I'lio liisl (lolnal osliinalo of tlio toJal nnniborH of nciiIm rosorliiig lo llio I'lil.ylolV iNlaniis .ipponrs (o liavo boon llial iniuio by Hiyani. in IH'li). Hryatiti slates that lio (ii'^oovoii'il llial tlioro woro no opoii iilnocs on tlio rookorios, lliat llioy bogati lo till al tlio wator-lino, and oxtondod no fnrtner back than tbo brccdiiifi,- Hoaln oould oooupy in a fonii>aol body. Ho tlioii oslimatoil tbo miinlior to a ^(Miaio I'od, and, pi'oHiimi;bly, by liin'infi' tbo nninbor of stpinio lods ooiilaiood in tlio i-ookory f>rouiidM, foniid tlu tofiil no nb( r oi brooding sonls lo bo 1.1.'M),000. Ho noxt ])roooodod to ostin)ato tbo noii- biooiiin}>' siiils and yoiinii' of tbo your, and Ntalos lii.s boliof tliat llioro woro on tbo island [viV] not loss than ;Vi».'U),0()0.* If intondod for bolb islands, as by tbo context it, ajijioars lo bo, tbix oslimato is jirobably a reasonably fair one, niado at least lo flic best of Hio writer's abilily, tlioii<;li. as bo do.i-s not stale tbo immbor nssniDod to llio sipiaro rod, wo ,';<.4il(>, and, adding an estimate for the non-breeding seiils, raises the grand Jc.fll to 4,700,000.1 3(!0. Lienlenaal Maynard, in his Kepoit written in 1871, sliitc.s tbat the seals fiee|ueiiling Ibo Ibibylofl" Islands "have been variously eslimaled at from 1,000,000 to 1.">.U00.( 00."' U- thinks Mr. Klliott's method of estimation to be the most aciMirato. hut, by addiui, a larger number of non-breeding seals, raises the grand total, as relating to the ye;ir"lS72, to about G.tHlO.OOO.vj .'U>1. Fourteen years after Mr. Klliott's estimate, Mr. O. H, Tingle, in 1^*87, expresses (be boHef that the area of rookery grounds bad increased, and, employing Kll.vtt's inetbod of eoinputation, arrived al the tignres (),;5ri7,7oO for the total number Iie.si8 WHS of seals Ho explains, however, Ibat the tii)acc given to each seal by tbis bypoti too small, and, consoquenlly, reduces bi', 'stiniate by ono-fourtb, niakin,'» it 4,7<)H,3()0. .'UV2. It will be observed that Elli< It's mode of cou.putinj; tbo space occupied liv i| tbo breeding seals bas been made thi: basis for subsccpicnt "Tb-ulatioiu-i, tliough bol * •' Moiiivjniph of Nortli Ami>rir,in I inniiHMln," [>, ;I8il, ■j 'Jiiitpd Status' Cfn«u(. Kepoii, p. ;iO. J luid., (ip. bl ami tij. § House of Rep:csentaii\ca. E.i. Doo. No. k', 44lli t.\ini;u'S», [-.l Sfssioii, y. 5. H Housf of R*pr»»fPlallr<>s, liopor! Ni. ;{883. ")''lli C'oiignsj, 2n(l Sc»!>ioii, pp. 163 and 177. 05 piuTitcd (<• niniiing ol' II! I)rt'«'(lin/r • liMidcil oil 1 liiH'l'lH of f' Nmiibirs, 'm III, (laU'H Ih ell ^ivoii III . ^ luiivcd III. ■ ^1 inHt twoiilv •lit. IIOIHOUH, III llu' Hpot »lll|ltlSOH III % iiif>- l(> ilic yiinl hIiiIch ' '.^1^ J L'y hognii (o (lllhl OCIMIIIV Himir-lily, li)' <1 tlu IoImI ito (lio llOll- n coiiloxl il (o (lie licsl. Ilio H(|Uiin! 1 IS (lie crodU mber to the ossesHioH of loot (O Olll'll t odiiHidciod H (liHCUHKioil n: "TakiiiK nvcmfio of iiiitiiil )ioiiif lioforo iiH."f JHlniidH, in vs (ho >:rniiil lit (llO HOills ,()00,0()0 to ci.'imiti', bill, 1 vcliiting to 0, in 1H87, 1, om|ilo}iiig utnl numlior pothcsis wns ,7ti8,M()(),|| ocoiipicd In though both li-.>. 177. Maynni'd iiiui Tiiiglo took tlio liberty of cHHoiifinllj' (;linnp;inK llic iohiiUh ns tlioy would have nppeiiied it' lliiH inotbod had boon Hlriotlv i'olluwod. iNoitlior wholly bolievod in it, but noitbor Hnw IiIh way to tsubHtitiitiii^ n iiioro accuiiilu biiHiH, and both, thorotbro, jr.cidv modified its results by priioKHiniif at additions or siibtraetioiiH. %\\\. Klliotl's biiHiH of oonipiihitioii iiiiisl, however, be taken siilijoel lo his owii ni('aKnreiii"iilH of nii athill I'ciiuilc, wliieli are as follows: Lon/rtli, TpO iiii lies ; t;irlli, ■"»'» or .')7 iiiehes. Siii'li an aiiininl, in a recuinbeiit posilioii, would be contained in \y r(!i'liiiil snii.) on the charaelor of the rookery grounds may i-.dicato the rcjiison of this criticism, hut it vvoiild be didicull to convoy ait ade<|uate idea of the rocky and bioken clianicttr of some of them by any description, i'hotographs may serve lo o.xliibit heller their general nature, and it appears to be reasonably witliin limits of error to c tjiiestioii of the lliictuation and general diminution rif the seals Upon the rookeries, and the evidence that it allords of Ihe now scarcely -(luestioncd fuel, that the estimates made in the earlier years of the (tonlrol of the islands by the (Iniled States ' ere absurdly high. It maybe added tiiat no single individual of Ihe many , questioned by us who had been familiar with the I'ribylott or Commander Islands, or iboth, for longer or shorter periods, wns found to be ready to inaiiitain even Ihe a|.pro.\i- Imato accuracy of the statements of number of seals according to the above-diseiissed lincthod of enumeration. 3(50. By way of fiirHic- substanliating the conclusiotis arrived at, however, it may bo well to quote a few published opinions bearing on it, which occur in the Congressional Inquiry into the Fur-seal Ki.sheries of Alaska, made in 18H8;— • ' Mr. S,^ M. Biiynitzky, fiovernment Agent on the islands during parts of the yearsj 1870 '7 1-7-', says: "I saw an approximate estimate made by Mr. lOlliott .... I d») not think any estimate would be within a million or two. I think he puts them at five millions, but it may be three or seven mlUioiiH, as they arc countless." Mr. G. VViudinan, Uovernment Agent on Hi. George Island from 1881 to JHSy, asked as to the total number of seals on the islands, says : '• I never could make it so much as Professor Ulliott has done. I made many estimiites. F have been to all the rookeries on the islands many times, and compared tiiem with the spa(!e occujiied by the carcasses on the killing grounds, and I feel pretty conlideiit that the whole number has been over-eslimated." He then proceeds to Justify his opinion by special references to rookeries on St. George and to niettsurcmcnts. Mr. T. I"\ Morgan, who was on the Pribyloff Islands in 1808-(1!), and again during every killing season from 1871. to 1888, as an employe of the Alaska Commercial Company, says, respecting the number of seals: "I think that l*rofess(n- I'llliott has mor-estimaied it ... : he laid down the carcasses of seals and measured around them, la'.id then measured thv rookeries. . . . But they do not lie all over the territory which jlic marked out, . . . The ueals did not cover the whole area as thoroughly as he [measured it." Dr. H. H. Mclntyre, Superintendent for the Alaska Commercial Company, and Ion t:ie islands every year, except three, from 1870 t(> 1888, says: " I think the numlier has been very largely over-estimated in the reports of naturalists who have observed the habits of the animals on the seal islands. They have made their mistake in supposing that all the ground which shows signs of having been occupied by seals is covered by them simultaneously, when ^hc fact is, that the bachelor seals may be found to-day upon [305] * llouie of Kppreicntilivei, ilcport No. 388J, 5Utb Congreii, 3nd 8«iiion. K 2 i^mn 9(f i ^ : n certnin rxikery, ami anotln^r time nii«»i jumotlior place. The result i«, the Hame animals in many instancos have hcen poiintoil !*<> or tliroe times. [ think the estimates OTe fully ono-third, or perliaps i>iie-lialt'. too liiifii." 367- No furtiuM- e.stimat*^ of tlie tot^il wamher of seals upon the l'rii)yl()lt JHlands n])pear.s to have hcen matlo until that of Mr Elliott in 1890, in which the j>ran(l total arrive'l at is {)59..'^!t.S Itreeilinu,- sc-als. incluit >iiiy 3.'jO,0.K) hreedini;- females, besides a larf>o numher of liarion females, while tli' n nr of male - als ovit one year old did not oxceofl 100.000 'MW. I he citations above j^iven arc sutfu-mnt m show tine character of the estimates of nuimhers made, and to indieat** why ■* is iMvpoHsil)le to fohow the olianues and fluctua- tuoiiH in number> of seals resortinu' to tli»» PriUvlotf Islands di ■'!etly and by these means alliwie. In his (►rinin*il report of 1^74. i^i^-utevxiiint .Mavnard ve;\ sensibly remarks thai the most trustworthy i-wle.K of the conai'' area occupie* )y them at partic»lar jiwtes n each -.oason, rather than in actual numbers of seals, \»'n1rtinjf i««t mere appro.Kiraations. His suggestion, that plans .*^.o«l*< i)e mad<' and marked >»'ith tic rookery limits in each year, was unfortiniately not carri«»»« Mit, and we are thu« thiw ii back a^on indirect methods of instituting comparisons belvi. .-i the past and present •on^Hiem of seal life upon the island."!. We can only hope tmf for the future steps will Ijc H t M» awecurately to peg out w mart the limits of the exi(»ttwky rookeries as a criterion of Awuge» certain to occur from year to year. o09. The auxiliary methods which were adojirf-ed in maktug comparisons of the past and present condition of the rookeries. inclu well as wiflb nwny who had previously worked on the i«l:)n(ls, but were at the time in otlwjr independ^v^ cinploynients. ;570. The ditfering agef. at wi;ich ihe males and females respectively ■•'^M-h maturity and enter into the breeding class, together with the varying times at Wiftii^li the sexes are supjiosed to continue in this class. »ith other circumstances already deiail"' as to the habits of the fur-seals, together atfoni the data for very eliborate calculati. 'o the rate of increase or decrease of number^ nf seals under various conditions, anu si.„,ect to the killing of certain numbers of seals of sjiecitled sexes and ages. 8..seal. under normal etwuni- stances, and while the surplus ot nialiis is being annuailiy kih-fi nf iiuiy, it is beU^'eii, he iairly represented by a unit value consisting of — breeding .i!»tites 10,m)W, breetiing females 100,000. Bryant's estimate (which appears to be tlie best i of young surviving to reach maturity, under normal circumstances, is 'M) per cent, of the entire iiuiiMter born ; or with an annual birth-rate corresponding to the above " uwt'' of 100,M0, :30,t»'(^) woulu reach "maturity" each year.* It may further be assumed that the average age of maturity" in the two .■ie.\< ■ is 4 yearS; and that the whoU numher of seals upon the rom-^es during four preceding years has renniined constant. ;^7-. liider these assumptions, ?»0,000 4-year-old seals would be added each year; and it may he postulated, though it has not lieen actually a.sccrlained, that of thc-t; 15,000 are males and 15,00(1 females. Of these it may be supposed that 10 per cent, is required in each case lo replace mitural losses by death annually of the breeding classes, or, say, 10,000 females and l.COO males. 373. Under these assnniijtions, ' js evident that a .surplus of the yearly increment, consisting of 14,000 males and o,C ■> females, may be killed each year without damage to the existing state of the roc' . Mies, which should thus remain at a fixed number. • UnHiit csliniatis that diiriii(? '' ..»t yonr 60 ppr cent, of die young arc lost, during tlie second year 13 \>tr cent., liil Lcf'niu llii-y iirrivi- • Mjiturity nt Imt 10 per cent, more ar"! Hestroycd. " Monograpli of Norlb American I'inniptds," p. 407. lie animals estimates ■i ott Islands ■ ''»& "Tiuul total Ics, besides our old did ■ ■"-'&'- e estimates nd tliictua- icsc moans imarks tlinl und in the or than in tions. His each year, methods of i upon the to peg out in to occur sons of the ervation at previously •sat ion witli y who had iployments. ii maturity 1 the sexes lail'^'' 'IS to »ti.- ♦(» ftllU Bu,.„«iCt ach 'aicula- set'ul : first, irily precise tion of the to entirely lation. An the normal ; of puttinj; ; employed, field results nal e*«;uni- is beli^^i'il. lO, breed 111 j;- .<>r bom L»,'' wonlo le two sextn r preceding each year ; lat of thi -»■ LO per s-enl. le breedinir increment, out damnjiu ed numbci he second ye.nr rBpli of North 67 The death-rate allowed is probably sufficient to cover all but very exceptional natural causes of loss. If, however, under tiiose circutnstuuces, no females be killed, an addition of 6,000, or 5 percent., on the whole number of fetiiales, will accrue to the rookeries yearly; and such increase, to maintain the reqitisite proportion of the sexes, will call for a similar increase of O per cent, in males, or i'iOO males ; thus reducing- the number of males which may be killed, if killing is restricted to this sex, to 13,500 annually. "^ AVith such an annual incic.'isc of 5 per cent, to the entire herd, this shoidd double in number in about every fointeen years. Thus, about 770,000 breeding seals should produce annually 100,000 killable males of an average age of 4 years, and still allow for a ■'> per cent, annual increase of the breeding seals. 374. Adding to tlie assumed unit of 110,000 breedin,'^ seals, male and female, the number of non-breeding seals re(iiiircd by Hryant's percentage estimates of loss by death of young, the following iigiires would represent the whole number of such seals at any one time : - I'lipS, just IkiI'II . . Yeailin-fs 'J-voai'-oI(ls j-yi:ii'-ol(ls , . ICfft'tc sots of both soxrs, snv Totnl of non-lui'cdiii'' si-iils 100,000 10,000 ."..5,000 .'JS.OOO .">0,00() iriR.ooo 375. Adding lo these the breeding seals, the whole number of seals present, when 30,000 may l)e killed annually without decreasing the aggregate number, would be 368,000, and proportionately, in order to produce an increase of 100,00<) annually, a total number of 2,07G,O(l(i. 37(3. As a matter of opinion, based on such information as we have been able to obtain, and notwithstanding llic much larger number given to tlie islands by several of the estimates previously (|Uot(;d, we are inclined to doubt whether the whole number of seals frequenting the Pribyloff Islands has ever, since the exceptional slaughter of 1868, actually exceeded 2,000,000. There can be no pos:^ible question that the actual number has been very greatly exaggerated in most of the computations made. If this opinion be approximately correct, it is evident that an annual slaughter of 100,000 males might lead to just such a continuous and cumulative decrease in total numbers as is elsewhere shown to have occurred before pelagic sealing had entered into the question. # (N.) — Viirioua Ndhiriil Indications of former Exlant of (iround occupied by Seals on the Prihi/lof fslnnds. 377. it will be understood, thiiL on the Piiliyloft Islands all parts of the surface above the reach of the waves, and not too rocky or too entirely composed of loose sand, is, in consequence of the humidity of the climate, naturally covered with grass, but that ou the areas running back from the sliore with a greater or less width, which are occupied as rookeries or hnuling-grounds by the seals, the constant movement and passage of these animals entirely prevents any vcretable growth. Thus, these resorts of seals, when seen even from a considerable distance, are quite distinctly marked as bare, earthy slopes. When more clo.sely examined, it is further found that the rocky projections and scattered angular rojks, which are common to a greater or less extent to nearly all the rookery grounds, have had the angles more or less polished and worn by the constant movement of the seals over them. The rocks being generally basaltic contain no very hard minerals, and there being a certain proportion of silicious inatter 111 tiie sand, this supplies a very eliicient polishing n!ateiial, which is applied by the flippers and bodies of the seals. The polish thus imparted to portions of the rocks is diflferent from that produced by wind-driftcd sand in being ehielly confinod to points and Jtfgles. and is thus ea.sily distinguished from it. 378. It is found that such partly polished rocks are cliaracteristic particularly of the hcauard side of the several rookery grounds, and that further inland, and at greater distances from the central parts of the several rookeries, the appearance becomes less and less well marked, till it at length ceases to be observable. 370. It is evident that the polishing and wearing down of rocky angles in the manner ,'.'ovo described can have occurred only during long .series of years; but it ia also evident that the occupation of the same spot by large numbers of seals, .say once in i,« * 68 every third or even every fifth or tenth year, wouhl be sufficient to render the polishinfj jnocess practicuUy continuous. That, in fact, any particular rocky spot, if not occupied tor intervals of several or many years, would not in such intervals lose the traces impressed upon it by former occupation, and that, if reoccupied from time to time, the>?e traces would become cumulative. Experience gained in connection with the examination of jjolishing due to the f;lu('ial period in other regions, impressed on just such rocks as those of the I'ribylotf Islands, shows that such polishing is exceedingly enduring, and that the mere action of the weather upon polished rock angles, like those fouiul upon some of the breeding grounds, cannot have perceptibly operated in the direction of their obliteration since the earliest human knowledge of the Pribyloff Islands. Other- wise stated, it may be safely asserted, that while aifording no valid evidence of recent occupation, such traces give invaluable evidence as to the whole area at any time long occupied by large numbers of seals during the past few hundred years. 880. In consequence of the want of actual information as to the extent of seal- occupied ground about the various breeding places on the Pribyloff Islands in various years, a very general tendency is apparent, even among those who have been familiar with the islands for several years, to magnify the conditions of the past at the expense of the present, and free scope is often given to the imagination in describing the former extent of various rookeries and hauling grounds. An excellent corrective to generaliza- tions of this kind was found, however, in noting the bare or lichen-covered surfaces of the scattered rocks. '1 lie climate, as well as the rock surfaces of the Pribyloff Islands, are well adapted to the growth of lichens, but where seals have been in any ccmsiderable numbers, no lichens arc found on any surface over which they can climb, or which has been within the reach of their flippers. A knowledge of the very slow growth of lichens was sufficient to indicate that where such accessible rocks were well lichen-covered, seal life must have been but scantily, if at all, represented for a long term of years. 381. An observation of this particular tact, continued from rookery to rookery over both islands, showed that the lichened rocks often extended quite to the limits of the ground still annually kept bare of grass by the seals. By this statement, it is not meant to affirm that the lichened rocks and stones were always and everywhere conterminous with the limit of the baied ground, but that in many cases easily accessible points of ground touched these limits, both on St. Paul and 8t. George, and thus proved that the seal-frequented area luid not continuously overpassed the actual limits for a considerable numbc of years, and that vague statements to a contrary effect were necessarily erroneous. This was particularly noted on AVest Zapadnie Rookery, on certain parts of the Reef rookeries, and those of North-East Point on St. Paul, and on the Little Eastern Rookery on St. George; but as a criterion, it was in a lesser degree distinctly observed on nearly all of the breeding grounds. 882. To render the meaning of this fact clear to those who have not particularly fmid attention to this subject, the following quotation may be given from ttie article on ichena in the " Encyclopa;dia Britannica" : — * "In this fitful and abnormal life of lichens, we have the ( xplanation in a great measure of their almost indefinite duration of existence. It is well known that tl'2y arc perennial plants in the wide^^i. sense of tliis term ; and that, though in the earlier stages of their existence, their growth is comparatively rapid, yet this becomes extremely slow when they a -rive at a certain age. The time required for the development of even the most rapidly growing species may be calculated by the appearances of such of these as are met with on gravestones, mortar of houses, stcAQ walls, wooden palings, and such like, the date of whose erection is known. Amongst other instances thut have come under the present writer's own observation may be adduced the case of Physcia partelina [the conmioii grey lichen of the Pribyloff Islands is a Pkyscia'], growing in fair quantity on the stones of a granite wall, built in 18:30, in a maritime district where the plant is extremely abundant, and where the atmospherical and other conditions are well suited for its growth, In a receut visit to the spot, it was found thut altliough the thallus is now well developed, no fructification whatever is visible, thougii traces of spermogones are beginning to appear, so that, in a space of fovty-five years, this plant has not yet attained full maturity." 383. Still another characteristic of the rookery grounds is, thut their "urfaces are generally composed, especially in hollows subjected to littlo wear, of a felted coal of mud and hair. In the damp climate of the Pribyloff Islands this characteristic does not endure very long, and when any particular area is abandoned for a few years by the seals, it ''oon becomes again covered with grass, m Ninth edit'oii, vol, xiv, p. 656, Alii ItUii'HH 384. This last circumstance leads to the consideration of a fact, upon which much stress has lately been laid, in connection wiih the estimation of the present and former areas of the rookeries and hauling grounds. It is quite noticoaWe that wiien an area doubtless originally covered with rough, tussocky grass of long growth, and of the character normal to the islands (and generally or always confined to the single species, Elymm mollis), has been occupied by seals for such a time as to eradicate this grass and smooth down the lumpy surface upon which it grow, the temporary or permanent abandonment of the area is followed by the appearance on it of grasses of a shorter and closer growth, and which in the later summer and autumn sooner assume yellowish colours, in consequence of which the outlines of the previously occupied area become clearly dcrtned. It is quite natural, that in the unfortunate absence of any consecutive record of the extent of the rookery grounds, or of correct or comparable estimates of the number of seals upon them or upon the islands as a whole, these "grass limits," as they may be called for brevity, have been seized upon as something tangible. 385. The " grass limits " are often quite readily observali^>, particularly from a little distance, and some special attention was given t«( tlieni in order to ascertain, as far as possible, to what extent they might be employed as a criterion of change, and particu- hirly of diminution in the areas frequented by seals, or in Hie aggregate number of seals resorting to the islands. 380. It may be mentio'.ed, in the first place, that the glasses to be found in these particular areas are not in themselves peculiar, hut it is merely the predominance of certain forms and their mode of growth which seems to outline such p.reas, the most abundant grass being apparently Deschampsia {Aim) aespiiosn, with which the little ciiiciferous plant ('ochlearia officinalin is often mingled. Farther, that a very similar growth and colouration is found in other parts of the islands, which have never been known to be, and which in all probability never have been, frequented by fur-seals ; as, for instance, on the easterly slopes of the low hill upon which the flagstaff stands at St. Paul village. Making due allowance, however, for these and other accidental circumstances, the fact remains that, surrounding all, or nearly all, the present rookery grounds, there is a margin of varying width, and not always concentric with the still bare area, pretty clearly marked out by such difference of sod. 337. Respecting the time which it might take for any portion of seal-worn ground |:to revert to its original tussocky conditiim if undisturbed, little can be said with ccitainty, ^further than that it must be many years. The tussocky character of the general surface upon the islands has arisen in the course of time and by the persistence of grass-dumps, about which sand and soil carried by tiie wind have collected, and vegetable matter produced by continued growth has accumulated. Experience on the werstern plains of North America, where a buft'alo-patli or cart-trail is sometimes found to have retained its identity, with iutle apparent change for thirty or more years, would indicate that the time of reversion here to the ori^rinal state of the surface cannot he placed at less than perhaps fifty years, while a centuiy would, in all probability, more nearly represent it. 388. Without, however, atta<;liing any importance to particular limits of time, it is perfectly clear that both in tht- extent of the seal-polished rocks and in tiiat of the diathictive vegetation, we see marked the greatest expansion whicli the areas so charac- terized have at any time attained during the last 100 years or so. arul that these traces thus carry us back so far as to render them of liltJe value in the elucidation of the changes of late years. Btill further, it is obvious that such liaiits need not, and probably do uoi, ijuantitatively represent the actual cxT,nnsion of the seal herd centering ubout any ;;iven rookery ground, but, on the contrary, indicate an outer boundary, within the limits of ;\-hich the seals have oscillated during a long term of years, 'i'ho extraordinary fixitv whic'i has been attributed to (he rookery areas and iiauling grounds, arising nat'irally from a popular exaggeration of their sub-permanent character, has alone ren'j-red ]*■ mentally jwssible to advance to the furtiier stage of belief, which has indun 'I some writers to assume that the whole of the areas showing traces o\ .seal occupation have been at some detinite time simultaneously and closely occupied. There is no basis for any such belief in nature, or in the observed luibits of tlie seals, and any reference to it with this meaning involved, merely tends to cloud the consideration of the true facts of the case. 389. Dr. Mclntyre, in t.\ passage already quoted, refers clearly to this point, and the facl^ previously given in connection with changes in the rookeries further illustrate it, though ii is not at once grasped in an inspection of the seal islands for the first time, or ill one coiiliiied to a single perioil of ibe year. It is, moreover, very easily understood that any one with but a general remembrance of the former greater abundance of seals on the islandfc;, if asked to indicate the limits occupied by them and groping for some r ,< 1. fo tangible lucans of doiiijj so, should soizo iiiion the " grass limit " ns affording tliis incnns, and maintain that that limit is co-cxtcnsivc with the spread of the seals in tiic " sixties" or in the "seventies," as the case may he. 390. 'I'he hist locality aetiially found for ohserviug llic circunistanceHconnocted willi old scal-fre(iuenteii areas was thai of tlie important rookeries of Norlh-I'^ast Point. Tlio •' grass limit" was tliore particularly well nn\rluMl, especially in the UKnith of Septemhcr, and it was noted that the rocks «ith polished edges scarcely, and then only in a veiy slightly marked form, extended as far as the " grass limit," giving reason to helieve tlint the ground had been at no time thick'- or very conlinnously fre(|iienled hy seals to this limit. The nearly straight sh(ueline running eastward from llii'.cliinson Hill is almost, or practically quite, continuously occupied liy lueeding- seals, though these occujiy a mucli greater width in some places than ii others. .As early as the .'ith August, l^".)!. it was obseivahle from Hutchinson Hill, in connection «itli the general change in llie rookeries at about this date, that con.siderahle bodies of seals lnul worked hack in three places qu'te to the nuirgin of the "grass limit," and in a fourth had almost reached this limit. In thus working inland, the respective bodies of seals had formed foui " bay."," gradually narrowing toward the inner ends, whert> the greater number of seals were al the tiiiu! gathered, but of which the limits were (pilte distinctly marked by the llattcning down and partial disaj)pearance ol' the short grass, and the fact that mud and sand had been drawn over it by the restless movementof the seals. This observation aUnio was suHicieiil to indicate that even the i)reseni uninber ol" seals might naturally, in the course of a few years, work over eveiy part of the territory on the seaward side of the general "gra.ss limit," and that this liioit might thus be perennially nniintaincd. 391. When the same jiart of the North-l'last Kookcry was re-e.xamined in the middle of September, tliough there were still some large " pods " of seals scattered out as far as the "grass limit," the arrangement above described had partly broken up, and the "bays" were not so distinctly outlined, as recent rains had washed and partly revived the scnl-trodden grass hy which they had previously been marked out. The seals occupying the "bay" nearest to the base of the bill had. however, moved still furtliei- back, and were actually in occupation to the number of !.',()()(>, or thereabout.s. of an area of the longer and tussocky grass to the rear of the general "grass limit." At tlic same date, near the western Ijase of the long slope of Hutchinson Hill, a considerable area ol the shorter turf on the seaward side of the " grass iimir " was found to show obvions traces of having been occupied by a large number of seals for some days at least, though they had .subse(|uently abandoned it for sinne other locality. Here, again, one corner ol the area thus marktd out by recent occni»ation overpassed the " grass limit," and covered a superficies estimated at about ;"p().nOii xpinre feet of the loifg' tussocky grass, which showed no sign of previous occnpaticni by seaN. The shorter grass had naturally suffered more than the longer, being Ihiltened do\\n. partially >\orn oH'. and pressed into the nind The longer grass in the course of a year will proliabiy show no trace of its occupation. ;jPL'. i*assing now ti> several ehanges of tlie sanu- general character noted on the Keef Rookery :— As early as the ISth August, not only was a larger number of seals than before oI)served (mostly holluscbickie) seen hauled out on the outer part of Zoltoi sands, at the inner end of h'eef I'oint, luit they were also seatti-red in considerable numbeis far hack en the hill. There were in al! probably about o.tidO seals Ikmc at this time, and one-half of them were esliinatiHl to b:' " fcillabie ' seals. On the l.'itli (September large droves of seals were resting or travelling about all jiarts of the hare " i)arade ground" between the iJeef and (JorKileli rook»iie«i. which hud on ])revit)iis visits, six weeks and nine weeks hefon' respeetiAcly, been but scantily occniiied, and which, if noted only in the earlier j)art of the season, \\ould have been eharacteri/ed as an area I'raetically abandoned by seals. 'I'he only notable exception to this occupation was the grassy llat to the south- west of "Fox Hill." wfn";di for some reason was not I'lequenled, and shows little sign of having been much occupied either in this or former years. While, therefore, it migl'i easily have been assumed at earlier dales in the scasfore leaving this particular subject, it may be well further to mention that there is on the Nortli-East Point a considerable area of what may be called "spurious grass limit," to the west of the slopes of Hutchinson Hill, and extending nearly to Cros4 Hill. Here there is a flat, spreading hack from Mic beach and bounded on'tlic inland side by a low rise or stei). which might easily be mistaken for a very wide expansion of a former rookery ground, but which is in reality not due to any such cause, but is phy.sically difTerent. The higher llat, lunning inland from the step or low bank just np; tliis inoniis, the " sixties" 'onnoctoil ui(li it Point. Tho of St'ptcintx'i-, only in a vciy lo lioiicvc tliiit ilsloiluHliinil. is alnidst, or cfupy !i nnicli .\, lHi)l, it \V!IS 1 (lie rookoiii's 1 tiiroe l)la('^■^ •liod tliis limit, up," gradually •e at the tiuu; lattc.iinj^ down sand had hccn c "as sutlicii'iil ourse of a i'cu i,t'noral "ginss 1 in lliu middle id out aH far as n up, and the linrtly revived t. Tlu' soil Is od still fuftlior uls, of an aroii At the same derahle area ol show obvious ( least, thou>;li , one eorner of ," and coveri'd cy grass, which urally snllercil into the mud occnimtitin. r noted on I lie umher of seals part of Zoltoi rahle numhois tliis time, and ■ptemher huj^c nrade f;roini(l " six weeks aim )ted only in the ally abandoned t to the south- vs little si<>n of efore, it mi^l'i slopes of t'lO any now to lie resent eircuni- refcrrcd to, in cliicfly composed of loose, porous sand, a few feet oidy in tliiekness at tho (■(l"e but extcndiup; in greater or less thickness over a consideral)Ie portion of the interior of'^tb'e whole Morth-Kast Point peninsula. This is overgrown by rough, tussocky gra.s.s. between the edge of the step and the sea the superficial sandy covering has been removed, prohablv byth'-aclion of the wind ar^d sea in except ional.storm.s, and has e.xjiDsed a stony and houlderv lower surface, on which volcanic soil rather than sand is packed between the rocky fragments. All that part of the lower area which is grassed, is covered \\H\\ a shorter and yellower kind of grass. No distinct "grass limit " can, iherefore, be traced across it, aiid it is iinpossihie in this place to outline the ma.Nimum limit of seal occupation at any ijcriod except by the polished character of the rocks, a fealinc wliieli ceases to be i)b.servable long before the 'edge of the upi)er flat is reached. .'Mil. The general features here described are well shown in the sketch forming J'late IX in Mr. Elliott's Census IJeport, though in this sketch, for artistic ellcct, the horizontal distances are considerably reduced in iiroportion to the vertical dimensions. The sinuous line of the edge of the higher flat may be clearly Iraceii by (lie longer giass. .ind it is obvious (hat the seals did not ap|)roa'j|i this line t'ven at the time this sketch was nuule, or in '.H72-7I'. A photograph taken from the .same ))oint of view in IHJH indicates tlie structural peculiarities (.f (bis stretch of ground still more conclusively. ;'!.).■). it may theretore he stated, in concluding t!ie consideration of this subject, that neither the extent cf the seal-polished rocks nor that of the "grass limits "' in the \icinily of the breeding grounds, can he trusted to foi- llie purpose of giving information as (o changes in area cr position of ground occupied by seals in recent years, as contrasted with that at i)resent occui)ied. Far less can it be taken- to indicate in any reliable manner (he numerical decrease in the sea.s in these years, or be accepted in iiiaec of (he aimnal details on this subject which an intelligent supervision (>f the rookeries would have e.Micted as a matter of prime importance, hut which are unforlnnately wanting, and can only he in part suj)i)lied by incidental allusions or collateral oljservations which have ■been |)rcserved. Whether considered from a general point of view, or in the light of the lsj)ccial in(iuirics made in IH'J], such imlications as those above referred to must be [admitted to nuirk out oidy the nuixinnnn average limit oi' oscillation and range of seal loccupation during a very long peritni of years. While, therefore, exact rcceid surveys of the areas marked out by such "grass limits" or otherwise, in tlu; \icinily of rookeries, may possess a certain limited intrinsic interest, they can have a' soluti'ly no (i.seil \alue in connection with the practical nntlters under discussion. It is, in fact, largely (i ideas loosely based on the observable extent of ground which has at one time or another, but never .>imultaneously, been occupied by seals, that nuiny of the exaggerated estimates of (he amount of tl:e present reduction in nundjcr ol' seals in the islands may be directly (raced. {().]■ -Chniiijps in ITuhils of Ilic luir-acal in rerciit Yciir.i. .1i)r>. The systematic and persistent hunting and'slaug'iler of the fur-seal of the IS'oidi I'acilic, both on shore and at sea, has naturally and inevitably given rise to I certain changes in tbcMiabits and mode of lile of that animal, which are of importance iio'. only in thenii-elvcs, but as indicating (he efrects of such pursuit, and in showing in what particular this is injurious to seal life as a whole. Suel\ changes donhlless began more than a century ago, and some of them may he traced in the historical iirt'eis efse- ' where given (§ 7H:.' rt .syry.). It is mifortnnately (rue, however, (hat the disturbance to the normal course of seal life has become even more serious in recent years, and that there is, (herelbre, no lack of material from which to study its chnraetei- and ell'ect even at the j)re.sent time. 31*7. The changes in habits and mode of life of the seals naturally diNide them- .selves mto two classes, which may be considered .separately. '1 he first a'nd most direct and palpable of these is that shown in the increased shyness and wariness of the animal, which, though always pelagic in its nature, ha.s been 'forced by circumstances to shuii the land more than boto.re. so that, but for the necessity imposed njion i( of seekin-- tlie shore at the season of birth of the young, it might probably ere this have become entnely pelagic. Changes of the second class embrace those which bavo r-^iuU-d fVoni a disprop(utu)n of the .se.xes, produced by the continuous and excessive killiu"' of males of certain ages, and from new and more destructive methods adopted on The breediu'-- islands hetause of diminished numbers and other such circumstances. The increasing' irregularity and, overlapping in the ' husine^s in 1P84. In 1890, tliey fonnd tlic seals most plentiful to tlie north and eastward of the Islands of St. I'aul anil St. George, and distant from tlu'm from 35 to 00 miles, wliilc in former voars thov were most nhuncii.nt to the westward of these islands. j\11 their captains reported that the seals were as plentiful as ever in Jiehrinj? Sea, and attributed the comparalivelv small caiclics made to the rouf;li and fogpy weather tbat prevailed during- the igca.sou. Captain J. S. Cox, in a letter bearing the .samc! date as that from which 1 the above statements are taken, and addressed to the .same gentlcTuan, says that the masters t)f bis schooners report that the seals are not getting any scarcer. The liiuifcil catch made was, in their opinion, due entirely to the bad weather which prevailed in Heliring Sea during the sealing senson. They found the seals most I !)lenUl'ul to the cast of Si. Paul and St. Geori'c Islands. Messrs. Hail, (J(l'I)cI, land (-()., in a letter, dated the 1st November, 1890, and also addressed to ilr. Milne, [stale tliat the captains of their schooners found tiie seals to be as plentifuj as in any jprevions year, but that, owing to the foggy and boisterous weather encountered in |]Jehring .'-ea, very large catches were not made. 105. During the month of January 1892, .several captains of sealing- vessels, and [hunters on such vessels, were examined under oath by Mr. Milne at \'ietoria, and from [their evidcnci^ the following statements as to the relative abundance nf seals in ISOl, as [coniiiared with former years, are taken : — Mr. C. J. Kelly found the seals as abundant as formerly along the coast to the IShunnigin Islands. Captain Wm. IVtit followed the seals north from Cape Flattery, and sa,\s : — " I tound them more plentiful last year than I have any year since IS'sti ; that is, Ifrom Cape Flattery north In Behring Sea as plentiful as in former years |\Ve sji'v more last year than for several years previously." Captain \V. E. Baker reported the seals to be as plentiful along tiie coast to sliumiigin Islands as in former years, " in some jdaces more plentiful." He says : " \o Jjiaterial dilf'erence in my average catch for last four years." nM Captain A. IJisset followeil the seals north from Cape Flattery, and found them as ■pibundant as ever before. ;• Captain T. M. Magnescn says: — .. ' ,;^ " 1 think they " (the seals) '• were more idenliful last season than T ever saw them ^before .... Tlie biggest catch I have ever n)ade was last year, on the coast as well as in 15ebring Sea." Henry Crocker thinks, from what lie .saw of the seals, that '■■ they were just as many as before." liichard Thompson believed the seals were as plentiful as in the previous year. Andrew Laing had observed no decrease in the number of seals ; "if anything, ihey Iwere a liltle more numerous than in 1890." Captain W. Cox took 1,000 seals in four days. 100 miles to the westward of the iPribylolI Islands. Ho fomul the seals much more plentiful in Ik'hring Sea than he had lever seen them before. 400. Similar evidence of a general character, and confirmatory of the .statistics just |_quoted, was obtained by us in the antnnm of 1891 from a number of sealing captains 'and luntcrs, to the effect that the general exporiance was that .seals wore equallv or more |abundant at sea this year than they had been in former years. '107. 'Ihe actual success of individual sealing-vessels of course depends so largolv |nppn tile good fortune or good .judgment which'may enable them to fall in with'and follow considerable bodies of seals, as well as on the weather experienced, that iho figures representing the catch, compared to the boats or whole number of men emi)loved, consti- tute a more trustworthy criterion than any snch general statements. if '«■ [:i0oj L 2 Il, M tj 1 j I 1; ii T , Comparison between the number of Roats niul Men cmplnvod in tin; Fiit-st^al I'i 'imv nnd the number of Seals tnkcn. (Only Vessels siiiliny; fro n Victoria nro iu-jliidr I.) Yeiir. Xiimlicr NniiilKT (if Avi I'l^; ■ prr Sl'iilsi. Men. ]K'i' .Mini. S6 liuilt«. 123 Itoa'. 1887 .. L'0,'2fir. .1(11 KW 1HH8 .. '->l.3'i9 U2 6.5 170 11.! 18S9 .. 27,K()S 481 S8 17',) 1 111 1890 .. 39,547 (i(i3 .59 L>ll) KiO 1891 .. •19,613 081 •16 25.1 1.1 1* * III 1891, nciiily all llie pcliooin'rs were wattled out of liclifing Sou some weeks before the e.Niiirv ordinary iiuiiting aeason. || the 408. In consideriiin' the f;<^"t'"il l)carin^s of the above statements obtaiuL-d fidin pelagic sealers, and of tlie numerical facts derived from ar. analysis of their catch, it must bo remcmhercil that tlic vessels cngageil in sealin;;' arc able to carry on (licir wdrk wherever the seals may ho found, and that the tendency of the seal 1 1 keej) fiirliu'r friii the shores does not materially ad'cct their success, ft is otherwise with the indcpei'dcn: native hunters, who employ the shore as their base of operations, and it is tlierefon' ehietly from the observations made by these men that an idea can he formed of tlie recent changes in habits of the seals. It must be noted here, however, before (piotin;;' Uiis particular evidence, that circumstances of wind and wcntlier, as well as the ahundanco or otherwise of suitable food for the seals, liave a great eli'ect locally on tlie nuiii!)cr.s of seals of which the natives apc cognizant, and that it is, therefore, raliier on tiie genenil tenor of their observations than on any isolated notes tluit broad conclusions may ])v safely based. 400. In the Aleutian Islands, the natives quesiioned at Ounalaskii began by stating that the riimber varied much from year to year, but the oldest among the hunters siiiil that it had been about the same for the past live or six years. 410. At Ivadiak Island, Mr. Wa.shburn, the local agent of tlic Alaska Comm;irc:iil Company, expressed the opinion that seals were four times more numerous in the vicinitv of the shores of that island live years ago than at present, and that the number scon there had decreased nolably within the last two years. The seals did not now come in to the shores as before, and did not enter Prince William Sound in large numbers as tli'.\v had previously done, but remained at sea in the neighbourhood of the; l*orllock and other banks. 41 1. The same gentleman informed us of the interesting fact, related by the nalivi's of Kadiak, that one season, now many j-ears ago, several hundred fm"-seals hid formed .i breeding rookery tm one of the islands in Shelikotf Strait, but tiiat this attempt hi I no! been continned. In June or July 1891, one recently born seal pup had been seen with its mother near the shore, about 20 miles to the west of St. Paul on Kiiiiak Is'aiitl, I'his, however, was the only instance of the kind he could vouch for. 412. At Sitka, both Whites and Indian"., familiar with the sealing business, stated that the hunters emnpiained that the seals' were no.v wild and difficult to apiiroac'i, and united in altri!)nting the comparatively small native catcli of 1891 to this caii^i'. Tl;ey think that the number of schooners engaged in tiie fishery is tiie reason of thi^ increased wariness. Captain Morrisay stated that he did not think the seals were los. immeroits at sea this year than before, btit tliat, on the contrary, all accotin's sliow that they were more abundant than usual, and tliat a good catch would have been ohtaiiiol had they not been so much disturbed by vessels. The Indians aver that long ago the seals were very numerous about Sitka, and it is a tradition or legend, that in early tinu- they frequently landed on the i.slands in that vicinity. Within the memory of tiie liviiii. hunters, single seals had been seen ashore in various places on the islands off Sitka ami near Cape Edgecombe. Two years ago, a female had been seen on the beach on the outer side of Cape Ommeny. 41:3. Among the Indians from Klawok, an old man explained that in the time of hU great-grandfather there were vast numbers both of seals and sea-otters in that vicinitv, and that the old people said that in these times ihe seal gave birth to its young tiiore. He had never heard, however, tliat there were any special places to which the seals resorted for that purpose. 414. In the northern part of Queen Charlotte Islands, the Indians state that the teals hive now become so timid, that in a hunting season of two months they sometimes j 73 kill iihoiil (liiit\ seals only (o n cnnnc, wlicrens lliey foniicily were often ahic lo pet tlie M\re niim'jcr in tmo dny. When tlicy fir>-t bcfinn to Imnt senis systonintifiilly, tlicy ;;(nc'inllv K<'t "" ni ■"• or (i mik's fVoni (lie shore, wlicieas nt the present time they had to ■jH} 1 "i or Ji' miles. They attribute this clianj-e to llie schooners whieh Ihey kc ensa,rown hidls eomiii"; ashore in various ])hiocs on the v\est eoast of the islands in sprinp;. Not many years a^o. he h:ul seen a female with a recently horn \n\\) on the shore near Cape Kaigani ; and onee, Iniijr njro, ho had foimd a female seal in the act of fiivinp l)irth to two pni)s on Rose Spit, 'flu'se facts are of I'jirlii'ular inlerC't. from their heiirin;;- upon the statements quoted iiy Prol'essor ,1. A. All' II, in the ;\utiiority of Captain iiryant, now more than ten years at-o. for wlnle thev do unt directly confirm this statement, they tend to support it. Uefcrrin,;? to Captain ISryiUit, I'ridVssor Allen writes : " In his .MS. Report just received, lie states that a half-iiieed hunter told him that Ik; found in summer, on Queen Charlotte's Is'and, <:\<\\v s of these nnimals consistiuj;' of two or niore heiieli-nuisters, with n dozen or more females and ])ups, hut no half-giown males."* n,"'. Sjiealiin;;- of the same vicinity, and as the result of loni;; experience, Mr. Alexander Mackenzie said that, judi;in,!^ from the number of skins taken, seals wore less alnindaut than formerly in Dixon Entrance, but that the fact must also be taken into forsiderntion. that there were not now so many good hunters as before anions' tlie Indians. In 1SS1-S2 and 1SS2-S3 many skins were got, but in the years since 1885 the numl)er of skins had been smaller than before. •111). The Indian himters of the Tshimsian tribes say that before the seals were so much hunted, .'■ome of them used to give birth to their young on rocky islets in Hecate Strait. Living hunters had seen this. 417. At Ikdla-I'ella, the Indian himters .stated that ns long as they themselves could renieml)cr, scds were very abundant in that vicinity. They had gradually decreased in nmuber till aliout four years ago, since which they had been moderately abundant for three years, and in 1801 had shown a marked increase in number. T'liey sometimes, but yarely,%aw Koals, both nnilo and feitialo, coming out on the rocks. Two or three had at various times been killed on shore. 418. The Indians of i\a«itti, wlu) hunt about the north end of Vancouver Island, had no complaint to nake of .scarcity of seals. They said, on the contrary, that the himting further at sea by schooners had, they thought, driven the seals into the entrance of Queen Charlotte Sound in greater numbers than before. They had occasionally seen seals of d'tl'erent, ages sleeping on the rocks. 411). At Clnuxpiot Sound, on the west coast of Vancouver Island, seals were said to have been very numerous long ago, but to have been seen in smaller numbers for some ten or liltcon years past. At Ahousct, siUo in Clayoquot Sound, the Indians said they hud never seen or beard of seals coming ashore to breed, or for any other purpose. 420. At Neah Bay, near Capo Flattery, the Indians stated that the seals seen by them, in that vicinity, arc now fewer and more wary than before, and more difficult to kill. They have never seen even a single seal on the rocks, but always at sea. 4Ji. ]{eferring to the same place, Judge J. G. Swan writes, in 1880, that between ]S;'i7 and IStiG seals were very few, but that since that time they had appeared in much larger numbers. t 422. Mr. li. Finlayson and Mr. T. Moffat, both long identified with the Hudson's I5ay Company on the West Coast, believe that the fur-seals became notably more numerous in the waters adjacent to the coast of British Columbia about the time the Alaska Commeicial Coinpany obtained possession of the Pribyloff Islands. This ihey attribute to some ditlcrence in the mode of capture practised on tliese i>*lands, in conse- quenc( v'. "bieh the seals changed their former habits. Captain Bryant has also partial larly i I'crred to the abundance of fur-seals along the coasts of Oregon, Wash- ington, a id B itish Columbia in 1869. + 42^ ^SoK .:; years in which exceptionally large numbers of seals liave been noted along .aru. us parts of the coast of British Columbia are referred to in other parts of this report. (See particularly § 223.) 424. On another page, and in connection with the subject of the migrations and • " Moiiopraph of Nortli American Pinnipeds,'' p. 333. t " I'"i/"hrry InilualrlcD of the United Slates," vol. ii, p. 39-1. { " Mrnograph of North American I'iniiipeJa," p. 33'J. i IMAGE EVALUATION TEST TARGET (MT-3) // # .^ >^ ^ 4^0 1.0 I.I U|M tgi. ■^ U£ 122 Sf KS |2£ IL25 il.4 1.6 Hiotographic Sciences Corporation 23 WIST MAIN 'jJ *fiiT WIBSTIi.N.y. 145M (716) 173-4503 ";j^'^^ ^ *\^ ''>>^' ^v^ ^ npiippmii^«|pnmiPl^^np ^rm m\fm jpp,w*j|i'ji. "•fW^'JW!' tl 1 I 76 habitat of the fur-seal, Mr. J. W. Mackay hns been cited with reference to the former abundance of ttcala upon the southern part of Vancouver Ii-land. \\\» iiiformaiitH on thtH point were old Indian buntcrsi of the Senilis, Soolvc, and Tlalum tribef^, iiibabitin;:; the adjacent coastb, The followinn: additional Ntatcments by the same •rentlcmaii, IVom their bearing on ehnngoH in liabits of tlie seal, niu.v appropriately be iiicliuled iiore : " Tlii' IndiiMiH above quoted stated tiint the fur-seal bred on tbu lince Itoeiis, on Smith's Islam! (Wasliin^ton), and on several islinwls of the Gulf of (Jonrftiu. Tiiey used to have tlieii- younjf to «iihiu a recent jjcriod on the Haystack Islands, oil Cnpe Scott, Viiufou\er Isluml. It is probable that a few individuals still brei'il liicre, tiicso islands l)cii)«>' vcrv im.ccessible to small ciaft on account of the strong tides wnd cros^ emieiils which prevail in tlieir neijihbourbood." Mr. Mackay's authority lor the tirst part of the above stalemeiit are llie Indians previously referred to, and the matter must even, at the early date at which Mi\ Mackav first know tliem, have become traditional. ■!l'">. Under the headinj? of Migrations and Uanye (^171 rt nci/.), suHicient allusiftn to (ho former abimtlanco of fur-seals on the Californian coast, and to tlioir breeding places there, now appirenlly abandoned, J ;is been made. Furlher particular^ may he found in Scammon's work and elsewhere. 42G. From the foregoinfi: notes, it may be gathered that the iiicieasinn' timidity of the fur-seal has caused it almost completely to abandon its original habit of occasioiinlly landing elsewhere than on the nniin breeding islands, and has led, besides, to the probably complete abandonment of certain local breeding places where small numbers of seals resorted in former years. Not only so, hut the seals now shun more than over the entire vicinity of the coast, and are found at sea in undiminisbcd quantity only by the pelagic sealers, whose operations do not depend on proximity to the land. 'J'hc same instinct has its efl'ect also on the breeding islands, to the continuous harassing of tl/e seals upon which its growth is doubtless in large part due. On the islamls, it .-hows itself particularly in the late arrival, short stay upon, or contintied avoidaiico of, the shores by those seals not actually engaged in breeding ; as well as in erratic variations in proportional numbers of seals of difl'erent classes at various seasons. Tlieso ehiiigo-; cannot be wholly attributed to tiie operations of the sea-sealers, for ihoiigii not so striking on the Commander Islands as upon the PribylolF Islands, they are still observable there, Mioiigh the contingent of seals visiting th<^se is'ands lieloiig as a whole to a ditferent migration-tract, which hns scarcely as jet been touched by pelagic sealers. 427. The fact that the breeding islands are now inhabited by man, is in itself an anomaly, and particularly so when the protection of the seals on tlieso islands is combined with the requirements of a large annual .slaughter. Siuh circnnistances need to be hedged about with most rigorous i»rccautions, in order that t!;ey may lomaiii com- patible with the continuous prosi)ci ity of seal life. More care is taken it: (his respect on the Commander tiinn on the I'ribylolf Islands, but even there improvement seems possible. On the Comnnuider Islands, great precautions are observed to prevent the smell * tlic rcniiU of n better system of protection there, Micse animals still come to, the rookery grotinda instead of staying at sea; In 1801, a large number of females wcre^ observed ti) be without young both on Behring and Cojiper Islands. V.yj. In the eastern part of the North I'nciSc, the increased number- ot! barren; feniales has principally been observed by pelagic sealers. Thcii* statements on this Hulijc't, whether those ulready publixhcd or those oMnincd l)y ourselves -in conversation, nid of course of a genernj kind, but they show that while barren fcmnles arc more; conin-on than liefore to the south of Behring Sea, nearly all the adult females got in Bohriiig Sea itself are of (his ( '.*ss. The Indian hunters of the Queen Charlotte's fslniulH, moreover, informed us, without being specially questioned on the subject, that vonrs nirct the females killed by them were always with young, but that this was now no loDU'or (he case. Mr. A. Miickcnzie, of Ihc same place, stated (hat about two-thirds only of (lie females killed were with ymmg. 4^t\. Upon the rribyloH' Islnnils in 1891, we did n.)t ourselves note any great iibundnnce of barren females, hut the facts in this matter would bo scarcely apparent to those not intimately connected with the rookeries for more than ii single year. In his. ollicinl report on the condition of the islands in 1890, Mn Elliott stivtes that there were then 2')0,i)()0 females " not <)ea ring, or not served last year and this," but he does not explain in what way this numerical estimate was arrived at.* 434. One direct result of a paucity of virile males, is to bring about an irregularity and change of dates in the events of seal life, wliich is especially notable upon the' breeding islands in .in unwonted absence of the usual precisimi ami simultaneousness in these events. Instances of this arc found in the recorded history of the Fri by loff Islands,, elsewhere cited, and facts of the same kind are again markedly apparent at the present time. Such irrognlnritics follow from the circumstance that the |)eriod of gestation, ot the feiiiflle is nearly twelve nnrnths in length ; and that therefore any want of prompti* tude in reimpregnation carries the time of birth on to a date latar titan usiul.jn the. following year. It is easy to sec that such delay having once occurred, .tlic female, under (he most favourable circumstances, can only revert gradually and after several. years (n her original time; and that by a recurrence of delays in impregnation the ciinngc of time will not only be carried on from year to year, but must gradually depart more and more from the normal date. One impoitantefiectof the resulting late birth of. (he yeimg is to render these much more than othenvise open to danger of various kinds,, net onlv to (hat resnlting from inclement and stormy autumn weather ocourting while < they are yet too yonng to withstand it, but also from tlio cireuinstance that ihey-iiuut delay longer upon the breeding islands, and must i)erhftps in the end leave those islanda* before their strength is sufficient for the long southern journey. i'io. The best account of the nature of such changes in earlier years is that given. by Ihyant,. which Is elsewhero quoted in ab;)tract. TIms ehanges now apparent ou tjio. rookery ]^r()unds of (he I'rrbylofF Islafiuls, as compared with the- previously aesotibed.state. of these !>rounds, mid as ]>ointed out by those familiar wit4» blieni, am «biolly.uf. tho. following kinds : — Vi(\. A general deereasc in the nunyber of- seals.' which Is most marked in iho. iiispro|M)rtioiinlly small number of. lioUusehicJiic or males of an age of lesa than about fi years. Allusion has already been made to-thism- cennoc^tiv with tito niarlted iaercaMi:. in Mi/.o of the "harems" or cows held by a aiugb-ndult bull, in Jat4>.>yoaKS, ,'.It is.nlsu. strikingly a])parejit..whea tho present conditioiiii are contrasteil.with iii» doaor-ipiioua of^ former yenrs,in which the half-grovn but already virile bulls are represented as-haunting, the vicinity ehnrp^ethat it was useless and cruel- to lUlow it io^o further, 'l>e«*Ms&<»f tho- very. iwge< and constantly increasing numbers of non'kHlaMe «sals>wliieb were drivoo-aiid jredcivca.ta the killing grounds, in order to obtain a few passable, skins. On this subject it may liA. \rell, howoi'cc^ to- allow these ofikent who witi . jsed anil superinteitded' those killiiiga to speak for themselves. 437. Mr. C. J. GofT says : "Heretofore, it was seldom tliat more than 15 \\er cent, o I j .; li •1 if if' 1 '!■' ■y i ! i! ; • PnrliamenUry Piper [C. 6S6fl]. p. 61. »ii,iiWltJ|ipi'««li.L!liiJ^*"iUWi»WUIJi|»l§|.|p,^iLJ.J^.Jfl|l|lllJ^^^^ 78- all the seals driven the latter part of June and the first few dajrs in July were too small to be killed ; but this season the case was reversed [notwithstanding the lowering of standards], and in many instances 80 to 83 per cent, were turned away . . . The season closed on the 20th July, and the drives in July show a decided increase in the pcrcentagCH of small BcaU turned away, and a decrease in the killables over the drives in June, demonstrating conclusively that there were but few killable seals orriving, and that the larger part of those returning were the pups of last year." * 438. Colonel J. Murray gives an account of a meeting of the natives held for discussion in the same year and long continued, after which — " They unanimously declared that it was their firm belief and honest opinion that the seals have diminished, and would continue to diminish from year to year, becaus'^ all the male seals had been >>laughtered without allowing any to come to maturity for use upon the breeding grounds ; " he adds : " I am now fully convinced by personal observation that it is only too true, and that the natives were correct in every i)articular."t 439. Captain A. W. Lavender says : " The writer was surprised when ho first visited the rookeries to find no young bull seals upon them ; this looked strange to him, iind he began to look up the cause, and it occurred to him that the constant driving of young male seals, and the killing of all the 2- 3- 4- and £-ycar olds, that there were no young bulls left to go nn to the rookeries, and without young blood the fur-seal industry will be something of the past in a very few years." J , 440. Mr. H. W. Elliott, in his official report for 1890, remorksto the same eflcct on the exhaustion of the supply of young male seals, nnd their reduction to a '' scant tenth of their number in 1872-74."§ 441. It is further noticed on the islands that the rookeries are more scattered and less definite in outline than in former years, and that the remaining holluschickie tend to lie close to the rookery edges for protection, a circumstance which materially adds to the difficulty of collecting drives without unduly disturbing the breeding seals. 442. It is also generally admitted that the dates of arrival of the seals at the islandf, and especially that of the arrival of the females, is becoming on the average later each year. It is difficult to arrive at a precise statement on this subject, for obvious reasons, but some authorities place the average delay in arrival of females an compared with earlier years at as much as, or more than, two weeks. 443. On the Commander Islands, where the officers in charge were found ready to afford all information on such points with the utmost frankness, it has likewise been noted that the seals now arrive somewhat later than formerly. In 1891, seals capable of yielding 10 and 12 pound skins were about a week later than usual in reaching Behring Island, and the killing, which on Copper Island generally begins about the 1st June, did not begin in 1891 till the 22nd June. 444. Various other irregularities have also been noticed in late years in or about the Commander Islands. Thus, in 181)0, there were rather few holluscbickie, and females appeared in smallar numbers. Again, it was remarked particularly on Copper Island, that though there had been a large number of young born in 1890, yearlings came ashore in markedly small numbers in 1891. The natives professed themselves unable to account for this, but it is almost certain that the yearlings, in consequence of the unusually severe onslaught made on the seals in 1890, had simply remained at sea. This explanation is supported by the observation, that an unusually large number of scattered seals were reported at sea between Behring Island and the coasts of Kamschatka and Siberia, in 1891, by the vessels belonging to the Russian Government and Company. In 1890, again, according to Mr. Tillman, an unusual event occurred in the arrival of a number of holluscbickie and mature bulls quitu fat, at Copper Island, in August. Kis conjecture was that these might have come from the Pribyloff Islands, but it is possible that these aeals had merely remained fishing at sea until this exceptionally late date. 445. The general effect of these changes in habits of the seals is to minimize the number to be seen at any one time on the breeding islands, while the average number to be found at sea is at least proportionately, though, perhaps, in face of a general decrease in total number of seals, not absolutely increased. The regularity of the routes of migration has no doubt been also to some extent interfered with, and it seems probable that the seals may now be more widely scattered at sea both in their winter and summer habitatF. than formerly. 446. As to the eventual results of such changes in habits, if perpetuated and increased by the continued and further effect of the causes referred to, it is evident * Senate, Ex. Doc. No. 49, Slat Congreit, 3nd i?e«ion, p. 4. t Ibid., p. 8. I Ibid., p. 9. % P«rliaiueoUry I'aper [U. 6368], pp. 15, 16, 19, 31, S6, and 57. 79 that they must iiltimnioly he injurious to nil industries based on the capture of the fur- senl. It is ])rohnblc that the seals niijjht nltofjetlicr ceaFc to i'ic(|uont their iircsent hroedinff grounds in ninss, and instead, as has hcen recorded in tiie Fnlivlnnd inul other islands in the Southern Heniisjihere, scatter out to Ibim small irreguhiv Colonies beneatii cliH'K or rocks which are practically inaccessihlc to man. Tliey would thus doubtless manage to perpetuate their sjjccies, but the numljcrs might be very much reduced, so that the skins would cease to be a factor of commercial importance. The continued prosperity of seal life requires, from its peculiar features, above all things, complete regularity and protection tni the breeding places, and, dc])rived of these advantages, it lies open to many accidents and failures, whicli must affect it more prejudicially than can be determined from the actual numerical amount of the slaughter for skins. The extract from Scamnion's work, quoted in paragraph 399, is to the point in this connection. (P.)-F«r-s«'/« lireerliiKj on (he Southern Part of the North American Coant. 447- It is evident that many years ago a considerable number of fur-s«!als bred in various places along the western coast of North America, and probable that the seals so brceiiing did not take any part in the migration of the larger body to Hehring Sea. Statements previously quoted respecting the fur-seaU of the Californian coast show this, and the traditions of the Indians of the coast of British Columbia, particularly those relating to Kacc Kocks and Smith's Island, appear to have the same meaning. Judge ,). (i. S«nn has also collected much evidence to the same efl'ect, with particular reference to the vicinity of Cape Flattery, which may be found detailed in the •' Fishery Industries of the United States" (v«d. ii, j). 3!)3), and in the " Bulletin of the United Stales' Fish Conuuission " (vol. iii, p. 201). Some of his obKinvations \\v have been unable t«) confirm, but tlie statements since obtained from Mr. J. W. Mackay ^o far to prove that, in still earlier years tlian those referred to by Judge Swan, a certain iiuuiber of seals regularly occupied certain breeding places in the vicinity of the Straits of Fuca. 448. Once establislied, whether on the Californian or British Columbian coasts, such a race of southern-breeding seals must have become sub-permanent ; and, following the analogy of other rookery grounds, it is probable that the same animals tended each year to rcoccupy the same, or nearly the same, breeding stations. It is probable that these southern-breeding families may have been directly connected with the larger northern- breeding race, and it is at least easy to see \\o\\ they may have originated and been recruited Irom it. Females delayed from any cause, and giving birtii to their young along the coast to the southward, must often be served by young ma'i.'s, and irregular and too early service may also occur in many instances in the case of young females, or of those barren since the previous year. In all such cases of too early service, it would be impossible for the female to reach the Pribylolf Islands in time for the birth of the young, owing to climatic causes. She would, no doubt, remain with the other .seals till impelled by nature to seek the s!iore, and if in any particular year a considerable number of females collected together for breeding purposes, the males would doubtless soon find and follow them, and, if undisturbed, the family thus established might probably return to the same place again in the ne.\t ensuing year. 449. This reasonable explanation, at all events, accords with the facts ascertained, ami, moreover, in itself appears to have so much force, that even apart from these facts, it would be admissible to predicate the occasional birth of young along the whole extent of coa.st frequented by the fur-seal. It is further borne out by the actual existence of breeding rookeries situated ai(>ng or near to the migration route of the fur-seal on the western side of the Pacific, (i, till' arrival, in IWK). of a iiiimluT ol" fat iioUugchicitic and ndult males »in Copper iHland was accounted for !)) the Sii])erintendent there on the hypothesis that they had mij^rated (liitlier Cnmi tlie Prilivlotf Islands, tiiou^h in reality his knowlediso merely warranted the sinti'nu'nl that he did not know whence they came. It liaH often been elainied by persons interested in jiistifvini; the inetliods practised on the Pribylotl Tslands, that the eonlintied nbundance of >ealH on tiie (Hinninnder Islands is not due to greater ea;e tliere exercised, hut that tlwy have been rt-inloneil by accessions from the Pribylofl' Islamls, induced by the ojierations of pela<>ic sealers. ()ne writer, inde»'d, took occasion, as early as 18^7. io forosiall any adverse criticism which might be directed against the nietlioils and residts on t; c i'ril)yl< iitll.' has been placed on record in rej;ard to this particular question. e-| iaily in view df the iniixtrtance evidently attached to it by tlie gentle. men connected uitli the ('(iini)any whose statements have Just been referred to. Tiiou;;h unable t<> siiea'; from personal observati bo arrived at.J 4."i3. The in(juiries ami observations now made, however, enable it to be shown thai the fur-seals of the two sides of the North Pacific behmg in the main to practicalh distinct mif>ration-fract . Itotii of which are elsewhere traced out and described, and it is believed that wiiile toa certain eslent fransleriiof individual .seals or of small groups occur, probalily every year, Itetween the I'rihyloff ami Commander tribes, that this is exceptional rather than normal. It is not believed that any voluntary or systematic movement of fur-seals takes place from one group ot breeding islands to the other, but it is probable that a cimtinued harns-iiiii' of (he KealH upon one group plight result in a course of years m a corresponding gradual aecessiou to the other group. 454. There is no evidence whatever to show that any considerable branch of the seal tribe which has its winter home off the coast of British Columbia resorts in summer to the Connnander Islands, whether voluntarily or led thither in pursuit of food-fishes, and inquiries along the .\Ieutiau chain show that no regular migration route follows its direction, whether to the nortli or south of the islands. It is certain that the young seals in going southward from tlie Pribylotf Islands only rarely get drifted as far to the westward as the 172nd meridian of west longitude, while Attn Island, on the 1 73rd meridian cnsi, is never visited by young seals, and therefore lies between the regular autumn migration-routes of the seals ','oing from the Pribyloff and Commander Islands res[)ectivcly. 4 "i<». The price obtained for skins from the Commander Islands has generally been somewhat lower tinui that for the Pribyloff skins, hut this is believed to result rather from the les:i careful handling and preparation of the Commander Island skins than from any inherent inferiority. Uiuler tins belief, the Alaska Commercial Company at one time, in 187(>, sent Mr. I). Webster, their most experienced foreman, to the Com- mander Islands, to introduce belter modes of treating the .skins there. M. Grebnitskv, however, states that there is some actual general diflercnce in the skins, such as to enable them to 1)0 distinguished by an iwpert, and that be is informed that the Commander Island skins are more diflieult to •' imbair " in dressing. Snegiloff. the Aleut foreman in charge of the Behring Island rookeries, who had also been on the Pribyloff Islands for some years, stated that he had observed that in both .sexes the seals on the Pribyloff Islamls were somewhat .shoricr and stouter than on the Commander Islands, and that the Pribylotf seals have thicker fur and shorter hair on the belly. This he attributed to the circum- • St'C l:ilioU, "CoiHliiidii (,1 Affair.^ in .Alaslci" (IS/."}), p. -JCS ; .MilliT, Ilmise of Ilepresenlativfs, I{o|ion No. ma, iMh Cuii'.'ns- 1st Si'ssioii, j). 4"); liiiynilsky, Home n( Uppreien aMvo, Kepnrl No. EH"', ."iOth Congress, 2nil Ses-iui, |'. ]C; Williams, iiiid.. |i|i.'77 and 78; Elliolt, United Stiiles' Census Ileiiort, pp 69 nnj 157. t "I'isliery Industries of liie United f^iatci," vol. ii, p. 361. I Pfp rspccinlly United Ftntes* Census Report, p. 69. stance that the scaU stay longer ashore on tlic I'ribyloff Islands. He wiid further, that on the Commander InlandH the females are Inr^ur, and the mature males, or " Hcacatuliie," often become nearly white ahout the maui>.H with afxv. He added that on Uobben Island, ill Okotak Sea, the seals have Htill lon^r^.r nud thicker hair than on the Commander Islands. 4dG. Ah there is a considerable range of individual diversity, particularly in iiolouratioii. among the seals of any single locality, it vould require i:iucli longer and tnoie detailed examination than \vc ourselves were able to itiuke, to verity these state* mcnts; but it appears to bo piolmble that there is actually a slight general varietal difference us between the tribes fre(|Uonting the two principal groups of breeding islands, whether tl>is is due to causes such as those above refened to or other circumstances. The amount of interconnection belwee:i the twn groups is tloubtless, however, sulHcieiit to prevent any very striking or permanent peetdiarities wen of a varietal rank to grow up. 'io7. iSonie evidence not without importance in this connection is allorded by a comparison of the diagrams elsewhere given and representing the number of seals killed each year on the two groups of islands. Though atfected by other causes as well, this number may be taken in a very general way as a record of the state of the rookeries as a whole, and the correspondence of the lines in the two diagrams is thus significant of connection or of co-operating causes. (R.) — Conditions iill'ectiny the Scti'Otlet' and Sea-cow, contrasted with those affecting the Fur-seal. 4i)>*. It has often, but incorrectly, been stated that the fur-seal of the North Pacific is in «langer of " extermination " if measures be not taken to preserve it. The question is, however, not one of exteimination, if by that term the extinction of the species is meant. The breeding Colonies of the analogous species in the Southern Hemisphere, once exploited and harried in every conceivable way. and without law or hindrance of any kind for over tifty years, chieHy by New l-jigland vessels, have, in no known instance, been absolutely destroyed. Long before tlie point of extermination is reached the killing of the seals, by whatever method practised, ceases to pay. Kxtermination is finaneiully impossible, and therefore need not be feared. This is well enough understood by those best informed on the subject, and it is no sentimental dread of the extinction of a species which appeals to the imagination of the persons immediately interested in the breeding islands, but rather the practical destruction of their profitable monopoly of the scaling business of the North Pacific, Depletion, or great reduction in numbers, together with changes in habits of life, such us have been already indicated, are sure to he tlie result of continuous indiscriminate and unrestricted slaughter and hunting of the fur-seal, but not extermination, 'i'o precisely what point the diminution in numbers of the fur-seal mij;ht go before the increased average price of the skins ceased to com- pensate for the reduced aggregate number taken, it is impossible to say, but that such a point would eventually be reached is proved by all experience. This experiment, how- ever, it is hoped, is one which need not be tried, for. as already made apparent, the fur- seal, by the nature of its life and habits, otters ] eculiar facilities for the exercise of a I'lilional protection under which it may remain u source of profit to the hunter, while at the same lime affording a continuous yield of skins intrinsically valuable. 4od. I'lom this point of view, the sea-otter {Enhydra tnariha) is an interesting case in point, 'i'his animal has played a prominent port in the discovery and history of the North i'acitic. Its skin was highly valued long before that of the fur-seal was considered of any worth, and owing to its iutrin.sic talue as an article of dress, its cost has continued to increase in a greater or less degree with its increasing .scarcity, .so that at the present time skins of the fust quality are worth in Ijondon 700 to 1,000 dcdlars each. Surely, it' it were possible to cxierminate a fur-bearing animal of this kind, the sea-otter should long ago have met with tluit fate, yet it has been hunted for more than a hundred years, and is still a chief object of pursuit of many hundreds of natives. too. Originally, this animal frequented a large part of tin; west coast of North .\nierica, together with the east coast of Asia, and all parts of the Aleutian, Pribyloflf, Commander, and other islands. Its limits have now been much reduced, so that it is rarely found on the coast of British Columbia or anywhere to the south of iSitka, and has altogether disappeared from the Pribyloff Islands, while on the Asiatic coast it has similarly ceased to be r natter of comu^ercial interest in the Kurilu Island chain. Although in the early part of the present century it was taken hy thousands in certain localities, a few hundreds arc now considered an excellent catch for a considerable [a06] . M 3 l» fl m ' I' 82 I ■ ' i i ! i ;i district. It is to be remembered that the diminution of the Hcn>ottcr has been tlic result solely of operations conducted from the shore, [n (ho old days the otter wns clubbed, speared, or shot on the beaches, and afterwards fium etn{|;es or from canoes close alon^ the rocks and beaches. 461. 'J'he sea-otter possesses, however, one important advantage over the fur-seal in the nature of its procreation. The young arc born at all seasons of tlie year and not simultaneously, and it is not necessary for this animal to resort in large numbers to particular breeding places, or to remain on o- about such places for any considsrablo time. Its disadvantages as compared with the fur-seal arc that it is not properly a pelagic animal feeding upon migratory fishes, hut, on the contrary, subsists chiefly upon sea- urchins, molluscs, and other such creatures, which are only to be obtained in the immediate vicinity of the shores and their adjoining rocky {mtches and kelp beds. 462. As a result of its diminishing numbers, and the greater activity of the huntcrii, it has withia historic ♦imes not only greatly increased in wariness, but has also very markedly changed its habits in directions similar to those in which a change has already become observable in the case of the fur-seal. In earlier years, it frequented the rocky shores, and was frequently found on the land, forming in some instances veritable colonies or "rookeries," comparable in some respects with those of the fur-seal. The young in those days were probably always horn on shore, and it seems further probable, though not proven, that many of the so-called "kitchen middens" of the Aleutian Islands, composed almost entirely of the shells of echinus, and attributed by Dall to the prehistoric Aleuts, really owe their origin to such pre-historic sea-otter cidonies. At the present time, it has become an event of extreme rarity to see a sea-olter anywhere on those shores, and, so far as the natives who spend their lives in hunting the animal can ascertain, the young are now almost always brought forth on floating masses of kelp. 403. The sea-otter, in fact, appears, as the result of persistent hunting and of tlio efforts and instinct to elude pursuit, to have reached a practically irreducible minimum, at which it is likely to remain unchanged unless new factors enter into the problem. 464. The non-pelagic character of the sea-otter, however, renders its protection a matter of comparative facility as contrasted with the fur-seal. A strict i)rcservntion. for instance, on the Sannakh Islands, which still constitute one of its remaining favourite haunts, would, without doubt, result within a few years in this group being restocked with an abundance of sea-otters. 465. Probably, the only remaining notable colony (or rookery, as it is called from analogy with the breeding places of the fur-seal) is that which is now strictly prescr/ed by the Russian Government on the north-west point of Copper Island, of the Commander group. The sea-otters are reported by the Superintendent of Copper Island us increasing here from year to year, though a limited number is allowed to be taken liy the natives each year, and though the natives are permitted to shoot, during the winter and in the absence of the fur-seals, any sea-otters found to the south of Matveya Point on the east coast, and a designated point somewhat furth.cr to the southward on the west coast. To the northward of the line thus defined, no shooting is at any time allowed for any purpose whatever. This reserved area thus comprises about live miles of the northern end of Copper Island, with Sulkovsky Point and the Bobroti rocks and reefs lying off tliis point. Here the sea-otters are taken at designated times and under Government supervision in twine nets, except in certain years in whic!> the natives get a permit to make a drive of otters upon the rocks, and kill them there with clubs like the fur-seals, Ihis was allowed in 1890, and twenty sea-otters were got in the drive, though more might have been secured but for 8(»me mistakes which occurred during the operation. One hundred and eighty sea-otter skins in all were obtained from Copper Island durinjj the year 1890. 460. Vigilance is required in guarding this sea-otter colony from raids, and it is said that in 1887 «)r 1888 Captain Snow, in the schooner " Nemo," from Yokohama, and flying the British flag, attempted to raid the place, but was tired at and driven oti'. Snow was reported wounded, and two Japanese sailors killed. Since this time no raids have been attempted here. 467. Near Cape Lopatka, the southern extreme of Kumschatka, a sea-otter colony or rookery existed till recent years, but it was raided and destroyed by vessels from San Francisco between 1880 and 1882. There is also stated to have been a similar colony at Pirat, or Yellow Cape, not far from the last. An effort was made to protect this by stationing a number of Aleuts at the place to guard it, but many of these people died, and the remainder were withdrawn at their own request, after which the en made by the Uniteti States' Government to protect the sea-otter. Section V,».»i) of the Revised StatiitcM of the United StatcM provides that no person shall, without the consent of the Secretary of the Treasury, kill ^ny otter, mink, marten, sable, or fur-seal, or other fur-beaiing animal, within the limits of Alaskii territory, or in the waters thereof. This is further explained by a Treasury Department Notice, dated iMst April, 1870, which reads as follows: — " No fur-bcarini( animals will, therefore, be allowed to be killed by persons other than the natives, within the limits of Alaska territory, or in the waters thereof, except fur- seals taken by tlic Alaska Commercial Company in pursuance of their lease. The use of firc-nrms by the natives in killin<^ other than during the months of May, June, July, August, and September, is hereby prohibited. No vessel will be allowed to anchor m the well-known otter-killing grounds except those which may carry parties of natives to and from such killing grounds ; and it will be the duty of the officers of the United Slates who may be in that locality to take all projjcr measures to enforce all the pains and penalties of the law against persons found guilty of a violation thereof. White men lawfully married to natives, and residing within the territory, are considered natives within the meaning of this Order." 4G!>, Iiu|uiries at Ounalaska. however, show that no attempt had been made to enforce the law against the killing of fur«seals by the Aleuts in that vicinity till 1890, when instructions wore received that it must he enforced, although no means were proviiled for its enforcement. The liw against the killing of sen-otter and the ruling as to tlie nxmlhs in which fire-nrms shall be prohibited in hunting this animal is also, as a matter of fact, inoperative. The prohibit<>d months include all those in which it is prni'ticully possible to hunt the sea-otter, and it is well understood that if the Aleuts of the Aleutian Islands were interfered with in this, their only means of obtaining a living, tliey must either suffer great hardships, or their support must be undertaken by the (Jovernment. 470. The sole instance of the actual extermination of an animal of the North Paciric within historic times, and (mc of the very short list of such cases of extermination till; world over, is that of the Khytina or Steller's sea-cow (Rhytina Stellerl). it ia instructive to allude to this instance, because it becomes obvious that it was entirely t)win<>' to the great differences in habits and the very restricted range of the animal, as compared with the fur-seal, that its extermination became possible. 171. This sea-cow or manatee was found in great numbers on Behring Island, and to some extent also on Copper Island, at the time of the discovery of these islands iu 1741, i)Ut scarcely, if at all, elsewhere ; though Nordcnskiold conjectures that it may within historic times have al^o occasionally visited the Kamschatkan coast. 472. It was a large, slow, clumsy, and incautious animal, which fed chiefly along the shores upon marine algte; and being found easy of capture and good for food was per- sistently attacked by the early Russian navigators, who often visited Behring Island for tiie sole purpose of laying in a stodc of its flesh. From the accounts of these voyages, it seems first to have disappeared froto Copper Island, and subsequently, about 17G8, less th.in thirty years after the discovery of the islands, it became extinct, also on Behring Island.* 47''). It is stated that Itrandt expresses the belief that the Rhytina formerly, and in Die-historic times, not only frequented the coast of Kamschatka, but extended also as far ns the coasts of China and the northern islands of the Japanese group, and to the western islands of the Aleutian chain. It thus appears to have already been naturally verging towards extinction before it was at all pursued by man. In a paper read before the Uussian Impel ial Geographical Society in March 1884, Dr. Dibofsky expresses a similar opinion. Mr. F, VV". True writes as follows respecting the causes of its extinction : "Tlic most generally accepted notion is that the rate of capture much exceeded that of the increase of the animal, and that extinction followed as a matter of course. Nordens- kiold, however, and in a certain way Brandt, also avows his belief that the sea-cow had gotten out of harmony with its environment many years before the Russians discovered it, and that its extermination would have occurred within a comparatively short time without the intervention of man. The fact that in Steller's time the range of the animal was much circumscribed seems to give weight to the latter view."t * Karon Nora ■Dfkiiild foiinil aome fusion '.o believe thai a single indivlJual of thi sea-cow was seen as latt 19 the yt'ar l8J4,biit Dr. L. Stejurger, first in the" l*rocuediiig!i of the United States' National .Museum," vol. rii, lti-'4, p. Ibl, and at later dates in the " American Naturalist," vol. xxi, p. 1047, and " American Geographical Soriety Bulletin," No 4, It: 86, has advanced strong reasons to show that the animal actually became eilinet M 176«. t "Fishery Industries of the United States," vol. i, p. 133 See alio Nordeiuki&ld'a "Voyag* of tb« V«|a," tfol. ji. m (K.) — Breeding Plitcex and liegorln of thf Fui-geat on the U'egtern Side of the Norlli Pttcifir. 474. The purniiit of the fur-seal on tlic western or i\t skins a-year, at others oidy 5,(K)i). Last year (1H87) stringent prohibitory laws were jjassed by the Japanese (lovernment, and very few skins have come forward." Very little else has heen published on tlie subject by any one of authority. Jiul in addition to the results of much coirespondence, otHcial and private, and gathering together of scattered references, wc have had the advantage of making the acquaintance of men experienced in Hcal-bunting antUn seal localities in this portitin of the Pacific, and have thus been enabled to put together a sufficient body «»f information to convey sufTieient accounts of the rise and progress of the sealing industry in these vaters. 476. Among the points of .special interest to our present purpose are : — the growth of the industry ; the similarity of conditions prevailing on this side of the Pacific; the dissimilar circumstance of (he absence of pelagic sealing; (he very destructive effect of raids upon breeding rookeries; and the attempts at regulation and control by both the Japanese and Russian Governments. 477. After the middle of the eighteenth century, British vessels, especially under the auspices of the Kast India Company, extended their voyages from Bombay and Calcutta or Miicno to the coast of Kam.M-liai.ka, and along the Aleutian Islands into Behring iSen. and as far as the north-west coast of America, in search of furs. Such voyages were made in 17W0 and in 17Mi-H7. Tiic-e Kiiglisli traders iit once encountered (be claims of (be Russians anti the Spaniards to (lie sole right tu navigate and trade in those seas, a claim then successfully contested and tacitly or explicitly ignored about lUO years before the officials of a territory belonging to the United States seized British vessels for engaging in similar enterprises in those waters. 47B. The furs (bus obtoiiied hy the l^ritish were taken to the Chinese market. The Russians were quick to notice this, and in due course obtained from the Chinese autho- rities an interdict against the landing in China of any furs from the islanila and shores of the Eastern Pacific. In the event this proved but a parlinl restric(io:i so far as the English were concerned, for they commenced n( once (o turn (heir a((ention to bringing 10 (he Canton market the fur-seal of the southern seas, and this highly proiitable trade thus started flourished from about the year 1703 until 1835. 47'.). Meanwhile, however, in the Northern Pacific the Russians were active. In 179!) a charter was granted by the Czar to the Russiaii-Aiiierican Company, giving them control over all the coasts of Aniericn on the I^icific north of latitude 5.5" north, and this Company, extending its operation!^ under BarauofT and other leaders, acquired a wide dominion. In the course of a few years, English and American vessels established almost a monopoly in the supply of goods of all sorts to the lius^-ians and their natives, the return trade being mostly in furs for the Canton market. In 1811 the firm of Astor, of New York, made a .special contract to supply the Russian Company with provisions, payment being taken in furs lo be hoM in Canton. This enterprise took the name of the Pacific Fur Company, and the two Companies undertook, besides this mutual trade, to prevent the natives obtaining any liquor, to a^si.st each other against all interlopers and smugglers, and to respect each other's hunting areas. In the following year these rights and undertakings were bought up by the North- West Fur Company, of which the head-quarters were in Montreal. 480. Thus, the English were in the North Pacific taking seal-skins from the south seas to Canton, and also tradin- - generally in furs, right away to that portion of the * Parliamentary Paper [C. 6 131 J, p. 178. t Houu of Repreteiitativcii, aOtli CoiigrcH, Snd Seasion, Report No. S883, p. I H. ■■i ■■««" 8« North Pacific which tiibitcquently bccAme known ah HohrinK Soa, on a w('<'iilually declined, in conse- (luenee of the lessened number of whales ; but iietween 18 ll> and 18(10. there were about ,'UK) vessels ruder the United States' tia;;, besides Itrilish, Kreneb, Oldenbui*;', Danish, and other vessels. Many of the Hritish vessels came fiom Hobart Town and other places in Australasid. 4b2. Hut the tnr-seni of the North Pacific remained in great measure a monopoly ot the iiussinns until towards the middle of the nin«teent)i century, and then, by reason of its becoming a welUasccrtained fact that the supjtiy of seal-skins from the Southern Ocean bad practically ceased, English and other nations also turned their attention to the supply of seiil-skiiis from the North Pacific. 4S:). It is neceswiry to bear in mind that the commercial importance of the skins of the fur-seal of the North Pacific is thus of recent origin. In the well-known "Penny ("vclopavlia," published so lately as IS4:.*, the seal is described as follow^', and it is stilted lliat 110 market value is attached to the skins of the adult: — " Aniorpiihnlw iiisiniiK — Islands on the north-west point of America, Kamschatka, and tlie Knrile Islands. This is the Oliniii iiisinii of Uezmaest ; Phorii iirsinn of Linntcus, &c. When these migratory seals appear off Kamschatka and the Kuriles early in the spring they are in high condition, and the females are pregnant. They rotiiain on or iihout the shore for two months, during which the females bring forth. They are polygamous, and live in families, every male being surrounded by a crowd of females (from fifty to eighty), whom he guards with the greatest jeolousy. These families each, including the young, amounting to joo to 12(t, live separate, though they crowd the shore. himI that to such an extent on the islands off llie north-west point of .\nierica, that it is said they oblige the traveller to quit it, and scale the neighbouring rocks. Both male and female are very affectionate to their young, and flerce in their defence; but the males are often tyrannically cruel to the females, winch are very submissive. . . . The skin, which is very thick, is covered with hair There is a very soft, brownish- red wool close to the skins The skins of the young are highly prized for clothing." 484. Upon the Commander Islands, until the year 1H68, nothing was thought worthy of capture except the grey-pup seals, while on the Pribyloff Islands and along the coasts of ^N'orth-West America the skins of the fur-seal were considered as hardly worth the taking. For instance, in lElio skins were bartered by the Kussian Government in the Sandwich Islands at an average rate of 1 dol. 75 e. (7».) ; in China, at Kiatcha, at from I dollar (4».) to 1 dol. 40 c. (0*.) ; while the prices given by the Hudson's IJay Company at Port Simpson were, so lately as 1850, only 1 dol. 50 c. ((i,*.) per skin. 486. A few years later, however, more attention was given to the northern fur-seal, and we find vessels from all quarters, including Honolulu, cruizing round the iVortli Pacific, endeavouring to trade for, or take, seal-skins. Seal-hunters followed in their track, bringing with them the traditions and experiences of the south seas summed up in the idea of taking the fur-seal as and when it came ashore. Writing in 1870, Professor Dall describes the Harbour of Chichagoff, in Attn, as a notorious smuggling centre for furs. Such was the general aspect of affairs by the middle of the present century in the North Pacific. 486. In the more westerly portion of that ocean, from a variety of sources, and especially from the special report supplied to us by Mr. de Bunsen from the British Legation at T6ki6, and a memorandum obtained from his (jlovernment by Viscount Kawaze, Japanese Minister in London, we have a tolerably complete account of the fur-seal fishery on the coasts of Japan and the Kurile Islands. 4^7. The seal fishery is an old-established industry in Japan, and particulars arc on record dating back to the middle of the last century. The skins were obtained about 1750 and 1760 from Horoiiioshir, Makarura, Shimsir, and Urup by the natives of Itrup and Rashua, using arrows, harpoous, and nets. In 1800, we read of a regular sealing establisboient being set up in Itrup, and carried oil for years with success r'-l '1 m I Tlio Rcal-skins wore uhiirI1,v hiiitcrctl nt Nn^iHnki to the Chinese. The Oovcrnmont m tliCHe yours mirohnMod the skiiiH from the nativcH. nt tlio fixed rates of Oo and 4C sen for the l)eHt ami medium tjuality nkinH roHpeetively. During; the sucecetlin^ yoars, Russian sultjects ;;radually pimhcd Houthward down tlio Kurile group, and much oompetitidu and even eonllici resulted in rival endenvoins to Nceuro seal-skinM. At tliis period, the Itussians lH>gan (o send furH to the Oliina market dircet to Peking through the great mart eHtahlished at Kinteli, in Kasteni Silieria. 488. Ahout the year 1805, the .Inpancso Government found itself foreed to deni with the incrcaHing numhcrs of foreign vcshoIh — chietty KiisHian, Hritinh, American, ami Dutch — which hegnn to visit their coasts, and fre(|Uont the hays and harhours in (piest of marine products. 480. As early as 186'J, the Japanese Colonial Department set up a branch cstablisli. ment in the Island of Itrup, with the special object of carrying out the measures established to protect the Japanese coast fishing against foreigners. The old seal-skin rcgnlations were revived and the Government price trebled. In 1873, Commissions were set up specially to prevent seal poaching and sale of seal-skins by foreigners. Much trouble was occasioned by the foreign vessels, which usually claimed the right fo remain in the bays and barboins. on the plea of stress of weather or need for wood ami water. This necessitated a man-of-war being sent up, and, ultimately, a special cruizcr was detailed to the Kurile Islands for the sealing season, viz.. May to October. 4!I0. In May 1874, the Government issued regulations to control the fishery aroiiml the Hokkaido (Yczo) Islands, claiming jurisdiction within u limit of two and a-half miles from the shore, and statirg '• if any foreigners be found fishing within the above-mentioned limits, they shall be arrested in as peaceful a manner us possible and sent to Hakodate, accompanied by guards, and delivered to the Consul of the country of their nationality." During these years, foreign vessels were frcqaenlly eii'-ountered engaged in sealiii;;. Hesides many vessels from the United States, a Danish vessel, the " Mattee," and others, are mentioned. In 1875, on Itrup, the Russianj actually commenced putting up hufs, as did the Aniericans at a place called Maroko, lOr the purpose of killing seals. They were, how- ever, arrested and sent to Hakodate. 401. The head-quarters of the Protection lr of Ycor. Foreign Venels cngancil ill S<>aling. Vcnr. cnua({i|)erntioiis to raids in and around llobben Island and the Commander Islands, especially tiuriiig the tcnipqrnry absence of the guard-ships. Several schooners came from America every autumn for scaling purposes, but not one of these vessels was ever employed in " pelagic " sealing. COO. It is certain that these schooners could not have been worked at a profit unless they had taken ten times as many skins as are reported to have been landed at Hakodate iiiul Yokohama. Hut it is almost impossible to form a correct estimate of the total, catch, because the vessels sometimes bring to Japanese ports skins of seals raided from tlie liu^sian shores, and sometimes ship seal-skins thus obtained to Europe or China without bringing them into a Japanese port, even if only for transhipment. 501. Of the extensive and wasteful slaughter on the breeding places included in the territorial jurisdiction of Japan, many interesting though incomplete records were oblnincd. Captain Miner, of Seattle, a particularly well-informed sealer, had frequently been to these rookeries. The Alaska Commercial Company, he stated, had obtained seals from Ushishir and Srednoi in 1882-83. In 1884, he heard from the natives, of a rookerv at Kiknka, a small inland near Mattoo. There he secured 4,600 skins, but news of this Iiaving become public there were next year six schoonere at work there, and the few seals left were killed off by the Japanese Marine Products C<)ia'i)any which now lenses the island. h{)2. Captain Snow, the well-known sealer of Yokohama, took in one year (1881) 7,000 seals from Srednoi Rock alone. Next year he found none there. The natives of Urup Island always had seal-skins to sell, and this led to the Alaska Commercial Corn* pnny ai)d the schooners searching the neighbourhood, but the island being low and l)ehind others was very difficult to find. In the following year (1887), he secured 2,000 seals on Ushishir Island. Such are some of the examples of the wbolowle slaughter if seal on these smaller, but prolific, rookeries, L305J ^ m I 'I Ui If 88 fi03. The Japanese Goverr.ment was not slow to appreciate the gravity of the case, and the Agricultural Department was prompt to report that the promising annual catch had snddcnlv decreased beeai - ) of this indiscriminate slaughter on shore. 504. An Imperial Decree was issued on the 23rd May, 1884, forbidding the hunting of the fur-seal in Japanese waters except by persons with a special permit. This was supplemented on the 16th December, 1880, by Regulations issued by the Imperial authorities under the inmiediate supervision of the Governor-General of Hakodate. 606. These Regulations, in brief, enacted: — (i.) No fur-seal may he taken except between the 15th April and the 31st October. (ii.) No fur-seal may be taken outside a defined area. (iii.) This area is divided into three portions, in only one of which is seal-hunting ]iermitted in any given year, the other two divisions benefiting by two years of rest. (iv.) All vessels engaged must be specialljf licensed, and conform to special regula- tions, and fly a special flag. (v.) All skins brought to market must be stamped at certain ports. There is no specified limit to the numbers of licences, but the iss'iing authorities wduld exercise discretion in the matter. 600. The Nipon Marine Products Company, of Hakodate, with a capital of 12.5,000/., was formed to carry on whalmg and the capture of sea-otter and fur-seals. The Company purchased three schooners of about 70 tons each, manned by crew.s of twenty-five men, for the purpose of killing seals on these hauling-grounds, these being the only vessels which have as yet taken out the necessary licences. These three vessels were reported to have taken si.\ty seals between tlicm in 1891. aOT. Last year three "foreign " vessels fitted out in Yok(diama, but their destination was to the north of the Japanese waters; and two, the "Arctic" and the "Mystery-," were captured in t!ie late autumn by the Russian gun-boat " Aleut " raiding Robben Island, having killed 1,500 seals. 508. It would appear that the somewhat elaborate Regulations set up by the Japanese Government in 18SG have been as yet practically inoperative. It is reported that the Government ves.sel, the " Kaimonkan," detailed to enforce these Regulations in 18S)1, as a matter of fact never left her station at Nemuro. It seems probable, however, that, with the exception of the local shore fishermen, no one else has been inclined to seek for seals among the.se Japanese islands since the rookeries were depleted in 1881-82. 509. Apart from the Commander Islands, the most importnnt breeding place of the fur-seal in the Western Pacific at the present time is undoubtedly Robben Reef or Island, named Tucelen or Seal Island on Russian charts, lying off Cape Patience, on the east const of Saglialien Island, in Okotsk Sea. This is a low, flat, rocky islet, destitute oi' haven or convenient anchorage for vessels, about 1,800 feet only in length and not more than 50 ♦cot in greatest height, surrounded by shingly and rocky beaches. What little is known of its history is perhaps particularly interesting, in showing how persistently the fur-seal may continue to resort to its favourite haunts in the face of slaughter and disturbance provided these are not actually continnous. When first discovered, it is reported that the seals frequented all parts of the periphery of the little island, but especially the east and north-cast sides; at present, in reduced numbers, tiicy congregate chieHy on tiie south-easterly beach. 610. According to Mr. D, Webster, now employed on the Pribyloff Islands by the North Anieiican Conmiercial Company, Robben Island was cleared of fur-seals hy raiding vessels in 1851-63, and was thereafter not again visited l>y sealers till he himself went there in 1870. The slaughter here referred to is no doubt the same with thrt mentioned in greater detail by Scammon, who says, however, that it occurred in the "midst of the Crimean War" (probably, therefore, in 1851 or 1855). and was carried out by a clijjper bark sent there by * an enterprising firm in New London, Connecticut." He gives some further particulars of this raid upon Russian territory, and adds that a valuable cargo of skins was obtained, which brought an unusually high price in tlie European market because the legnlar Uussian supply was cut off by the war.* Webster thinks that after the above date the seals gradually increased again \n number, but nothing is known of the conditions till he himself visited Robben Island in 1870. Webster did not name the vessel in which he visited the reef, but it was probably either the "Mauna Loa" or "John Bright." as these two vessels, nominally engaged in whaling, are known, from information afterwards obtained from M. K luge pn Copper Island, to have raided Robben Island in that year. Webster, at this time, according to * •■ Marine Mnmmalis," pp. 149 to 1 HI. 80 his own account, assisted in taking 15,000 skins, tliougli Kluge's estimate of the number taken was 10,000. Webster further informed us that he had hoisted the United States' flag on the island, and though warned that it was Russian territory by a vessel {of that nationality, he paid no heed. A little later, however, a Russian Government vessel appeared, and the officer in command ordned him to leave within twenty days, lie had already sent most of the skins to San Krancisco, probably on one of the vessels aht)ve mentioned, but continued killing until he had taken about 2,000 more skins. oil. In 1871, this island, with the Commander Islands, was leased to Messrs. Hutchinson, Kohl, Phillipeus, and Co., who transferred their rightw to the Alaska Conuncrcial Company. Mr. Kluge went there in the same year in the interests of the lessees, and found that, in consequence of the raid in 1370, there were not over 2,000 seals to be found on the entire island. The island was watclicd in that year, but no seals were killed. A few may have been killed in 1872, though, if so, the number is not known ; but t'lom 1873 to 1878 rather more than 2,000 skins were on the average taken annually by tlie Company from this one small reef. 512. About the year 1879, schooners, sailing from Japan began to frequent the island, and were in the habit of raiding it in the autumn, after the guardians had been withdrawn. In 1881, the Company's agent remained on the island as late as the 5th November, at which date five or si.\ Japanese schooners w ere still hovering about, locking lor a elinnce to land. The Dutch sealer "Otsego' was warned off by the Company's trading steamer " Alexander." In consequence of such raids, the ;^number of seals declined from year to year. 510. Probably discouraged by the cost and difficulty of protecting the ii^land, and in 01 ilcr to prevent competition in the sale of skins, the Company in 1 8S;J made a barbarous attL'nii)t to ixtirpate the seals on it. A full account of this attempt^is given in the (U'p(.>ititin of C. A. Lundberg.* wiio arrived at Pobben Island in the schooner "North Slav'" from Yokohama, and found 'he mate of the schooner "Leon," a vessel in the iMnploy of the Alaska Commercial Company, living on the island with about fifteen Aleuts. Lundberg found a great mass of dead and decaying seals upon the shore, which liad been killed by these men, as they said, in order to " keep any of those Yokohama t'cli()»s (mm getting anything this year." The crews of tlie " North Star" and another sclioonor. the "Helene," tlien set to woik to remove the carcasses, which included those of ninny females and young, and proved to number between 9,000 and 10,000. In the jivoci'is, they managed to pick nut some 300 skins in good condition. " There were tliousnnils of seals in the water, but they would not pull out on the beach on account of the stencil and filth. We washed the beach as clean as we could, and turned the gravel (ivcr as far as we were able. Shortly a heavy gale came on, which washed the beach quite dean again, and the seals then began to pull out. ' 514. We .were also informed that Captain Hansen, afterwards master of the German schooner " Adele," was present on this occasion. Captain Miner, an experienced scaling- niastcr of Seattle, also visited the island in the same year, and described to us the great heap (if carcasses which he found on the island, and the manner in which the skins had been slashed in order to render them useless. 515. In 1884, according to Mi. Kluge, the Russian Government stationed a steam launch at the island for its protection, and in the same year four schooners, inclnding the German .schooner "Helene,'" were captured there by the Russian man-of-war •' Rashonik." 510). In 1885, the launch was replaced by a force of twenty Cossacks, but these were withdrawn in September, after wliich raiding schooners again appeared. In that year, there were not more than 7,000 or 8,000 seals in all upon the island. From 1885 to 1890, no Bkins were taken by the Company from the island, but in tlie last-mentioned year 1,452 skins were taken. The guard was, however, removed from tiie island between the 12th and the 15th October, and after that date the island was raided by schooners, one of these, renorled as hailing from Japan, and said to fly the United States' dag, being the chief offender. These schooners must have obtained at least 4,700 skins, for when the island was revisited early in 1891, that numiier of carcasses was foiuid upon it, and these were buried in order to avoid the effect which tiieir presence might have in preventing seals from again landing. 517. In consequence of this heavy slaughter, but 620 skins were obtained by the Company from i'le island in 1891, and Captain Brandt, of the Russian gun-boat " Aleut," estimates the whole number of seals present on the island at this date at about 16,000. In October 1891, Captain Brandt returned to the island in the "Aleut" when not expected [306.1 * Pariiaiueolary Paper [C— 6131], p. 3U3. N S mmmmm^pmrnmrwumr^ ' n Ihcro, nnd captured two raidinf^ vessels from Yokohanin, sailing under the British flag, nnd at the time in possession of 1,500 fur-seal skins. Captain Blnir, of the Company's schooner " Leon," further informed us that there were at present about twenty-five females to each adult male on the islands, a proportion of males which he, from long experience of tlie sealing industry, considers to be far too small. One of the difTiculties found in guardii g this island i.^ due to its small size, in con- sequence of which tlie mere presence of guardians on shore tends continually to disturb the seals. 518. Passing to the coast of Kamschatka, from mv ious good authorities on tiie Com- mander Islands and at Pctropaulovski, it was learnt tlint there is some reason to believe that a new breeding place of the fur-seal has been established nenr Cape Stolboi or Cape Kamschatka. Females with young pups have been scon off this part of the coast, and an attempt was made in 1800 to examine it in boats, but was frustrated by stormy weather. 510. At Cape Tshipunski, also on the Kamschatka coast, M. Grebnitsky. the Superintendent of the Commander Islands, stated that he saw breeding fur-seals in 187!) or 1880. though it had been ascertained in 1877 that there were no seals there. Subsequent to the time of M. Grebnitsky's visit, the incipient rookery was destroyed by hunters or by raiding schoolers. 520. From the vicinity of Cape Kamschatka north-eastward to Baroness Kort' Gulf, a stretch of coast exists which has been entirely uninhabited for many years, and about which very little is known. The former inhabitants were killed off by snmll-pox, according to information received in 1786.'' Karaginski Island lies off this pnrt of the coast, and here it is reported that numbei's of seals were seen in former years. 621. It seems certain that the killing and liarassing of the seals which has been so actively carried on for the past ten years or more from the .Japanese coast, along the Kurile Islands, has had the effect of causing these animals to wander further afield than before, and more or loss instinctively to seek lor new and secluded breeding places. 522. Thus, the Lientennni-Govcrn' r of Pctropaulovski, who is well acquainted with the northern coasts of the Okotsk,So;i. informed «s that up in the north, off the Ola River and in Tausk Bay, tiie natives have noticed the fur-seal since 188G, though not before, and that fishing-vessels in these waters occasionally secure one or two. It is also known that fur-seal occasionally haul out at various points, although at none are they known to breed. Captain Brandt, of the Russian gun- boat '• Aleut," again has liimself recorded as a new feature seeing several fur-seals off Point Povorolny, near Vladivostock, and states that seals are sometimes scon at Capo Seritoko. 523. The facts relating to the Asiatic coast of the North Pacific, outlined above, showing as they do that several outlying rocks and islands in various latitudes, and affected by somewhat diverse climatic conditions, have beep :)r arc resorted to by the fur- seal as breeding places, and that new places of resort may i)e chosen by that animal, go far to prove that it is to the continuously inhabited character of the Aleutian Islamls, and other islands along the American coast, that the absence of such breeding places there at the present day must be generally attributed. This is fully borne out by the notes alrerdy given with respect to former breeding places on the Californian and British Columbian and Alaskan coasts, and may be adduced in favour of a belief that with proper protection new rookeries might not improbably be established in suitable places, provided there be no disturbance or slauglitor by man. 624. This is particidarly worthy of consideration in the case of the Aleutian Islands, where, in consequence of the now very small and still decreasing number of natives, it would not be difficult to set apart reserves for this purpose, as well as for the propagation of the sea-otter. The greatest difficulty in the case of the fur-seal would doubtless be found in the matter of inducing the first colonization of such new rookery grounds, but as it has been shown that the smell of the formerly occupied rookeries is one of the chief — if not the chief — attraction to the first-arriving seals, and as this smell ]s inherent chiefly in the soil of these rookeries, it is perhaps not unworthy of conside- ration whether the transfer of portions of this seal-impregnated soil, and its scattering over suitable places — particularly such as lie near the migration-route of the seal — might not lead to their occupation. In any case, such reservations would soon be colonized by the more widely wandering sea-lions and hair-seals, and the security and increase of these would probably after a time have the efi'cct of producing a sense of safety which might * Buoroftt howavw, givei tbi* jrMr at 1768. "HUtory," toI. Msiii, p. 164. iii 01 iiuluco the fur-senl to tako up its abode there at the bree'liiig season. The piincii.al ohicctioii to experiments of Huh kind would be the cost of alfording tlie necessary protection, but if such ii-lnnds were also stocked with and preserved for the blue-fox, tiio snlu of the skins of this animal might alone, in the course of a few years, be sutiicient to cover a large part of this cost. •,*••„ r>2o. Similar measures would, ot course, be also worthy ot consideration in the case of various places on the slioies of British Columbia, or on the Asiatic coasts of the Pacitio. Xl,__j}.vnvBs OP 'riiE Coasts of British Columbia and Al^^ska diuectly ISTKUKSTED IN TNnEl'ENDENT SeALINO. METHODS OF HUNTING", AND NUMBEll TAKEN. 5'2G. The native peoples of the west coast of America directly interested in the fiiptuic of the fur-se;il are the following : — 1. ^leut. 2. Eskimo, or Innuit, including Kaniagmut, of Kadiak Island and vicinity, and Ci)n"'a-Chiuniut, of Prince William Sound, with probably some other tribes of lesser importance. a. 'fiie 'I'linkit. or Koloshan tribes of South-eastern Alaska, 4. The Haida. of the Queen Charlotte Islands; with the Kaigani, of the southern extremity of the Alaskan coast-strip. it. 'i'he Tshimsian, of the inner coast of Hecate Strait. 0. The Hailtzuk tribes, to the south of the last. 7. Tlie Kwakiool tribes of the northern part of Vancouver Island. 5. Tlic Aht, or Nootkiin tribes, of the west coast of the same island, and including liie linjjuistically-identical Makah, of Ncali Bay and Cape Flattery. n'27. All these people have known and bunfeil the fur-seal from time immemorial, and in all cases either within the limits of what has been referred to as the winter liiibitat (if the seal, or along the course of its northward migration-route. So long as tlio breeding islands remained nninhabiiod by man, the seal was practically exempt from hisat'.iU'ks in its summer habitat. .Oi'8. Tlic amount of the interest of these native peoples in this pursuit has naturally varied in aceoidance wilii changing circumslanccs, and has, in most cases, been notabljf stiniuiatc'd by tlio higher prices which have ruled for skins within the last twenty years. Tlieir ai)original modes of hunting the fnv-seal arc somewhat varied, including the spear, bow and arrow, ret, and clid) ; but in most cases tiie gun is now the weapon employed. "iL".'. .ilfiits. — The liunliiig of fur-seals by the Aleuts inhabiting the eastern part of the Alcutiiin chain has already been referred to in connection with the migrations of the seal. Tiie Aleuts of Iliuluik Settlement at Unalaska, stated that they generally got twenty or thirty seals in the early part of the summer and when on iheir way nortli. 'liiey are engaged in hunting the sea-otter at this season, and take a stray seal if they lind it. Such seals are generally got along the southern side of the islands, but the seal- hunting season proper is in the autumn. In hunting seals, these natives employ the same nietiiods as in sea-otter hunting, 'fhcy we a " bidarka," or light skin-boat, in which tiiey sometimes go as far as 25 or .''.0 miles from land. The spear, launched liy means of a throwing-stick, was foiinerly most employed, but is now being superseded by the gun ; loadeii with buck-shot. Tliey generally shoot from a distance of 40 or 50 yards, and have plenty of time to imddle up in the bidarka and got the seal before it sinks. The dead seal h taken eitlier with the hand or by means of a gaff carried for the purpose. [Grey i)ups always lloat when killed, being veiy fat. An old male, or a female over two i years of age, generally sinks when shot, particularly in the autumn, when seals of these kinds arc thin. A female with young may sink, but more slowly. These natives, iiow- ever, aftirm that they never Icsc a seal if killed. Mr. Dirks, now agent for the Alaska [Conunercial Company at Alka Island, states that when previously stationed at Sannakh Islands, lie has seen the Aleuts there pursue and overtake fur-seals in their light [biilarkas, a feat which would be inijossibln v/ith any boat. iViO. Nets were fovmerly employed by the Aleuts of Unalaska and neighbouriiig [islands for the capture of sea-otter, fur-seal, and hair-seal. These are described as [having been from 20 to 30 fathoms in length. Such nets were set about the rocks, [generally a n)ile or so from shore. They arc still used on the Sannakh Islands, but have [elsewiiere been practically abandoned in consequence of the increasing wariness of the iBca-ottcr. b'i\. The fur-seals killed ^ y the Aleuts afford practically the only flesh meat which ipvuiii III iiiniiijijiipppppptniR they are, under ordinal^ circutnstanccH, able to obtain, and, as food, iirc lii<<:hly prized liy thein. In 1890, for the first, time, the United States' Government prohibited the killinj,^ of fur-Hcals by tlic Aleuts of tlie Aleutian Islands, but this rule ha« so far been practi- cally inoperative, in consc(pienee of the want of means for its enforcement. diJ. The Aleutian Islands were originally thickly inhabited, and settlements existed on nearly all those of considerable size. Soon after the Russian discovery, measures were taken to concentrate the Aleuts in a few islands, where they nii^ht be more easily controlled. The decrease in number of inhabitants bus since then been con- tinuous, and the number of inhabited villages i.s now sn)all. In the eastern part of the chain the following jdaces arc still inhabited, and (o all of them the remarks above mado. with special reference to Unalaska, are equally applicable. On Unalaska Island. lliuluik, Makushin, Kashegn, Tshemofsky ; on Spiskin Island, Burka; on .Akutan Island. Akutan ; on Akun Island, Akun ; and on Umnak Island, Nikolsky. 633. The most westerly of these villages is that on Umniik Island. The next permanently inhabited place is Nnzan Bay, Atka Island, ;?10 miles further west, and beyond this there now exists but one permanent settlement, that on Chichagott" Harbour, Attu Island, at a further distance of no less than 480 miles. The .Aleuts resident at these places, however, during the summer months, hunt from island to island along almost the entire chain, with all parts of which they are consequently more or less familiar. o34. At Atka Island, fur-seals are occasionally seen. In former years, they some- times were observed to pass on their way north betuecn Atka and Amlia Islands, but uever of late. Grey pups are not infrequently taken about Atka in November. Tlu- Aleuts here do not make a business of hunting the fur-seal at any time, but when seen kill them with sea-otter spears. The flesh is prized for food. At Attu grey pups aiv never seen, but larger seals are occasionally got. They are generally sjicared, as nt Atka Island. The spear employed in both cases has a small detachable ivory or copper head, and is impelled by means of a throwing- stick. The bidarku is used in hunting by these as by the other Aleut tribes. 5'^5. Innuit. — The Kaniagmut Innuit people, inhabiting Kadiak Island, kill a few fur-seals in tlic earlier part of the summer, wliesi they are engaged in hunting the sea-otter. They employ e grey pup?i and yearlings. About two years ago, scaU iipnenrcd in grctit num])ers. In a good season, 200 or 300 skins are secured at Klawak, for whieli 11 dollars to 9 dollars is paid by the traders on the spot. The flesh is some- times eaten, but not now so much as formerly, th<»ugh the fat is still prized ns food. 541. IJaida.— In the northern part of the Queen Charlotte fslands (lying off the nortliein extreme of the const-line of British Columbia), Masset is now the principal Indian Settlement. Here the Haida people who formerly inhabited permanent villages nt Virago Sound, North Island, and elsewhere, now centre, though still resorting for purposes of hunting and fishing to their old homes. Inquiries made at Masset among the Indians (including Chief JIdensaw, an old but very intelligent man), with other infor^ ntntion o'olained, enable the following statements to be made respecting fur-seal hunting by the Haida people. 542. About the beginning of the present century the sea-otter was very abundant, niid was systematically hunted. Fur-seals were often seen, and, when required for food, wore shot with arrows tipped with the bone of the whale, or speared, though the skins at tl'.at time were of little value. About the year 1846 (the year in which Fort Victoria was established), the Haida first began to make a business of hunting the fur-seal for skins. Guns were employed from the first in this hunting, loaded either with buck- shot or with " trade bullets," three to a charge. At first comparatively few skins were oof, but for the past fifteen years a considerable number has been obtained — in two of these years 1,000 skins or more. In 1873, a post of the Hudson's Bay Company ivas established at Masset, chiefly for the purpose of buying fur-seal skins from the Indians, and the increased activity of the local hunters coincides with this date. The Indians Hrst saw schooners engaged in hunting off this part of the coast about thirteen years ns'o. 543. The hunting season is the spring and early summer, and most of the hunting is (lone in Dixon Entrance, where the himters have a good chance of making the land safely, either to the south or north, if bad weather comes on. They know that seals arc ()ften abundant in the open ocean to the westward, but seldom go far out in that direction because of the danger of being blown off and lost. North Island is a favourite starting-point for the hunters. 544. In hunting there are usually four paddlers in a canoe, and one m n to shoot. When shot through the head, and at once killed, the seals frequently sink, and long ago hunteis often lost seals in this way ; now they spear the seals as soon as they are shot, and seldom lose any. The males are the most apt to sink, while females with young always float. Mr. R. H. Hall, formerly in charge of the northern coast posts of the Hudson's Bay Company, who has himself been at sea with the Haida when hunting, as the result of his own experience^ states that if a seal is lightly wounded with shot it {generally escapes, as it is then impossible to overtake it with a single canoe. If severely wounded or killed outright, the seal is seldom lost. After a short time the body ocnerally begins to sink ; but "an Indian killing or badly wounding a seal is pretty safe to git it." He has seen three seals shot, and two of them left floating till the third one fired at was ^n- .<.d up. 545. The Indians spoken to were unable to give a percentage ratio of seals lost when shot, but in urdor to reach some conclusion on this point, with regard to these particular Indian hunters, those who had lately killed considerable numbers of seals were specifically questioned with the following result : — Hunter No. I. — In the hunting season of 1891 got 21 seals ; lost none. Hunter No. 1. — In the season of 1890 got 38 seals; lost I) in addition. Hunter No. 2. — In the season of 1890 got 37 seals ; Inst'hone. Hunter No. 3— In 1889 got 126 seals ; lost none. Hunter No. 4. — In 1 889 got 90 seals ; lost 3 in addition. The Haida seldom ship as hunters in sealing schooners, but the two last- mentioned catches were made in connection with a schooner on which these hunters were engaged, and most of the seals got were taken in Behring Hea, " too far from shore to see the land." They are noted here as indicatin,^; the skilfof the Haida hunters. 540. Chief Kdensaw explained that long ago, when ships flrst began to come to buy sea-otter skins (in the latter years of the last century ana earlier years of the present century), his people were well ofl', getting plenty of good clothes, &c., in exchange for these skins. When the sea-otter became very scarce the trading vessels ceased to come, vi^' ipi^viliipplppppp «MP ■npwnp mmmmm 04 «nd for many years the Haida were vci v poor, and had to return to the use of skin clothing. Their condition has, however, improved again in later years, partly because of the money they are able to obtain for the fur-seal skins, 'iMirlly on account of the growth of other industries along tlie coast in which Ihoy can engage. The Haida generally, complni/i tliat the continued Ininting of the fur-seal has caused it to keep far off shore, and has rendered it so sliy, that it is now b. "coming ditKcuIt to earn money near their homes by hunting the seal as before. They are, in consequence, obliged to leave their homes in .search of other work. Bi'i. The above notes refer particularly to the northern part of the Queen Charlotte Islands. Special inquiries were not made among the southern Haida tribes. Many years ago there were numerous village communities scattered along the outer west coast of the islands, but these have gradually abandoned this coa^t, and coalesced with the larjje communities of ihe eastern coast. It is, therefore, )iow difticult to obtain facts respecting the outer coast, wliere, however, in connection with the sea-otter huntinj,', many fur-seals were doubtless formerly killed. The Haida cat the llesh of the fur-seal, and esteem it highly. 548. Tshinisian. — The principal fur-seal hunting station of the Tshimsian trilies proper is upon Zayas Island. Tliey hunt in the spring, from this place as a centre, in the eastern part of Di.xon Entrance and northern part of Hecate Strait. Till about thirl}' years ago these people never systematically engaged in hunting the fur-seal, though tliey knew that their neighbours, the IJaida, long before this took fur-seals. Eaeh hunting canoe is here usually manned by four persons, and guns appear to have been employed from the beginning of the systematic hunting by the Tshimsiaus. Buck-shot, or trade bullets of twenty-eight to the pound, three to six in a charge, are u.scd. Three canoes hunting from Zayas Lsland in 1>*!J0 obtained catches of seventy, fifty, and twenty- eight skins, respectively, during the season. The trade prices paid for these skins on the spot in 1891 ranged from 3 dollars to 3 dol. 50 c. for "grey pups " to 17 dollars for best skins. The number of skins got in various years depends of course on the abundance of seals and the character of the weather ; but there is also a great difference from year to year in the number of hunters, governed by the prices of skins, and the wages offered for other work. Probably, about 200 skins are taken each year at present by these Indians, but as these arc bought by various traders, it is difficult to get exact figures. 549. A spear or hook about twenty feet in length is often used to recover the seal when sliot, and the Indian hunters questioned stated that they had never lost a seal when killed. 650. The Kitkatla tribe of the Tshimsians, whose permanent village is situated on Goschen Island, are noted as fur-seal hunters, though, because of the facility in obtainins; employment with regular wages, in late years they liave not paid so much attention to this hunting as before. They resort to Uonilla Island in the seal-hunting season, and in 1 891 there were there seventy hunters with their families. Ilie number of skins obtuinod this year was, however, small, as most of the hunters suflercd from the influenza epideniic. Generally speaking, about 300 skins arc taken in spring and early summer. 551. These people hunt in Hecate i^traif, and their mode of hunting is the sanu- as that practised by the Tshimsians proper. A few of the Kitkatlas have been employed on sealing-schooners for the past four or five years, but no large numbers from any of the Tshimsian group of tribes engage in this species of hunting. Mr. R. Cunningliuni, who has been for twenty-five years familiar with the Imlians of this tribe, states that the seals do not usually sink at once unless the breath escapes from the body. 652. Huilzuk. — The Hailzuk tribes, of the vicinity of Milbank Sound, resort cliieily to the outlying group, named the Goose Islands, at the seal-hunting season in sprimr. A number of these Indians, including several well-known seal-hunters, were inlervieHid at nella-Bella. They stated that in ancient times the fur-seal was killed by their fore- fathers only for food. Sea-otters were abundant, and the skin of the seal was not if much value. When a frnxseal was killed, it was kei)t only if fat. The flesh \» sometimes eaten still, but not .so much as formerly, ihousrh the fat is always kept for food. The best part of the seal for food is the flipper. Before guns were in common use, the spear was employed exclusively in the pursuit of the sea-otter and fur seal, bat now one hunter only still continues to use the spear. They began hunting fur-seals as a business about twenty years ago — not so long ago as twenty- live years, which they remembered because of the small-pox. Guns are now employed, loaded with buck-shot, or with three trade bullets. They hunt only in their own canoes, with two to four men in eaeh canoe ; and in these they sometimes go so far from land that only the mountains about Cape Calvert remain in sight. Occasionally they spend a night at sea. 552*. The seal is sometimes shot from a distance of not more than 20 feet, when I mmmm 90 sleeping, but often at much greater distances. It is taken into tlio cnnoe witli the liand, or. 'f beginning to sink, a hpcar or gatf is used. AInles sink more frequently than fcnui les. ,'53. Tiiose people were unable to Htate any definite proportion as between the seals recovered and those lost by them, but they are not accounted very skiliui hunters. The largest number taken by a single canoe in one day in 181)1 was eight, and in this case two liiat were killed were lost in addition. About 300 fur-seal skins in all were obtained by the Bella-Bella people a' one in 1891, which was a good year; and nearly all these were brought in by their own co-opcrntive store, and sold afterwards in Victoria. The hi'fhest price they got at Victoria was 10 dollars. The Indians here voluntarily expressed their willingness to conform (o any laws made as to the killing of fur-seals, but requested that they might bo informed in time. 554. Kirnklool — Nawitti, on Hope Island, at the northern end of Vancouver Island, is the place most noted as a '.entre of fur-seal hunting among the Kwakiool tribes. The people heie hunt principally in the winter, and do not resort to special hunting stations. Tlicv start on hunting trips very often from Nawitti village itself, and bring largo quanlities of seal meat, which they relish as food, back to this place. They hunt in their own c.inoes, and few oF them have ever been employed on schooners. Nearly all the men engage more or less in hunting at the proper season. Spears were formerly used ill hunting, but guns arc now always employed, though the spear is still made use of to recover the seal after it has been shot. Ti?e seals shot sometimes sink before they can ])ick them up, but this happens chiefly when they are shot in the bead and killed at once. Mr. A. W. Huson, who is familiar with this part of the coast, states that in some years he has himself obtained in trade as many as ICO skins from the Indians of the Nawitti village alone. r>''^>. Fur-seals are also hunted by the Quatsino, Klaskaino, and other tribes of the Kwakiool family, but the numbers obtained by them are not known to be considerable, iiiul time did not admit of special visits to the'r villages. 5uG. Akt. — The Aht or Nootkan tribes, inhabiting the whole of that part of the west coast of Vancouver Island to the south of Cape Cook-, are the most noted of the British Columbian Indians as e.vpert fur-seal hunters. The Makah, of Cape Flattery, in the State of Washington, are a detached tribe of the same stock. These Aht people furnish by far the larger part of the Indian hunters employed on sealing schooners, and have to a great extent abandoned their original method of sealing in canoes from the shore in consequence. The number uf skins still obtained by them as independent hunters is, however, not inconsiderable. 557. They are chosen as hunters for the sealing schooners in preference to tho Indians of the northern part of the coast, partly because of their experience and dexterity in the use of the spear, but also because they are accustomed to hunt in eoaiparatively small canoes, requiring fewer men, and taking up less room on tho schooner's deck. 'J'he northern Indians require larger canoes, and usually no greater number of skins is taken by a large canoe than by a small one. It is true that the spear [has, even among these people, now been largely replaced by the gun, but, meanwhile, they j have become familiar with the method of hunting from schooners. Still another cause is found in l!ie fact, that the Ahts are by no means so favourably disposed as other ! coast tribes toward devoting themselves to regular occupation, such as cannery work or oiJS. The Ahts are divided into a large number of tribes and village communities, [ from many of which details as to seal-hunting have not been obtained, but the following I notes on some of them may be taken as examples of the whole : — Hunting in canoes from the shore is still practised at Nootka Sound, where the I hunting season embraces about three months of the later winter and early spring. The hunters go out a long way from shore, and, when the weather is fine, sometimes stay two days at sea. The skins obtained are disposed of to various traders, but, in -11 probability, about 200 arc got at this place annually. One of the hunters said that about twenty years ago he had himself secured 260 seals, but as the prices were then very low, he I obtained just 1 dollar each for the skins. 539. At Clayoquot Sound, the Indians stated that in the times of the grand-parents [of the present generation, fur-£cals were valued and hunted only for food. They were then always killed with spears. Independent hunting with canoes from the shore has fallen into disuse for the last seven or ten years at Ahouset village and Clayoquot proper, respectively. The Indians from this vicinity now hunt oitly from schooners, and many are so employed every summer. Long ago many of them were drowned when hunting independently, and this mode of hunting has come to be considered very dangerous. [306] mm '^^M^i^ffPPn^i^nPiPPpniii|PIPIPiipi««iiii^^ i tt ^it ' li I : i- .--»H 90 At the present time, 1)oth iho gnn and npear are employed in talcing geals, according to circnmHtanccH or the hnlnts of the individual hunter. 500. At Harclay Sound, the Fniliaim of several villages wtill engage to a conHidernlile extent in hunting in tlicir own canoes from (he shore, hiit they are also in many cnsiH employed on sealing-sohoonors. The ninuher of seals tnken hy them in independent hunting varies hetween wide liiuils from year to yeiir. In the spring of 1891, ahoiit 1,800 skins at least were taken to Vietoria from this vicinity, all ohtained in this wny, The spear is usually employed still in proferpnce t<» the gun i»y theHO hunters. 661 . The Makah Indians of the neighbourhood of Cape Flattery are great seal-huntcrn, They themselves now own three small schooners, which are registered at Port Townsend. Some of them go every year in schooners owned by Whites, but the old method of independent hunting from the siioro is also still practised. Two or three men generally go in each canoe, and occasionally stay out a night at sea, where they are frequently as far as thirty miles from land. They usually still spear the seals, whether hunting indc- pendently or from schooners, though the shot-gun is employed by some of the hunters. The older men think that shooting is had, hut the ytmnger men have taken to it. 'i'lu' spear used has two prongs, with iletachahle harbed heads. It is about .ifteen (oet long, and is thrown from ti;e hand, wltiionl a throw ing-stick. the butt end being flat and widened, with gron-L"* cut in it for the fingers. This same type of spear is employed by all tlie Aht people. J3t)2. The old men say that before they were born (say. about si.\ty years ago), tlio fur-seal was hunted for food and clothing, and was abundant ; but on several occasions a number of Indians lo^^t their lives at sea while hunting, and. consequently, for about twenty years the hunting was practically given up. About tlie time liie small-pox came among them (probably in 18J2. as ascertained from otiicr siurce?) hunting began again. and has been continued ever .since. They tliiidv that it wa^ about twenty-live years ago (§ 580) when they first knew of Wiiiles j^oing to sea to bunt the fur-seal. Nearly 1, QUO fur-seal skins arc annually got by the Makah Indians, but a coneiderniilo proportion of the whole ninnber is obtained by them in their schooners along the coast to the northward or in Ik'hring Sea, so that the precise number taken in the vicinity of their own territory is ditticult to ascertain. Nearly the whole of the skins taken hy these Indians arc soid in Victoria. 503. When the seals are speared, practically none are lost, but when shot some arc lost by sinking, though a spear is employed to gaff them. These Indians stated that in taking fifty seals, sometimes one, sometimes two. might be lost, but occasionally none would be lost. 504. Further particulars of interest respecting the Indian fur-seal hunters of Cape Flattery may be found in Judge J. G. Swan's report on that subject contained in the " Report of the Fisheries and Fishery Industries of the United States," vol. ii, p. 3it!». Also in the "Bulletin of the United States' Fish Commission," vol. iii, p. 201. From the first of these publications, it appears that the independent catch of the Cape Flattery Indians nmounted to 1,568 skins in 1880, with an average value of H dollars per skin at that time. In a letter of recent date, the same gentleman states that no official record of the number of skins taken by these Indians has since been kept. 505. While it is to Ijc regretted that it is impossible to give an accurate statistical record of the number of fur-seal skins taken by the natives of the coasts of Alaska, British Columbia, and Washington, by their independent hunting in their own canoes from the shores, the results of inquiries made at a number of detached places along the coasts, and given in abstract above, are at least sufficient to sh(>w that important vested interests are there involved. 506. It i» undeniable that all the natives represented along this great line of coast have been accustomed from the caniest times to hunt the fur-seal. So long as the sea-otter was abundant, little use was made of the inferior skin of the fur-seal, and that animal was prized chiefly as an article of food. At a later date, when the hunting of the sea-otter had become scarcely remunerative because of its increasing scarcity on thiH part of the coast, the price offered for the skins of the fur-seal was still insufHcient to tempt the natives to engage systematically in the somewhat hazardous business of its capture; but as the skins became higher in price, and notably within the last twenty years, the hunting of the fur-seal has possessed a greater importance for the natives. Within quite recent years, however, the independent hunting of natives has somewhat decreased from two principal causes — the employment of large numbers of the more expert natives on sealing vessels, and the growth of various other industries capable of affording remunerative employment. 567. The low prices given in former years to the Indians of the British Oolumbian coftHt for their skins were in part due to the fact that, in accordance with native custom, tlie sliinH were slrctched and dried, and wire tlius not so Huitnblu for tlic tindo as SAJtcd Mw but of late years the Indians liavc liccoinc ticcusloiiicd to salt nearly all the skins they tnkc. 50H. Keapecting the dates between which the [ndiaiis of various tribes engage in seal-liunting, and in connection particularly with the notes elsewhere «ivon on the miirration of the fur-seal, it must be observed that these ilutes do not necessarily coin )incide with those defining the occurrence ot fur-seals alonj> the const. Tlie actual time of beginning the hunt depends chieHy upon the date at which such fine weather as U described ns " sealing weather " sets in. The close of scaling is, on the other hand, largely governed by the arrival of the particular season al which innneniorial custom reiitiircs that fisliing of some otlier kind— gencroUy halibut lishing— shall begin. ABO. The best estimates obtained of the number of skins taken annually by the liuliaift of tlie British Colinnbia coast aione, for the Inst four or five years, show that about l,fiOO in oil are taken to the north of the northern end of Vancouver Island, and at least a similar number to the south of that point, or, say, nt least 3,000 skins ench year for the entire coavt. Es'timating these at 10 dollars a skin (an average price suttioicntly low to cover the relatively small voluc of the skins of grey pups or yearlings which so'.netimes form a considerable portion of the cntcli). the gross value of the catch nmoniits to ;JO,Of)0 dollars annually. This amount constitutes a very important part of the whole revenue of. these natives, with whom also the fur-seal forms a staple article of food nt certain seasons. 570. The less direct, but financially more important, interest of the same native peoples in thept'lagic scaling proper, in which they j\re now largely engaged, is of course not included in the above estimate. ij;; III. — Pklaoio Sealing. (A.) — Origin and Development. .'')71. The interest of the natives of the west coast of America in the capture of the I'ur-seal is an immemorial one, but in the earlier years of trade upon the coast the skin of the fur-seal occupied a subordinate position to that of the sea-otter, and in still earlier and pre-historic times the fur-seal seems scarcely to have been pursued except lor food. Tbe sea-otter yielded an ample supply of superior skins for clothing, while sea-lions, hair-seals, and other animals afforded skins better suited to the manufacture ot skin boats by the northern tribes, and for the southern, that of other articles requiring strength of hide rather than thickness of fur. 573. The principal areas in which the fur-seal was more or less hunted in such early times, were doubtless those extending on the west coast froui the vicinity of Cape I'lattery to about the latitude of Sitka. To the south of Cape Flattery tiie natives were not seafaring in their habits, and the same may be said of most of the native peoples of the .Asiatic coast, along the Kurilc Islands to Kamtschatka, 573. So long as the skins of the sea-otter could be obtained in abundance for Chinese markets (where at the time tliey were most valued), the White traders then beginning to frequent tbe coast made little inquiry for the comparatively inferior skin of the fur-seal, but these, with other skins of minor value, were purchased from time to time by the traders, and have occasionally been thtmght worthy of mention in the naratives of their voyages. The observations on this particular subject which it is now possible to glean from these narratives are naturally rather meagre, but even an imperfect examination of some of ; them, is sutticient to show that from the tii'st the skins of the lur-seal were counted among i artielrs of trade with the natives along various parts of the const to which these animals I did :iot habitually resort for the purpose of breeding, and where, consequently, they must have been taken by the natives at sea. 574. It was primarily the search for, niid trade in, the skins of the sea-otter which, ia I the last century, impelled the Russian adventurers to extend their operations from the coasts of Asia ahing the Aleutian Islands and to the American coast. When the Commander and Pribyloff Islands were successively discovered, the skins of the fur-seal began to be added in large numbers to the lists of articles of commerce, but even from the first, and before these principal breeding places had been found, fur-seal si;ins also were procured from the Aleut natives. From incidental references mrde in the summaries (305] O 2 *>i I iMiwi m<> I . im. .11 '(^MPP^ ni^ ii 98 of cnrly Ilussiun vnyagm, siicli a'^ tliose given in Diincroft'rt History of AInakn, cnou<;li fiicts to show liiis iimy be ({utlieivd, tliou^li a complete exuiiiination of tlic original wovkH niiglit (ioubllcss utroid additional fiictH of the same kind. .OTr*. Thus, in 1700, the " Vladimir " included in her return cargo 2,000 fur-seal skiin which are said to have been brought from ^he Near Islands of the Aleutian chain. 'I'liu number here given is, however, ho considerable, that it may be regarded as not improbably showin;^ that at tliis early date some place resorted to by the fur-seal for breeding, still existed on Ai^atu, Attu, or other neighbouring islands of the group ; in which case all of these skins may not have been taken at sea. The "Arkangel Sv. Mikhail," returning from a voyage which had extended from 1772 to 1777, during which Kadiak was reaclieti, but in which no mention is made of any call at the Commander Islands (the FribyluiT Islands had not then been discovered), brought back 143 fur-seal skins. In 17!)0, again, Sauer, of the Russian Scientitic Expedition, imder Billings, is recorded to have been told ut Slielikoff's establishment at Kadiak, that (iOO double bidarkan had been sent out to hunt sea-otters, fur-seals, and sea-lions. In 1812, in Chugataeh Bay, Prince William Sound, where seals had formerly been plentiful, the yield is stated to have fallen uf^o filty skins.* 576. Similar incidental allusions may be found as well in the records of other voyages. Thus, among the skins sold in China by Portlock and Dixon, in 1788, were 110 fur-seal skins, though these navigators did not approach the known breeding islands in any part oi' their route. t In 1791, again, Captain Marchand obtained thirty-seven soal-skins from the natives of Norfolk Sound, these skins forming a considerable proportion of the whole amount of furs got there.j: 577. There is oflcn some difficulty in identifying the particular kind of skins whicii were obtained by such traders along the coast, because of the indefinite and varied terms made use of by them, but it seems piobable that much of that classed as " beaver " was in reality fur-seal. § This must certainly have been the case in the Queen Charlotte Islands, tor though Portlock and Dixon state that considerable numbers of " beaver skins " were j)urchased there, the beaver is not, and never has been, a native of these islands.|| 578. The opinion just referred to is that of Mr. Alexander Mackenzie, who has long been familiar with the Queen Charlotte Islands in particular, and who bases his statements upon the direct testimony of the natives themselves, to the cll'ect that they frequently in former times traded fur-seal skins to the vessels then frecpienting the islands in search of sea-otter skins. ;')79. Such facts, taken in conjunction with those already given as the result of our own inquiries on the West Coast, are, at least, sufficient to show that the natives were, from the earliest recorded dates, accustomed to hunt the fur-.>enl, as well as the mure valuable sea otter, at sea. So long as the skin of the fur-seal possessed but an insignificant com. mercial value, little attention was paid by traders and others upon the coast to the hunting of this animal by the Indians. The skins scarcely appeared in the lists of furs procured, and very little has been placed on record on the subject. A few skins were purchased by the Hudson's Bay Company from time to time, chiefly those offered by the Cape Flattery Indians. The first really commercial appearance of fur-seal skins at Victoria, according to Mr. II. Finlayson, was in or about 1846, between which date and 1856 considerable numbers of skins from the Pribylotf or Commander Islands, collected at Sitka by the Russian Fur Company, were forwaided from Victoria to London by the Hudson's Bay Company. These were shipjjcd in casks, and were presunuibly salted bkins, doubtless all taken on the breeding islands. In part overlapping the period just mentioned is the record of purchase of fur-seal skins by the same Company fi'oni Indian hunters, which runs from 1852 to the present year. (See Appendix G.) 680. When, liowever, better prices began to be paid for these skins, those persons interested in Indian trade along the coast became familiar with the native mode of hunting, and recognized the difficulty and danger to which the native hunters were often exposed in consequence of the distances to which they were obliged to venture from the shore in pursuit of the seal. The endeavour was then made to encourage the Indians in sealing, because of the profits obtained from the sale of the skins, and it naturally occurred both to the Indians and the traders (some of whom employed small vessels for the purposes of traffic), th^t a combination might be formed which would be advantageous to both parties. * Bancroft's History, vol. xxxiil, pp. 135, 171, 28(>, and 528. t '* Voyage to the Noitli-west Coast of America," p. ilOO, X " Voyage Autour du Monde," tome ii, p. II. ''f: § The term " Sea-beaver " was also, however, sometiiues applied to (he lea-otter. H '< Voyage to the North-weit Coaat of Amerioa," pp. 16D, 301, and 900, m 99 It becnmo evident that the dnnf^cr nnd hardship inherent in the independent native mode ofiiuiiting might l)o much reduced iiy employing smull vessels to curry the Indians and their cuiiocs to sea in search uf staU, thus to serve as a base of openitions i'roui which tiiey nii(,'ht more successfully priictiso this industry. 581. At this time, the Indiiuis of the coasts of South-eastern Alaska and Hritish Columbiii knew nothing whiitcvci- about the summer resorts of the I'ur-seal in Behring Sea, an."* Even so late as 1880, Professor Allen, after a very careful investigation of the wiiole subject, was able to write in the following very general way only with regard to the migro* tioiis of the fur-seal : — " Kxcept during the season of reproduction, these animals appear to lead a wandering life, but the extent nnd direction of their migrations are not yet well known. Stellor ppoke of tl eir nii;;iatioiis being us regular ns those of the various kinds of sca.fowl, and lliey aie recorded as arriving with ^iicat regularity at the Pribyloff Islands, but where tiuy puss the season of winter h slill a matter of eunjccture."t 582. It was the habit of the Indians, when sealing in their own canoes, to bring back the entire carcasses of the seals killed, and to utilize the flesh and fat as food. When schooners were first employed as an auxiliary, the same practice was very often followed. The carcasses'belongcd to the individuals killing the seals, and were prized by tlirm, and whenever possible carried back to the villages to which the sealing Indians belonged. The vessels were seldom very long away from port. The sealing voyages thus nt fnst made were restricted in their scope, and it was only by degrees that it came to be discovered that the seals might be proKtahly followed in their general northward move- ment along the const, after the cessation of the rough wintry weather. It was also found tliut some seals might be obtained in the winter and early spring as far south as the coast of Cnliforniu, and before " sealing weather " set in on the coast of British Columbia ; and as no other profitable employment offered for the scaling schooners, it became customary for them to make a cruize to the southward before engaging in the fishery to the north of the Strait of Fuca. At a later date still, the pelagic hunters ascertained, as the result of their own experience, that the fur-seals might be followed with advantage through the eastern passes of the Aleutian chain, and taken during the months of July ii:ul August, and occasionally during the early part of September, or till such time as stormy weather rendered further hunting iin()ossible. 583. Thus, beginning as a purely loc&l industry, in which the Indians of the west coust of Vancouver Island, with those of the vicinity of Cape Flattery in the ,ate of Washington, were chiefly interested, tho sea-sealing naturally developed and extended with the increasing knowledge gained of the habits and haunts of the fur-seal, till its operations covered almost the entire migration-range of the animal, and the number of skins obtained became so considerable, that the sealing interests of the Alaska Commercial Company (at that time the lessees of the Pribyloff and Commander Islands), and their heretofore profitable monopoly of the fur-seal of the 21'orth Pacific, was notably affected. Not until this occurred was any serious protest, or, in fact, any complaint whatever raised against the practice and methods of pelagic sealing. On the contrary, in so far as it became a matter of public knowledge, pelagic sealing was spoken of as a commendable new industry, developing maritime enterprise, in which both citizens of the United States and of Canada were engaged, and which afforded remunerative employment to them, as well as to a large number of the Indian population of both countries. From the commercial point of view, which is necessarily that of the lessees of the islands, it is not only and perhaps not so much the fact that at sea a considerable number of seals are killed, but the circumstance that this industry interferes with their monopoly or practical monopoly of the market, which has frequently been admitted to be the most valuable part of their franchise, and in the endeavour to maintain which they have even purchased the greater part of the catch made at sea, particularly ia the year 1890. 684. With the altered conditions and extended range assumed by pelagic hunting • "Aluk* and Its Besourcei," p. 493. t '* Monograph of North American Pinnipodi," p. 33ft. ^ ]()0 ii'' in the coui'm of tlic frw following yeari*, certain l■lmn)];('^ iilso occurred in the n)uniu'r in which it WU8 conducted. The Indian hnntci-* hrcanic ; cniHtomed to f(o far from their i;;iti\c villiiges, and to «'n«a^'c lor the huntiiiK of an ciit'iv •i-aHon. Tlic iipcar employed iiiHii piv-historic times hy tlic |)co|)lt> of the Aht Stock \\i\t at tirnt tlip only weapon UM-d in prluific hunting. The captains of Hchooners cngaginir in tiic husincss discouraged the employment of fnc-arnis, under the hclief that the result (illluir u^c would he to alarm the seulh and reduce the chances ol a good catch. 'I'hi< hciicl" was doiilitlcss in gome nieasure justiiicd, but as *Vhiti> huntrrs also hegan to cnL;ii;^a: in the huHiness, it hecami' impossible to prevent the use of such weapons; the riHe was introduced, thouuli hoon supLTiieded by the shot-gun, which has now hccome tlie usual hunting weapon. Most ol the ludiuiis readily adopted this new and more eil'ectivc mode of huntiiin of the pelagic sealing industry may be here briefly set out. In regard to that carried on from the British Columbian coast, it has been particularly inquired into and recorded by Mr. A. R. Milne, Collector of Customs at N'ictoria, upon whose investigations, cheeked and amplified in so far as ha.s been possible, the subjoined summary is based.* It has already been stated, however, in another part of this report, that, for the earlier years of the development of the business of sealing at sea, the data are very incomplete, as in these years it had scarcely begun to receive any particular attention, and records were not systematically kept of it by the Customs authorities, as has been required of them in later years. 588. From 1871 to 1878, it is known that three schooners were engaged more or lo;s continuously in the scaling business on the west coast of Vancouver Island, where, however, they were also employed as traders. In 1879 to I85I four or five schooners were employed in sealing along the same coast. In 1882, auxiliary steam-power was added to two of the schooners, and eight vessels in all were employed in the industry. In 1883 nine; and in 1884 eleven, schooners were employed, and all ure said to have been fairly successful. One of these vessels, the " Mary Ellen," belonging to Victoria, outfitted at San Francisco, and eventually continued her voyage into Behring Sea, which she entered about the 15th June, and left about the end of August. This, so far an ascertained. . • ParliamenUry Paper [C— M681, Auguit 1891. mmm ^•mppipp^^ip )ower Wiis \0l WAR the flr«t of the British Columhinn bcIiooocm to extend ftpnlii\H; operntioni to the wnter« of Hehriiig Sen. It has not, however, been cleflnitcly nsecrJnined llint tlie " Mnry Ellen " wuH the only veiiel to enler Meliiing Se.i in ll»i« yeor. HBH. The result of the venture of Ilie " Miuy Kllen " having lieen siiliifiKtoiy, she, and at ieiist one other vessel, cnlcred Hehiin!(, Siu in ]Mrt. Thirteen Hrili«l> Oolumhiiin schooners in nil ore known to linvc been engHU'id in K-nliiiif in this yeiir. ftyO. In iwSfl, ei((hteen schooners cniroged in tlic seiiliiifr industry. One of these hnd been broujjht round the Horn from the eastern eonst of ( nni.ilii for the |)itr|i(i"... Two were wrecl«ed, but the remaining sixteen vessels entered iJ-hring Sea; and in this year, for the first time, exception whs taken to sealing in this part of the ocean by the (Juvern- nicnt of the United Bintcs, and three of th.' ..ilirs, tlie "Carolina," "Onward," and " Thornton," were seized. MM. In 1887, seventeen British Columbian sehooner^^ were eno;n«;ed in senlmi^ ; fiHteeu of tliese are btlieved to have continued their opciatioi\!< into Uehring Sea, fix being gei/ed there l)y the United States' cutters " Hush " and " Hear." i){*2. In 1S88, twenty-one vessels from Hritisli Colunibia composed the scnliny tlic I nited States. One schooner, however, the " Anmnah," was this v('"r seized and confiscated by the Russian (Government, having been detected in scnlini; within the territorial waters of Copper Island.** 50.*^. In 1889, the sealing fleet con8istc the loss of time involved, as well as from the fact that crews often had to be rc-eiigaged for the second trip. There, fore, in 1 89' •, arrangements were made by the seders to rendezvous with a steamer at sonic northern point in June, to tranship their skins for conveyance to Victoria, completing their outfit for hunting in Behring Sea at the same tijne. In 1890, Sand Point, in the Shumigin Islands, was the place selected for the purpose, and in 1891 Alitak Bay, Kadiak Island, was chosen. 597. The foregoing details respecting the growth of the pelagic sealing industry of British Columbia have been obtained by special research and inquiry, but it has been found to be practically impossible to procure, whether oflicially or otherwise, comparable particulars of the pelagic sealing business conducted by United States' vessels. It is known that vessels sailing from the New England States nave been engaged in the capture of the fur-seal since the Tatter part .of the last century, their operations being carried on principally in the southern hemisphere, and the mode of killing the seals being that of a promiscuous slaughter whenever these animals could be touad on shore, carried out by means of clubs or otherwise. This method of killing seals has, however, no analogy with that of pelagic sealing as now understood. It is further known, that in more recent years, and after the Governments of Russia, Japan, and the United States had provided regulations for >e protection of the respective breeding islands under their jurisdiction, vessels were dispatched by unscrupulous persons for the purpose of raiding the rookeries upon tl^ise islands. The records preserved of the raids themselves, which are treated in detail elsewhere, show that such illegal sealing has been carried on, but, naturally enough, it is difficult to obtain full particulars of its character • ParlwiDcutary Pap«r [C— 60411, 1890, tl !i ^^!fmfwfmwiwt' H ,!<' 102 ^ or magnitude. This again, however, is quite distinct from the question of pelagic Kealini; proper, the origin of which Httle if at all antedates the year 1860. Moreover, while this raiding of the various breeding islands appears to have been praetised from year to year in the case of United States' vessels, it has latterly been more and more replaced by liic legitimate pursuit of the fur-seal at sea. There was thus almost an organic conneftion between the two methods of sealing in the case of vessels sailing from the United States, that did not exist in the case of the sealing industry of British Columbia, which grew up directly from the independent Indian sea-sealing, and had not previously existed in any other form. 598. A certain number of vessels have for many years taken clearances from the Pacific ports of the United States for " hunting and fishing voyages ;" but while most of those which have been engaged in any form of sealing have doubtless been included under this general designation, it comprises as well vessels which may have been engaged in various forms of fishing proper, and in the hunting of the sea-otter. Even in the last census of the United States (IsdO) the vessels engaged in sealing are not specially indicated, but are included under the general designation of the " fur-seal and sea-otter fleet."* If such clearances were confined to a single port, local inquiries might without great difficulty result, in thq case at least of the later year?, in eliminating vessels which were not engaged in pelagic sealing, and in affording a reasonably exact statement of the operations of those of the latter class, but the number of ports of clearance has unfortunately ballled inquiries made in this direction. 599. It is certain, however, that the pelagic sealing industry has continued to grow in the United States in a ratio corresponding to that of the sa(ne industry in Ihitisii Columbia. In 188!), the best estimate which Mr. Milne could quote of the number of vessels engaged in it placed this at thirty-two.t The United States' Census Bulletin relating to the same year gives the fur-sealing and sea-otter hunting vessels at twenty. It is probable that though two or three of these vessels were chiefly engaged in sea-otter hunting, even these occupied part of their time in sealing, while it is known that most of the fleet was primarily engaged in sealing. In 1890, more than fourteen vessels sailed from United States' ports for sealing, but the exact number has not yet been ascertained. In 1891, the number had increased to about forty-two. 600. The estimated value of the British Columbian sealing fleet with its equipment, as it left port in 1891, was 373,000 dollars. That of the United States' fleet in the same year exceeded 250,000 dollars. According to the United States' Census Bulletin already cited, the value of the vessels engaged in the fur-seal and sea-otter industry in 1889 was 152,757 dollars. Dividing this amount by the tonnage, an average tonnage value for this fleet is obtained of 160 dol. 54 c, while a similar calculation based on the figures for the Uritish Columbian fleet of 1S91 gives u corresponding tonnage value of about 1 14 dollars. W^-"- (B.)— Methods. ' 601. In what has already been given, the methods of pelagic or sea-scaling have been indicated in a general way. These methods are essentially of a very simple character, but the actual procedure followed in killing the seals may now be briefly alluded to. The vessels employed range in size from 130 to 40 tons. Taking the scaling fleet of British Columbia in 1891, the average number of canoes or boats carried on each of the small vessels (which are all or nearly all schooner-rigged) is about seven. The average size of the vessels in 1891 was sixty-five tons, and the average number of men (White and Indians) employed on each was in the same year about twenty-two. 602. The efliective hunting strength of each vessel depends on the number of canoes or boats carried, for no advantage is gained by carrying large boats, a single hunter being sufficient for each. Various plans arc therefore adopted, to enable as large a number of canoes or boats as possible to be stowed on the deck of the schooner. 603. It is necessary for success, not only that a sufticient number of seals should be fallen in with, or, in other words, that an area of sca-snrface rather plentifully sprinkled with seals should be found, but also that the weather shoidd be favourable. In stormy or thick weather sealing is impossible, and the most the sealing master can attempt to do is to stay with the seals. The circumstances being favourable, the boats or canoes are launched and manned, and set out in different directions from the schooner in such a way as to cover as great an area as possible. The schooner has only to keep to leeward of the boats, so that these may the more easily rejoin her at the close of the day, * See United State*' Ceuiut Biillptin, No. 123. . f i'arlitnentcry Paper [C— 6368], London, Auguit 1880, p. 368, wm WW. ma Dslion of pelagic Healing ). Moreover, wlnle tliis ised from year to year in I more replaced by the ,t an organic conneetion from the United States, 1 Coluniliia, which grew lOt previously exiHted in ken clearances from the i;>es ;" but while most of tless been included under ,v have been engaged in .' Even in the last census 3t specially indicated, but ea-otter fleet. "• If such lout great difficulty result, lich were not en};aged in the operations of those of itunatcly baflled inquiries dustry has continued to ! same industry in Briiisti quote of the number of I States' Census Bulletin otter hunting vessels at ese vessels were chiefly eir time in sealing, while sealing. In 1890, more but the exact number has I about forty-two. eel with its equipment, its States' fleet in the same i' Census Bulletin already ttcr industry in 1889 was •age tonnage value for this sed on the figures for the alue of about 1 14 dollars. |c or sea-sealing have been a very simple character, now be briefly alluded "uking the scaling fleet of its carried on each of the tout seven. The average [e number of men (White py-two. on the number of canoes lats, a single hunter being [liable as large a number liooner. iumber of seals should be ither plentifully sprinkled favourable. In stormy or [ster can attempt to do is the boats or canoes are Im the schooner in such a Is only to keep to leeward {close of the day. , p. 86S. 108 604. Seals thus met with upon the sea-surface arc roughly clashed by the hunters as "sleepers" and "travellers," and the former are of course the most easily approached. Whether in canoes or boats, paddles are employed in preference to oars, as they enable a more noiseless approach to the seals. When a seal is seen, the boat or canoe is quietly but swiftly impelled toward it, till the hunter believes that he has arrived within sure range, when he fires. If killed, as happens in the majority of cases, especially now that the shot-gun has superseded the rifle, the seal may either remain floating upon the surface or begin to sink slowly. In either case, the boat or canoe is at once urged forward, and if the carcass, which does not differ much in specific gravity from the water, is already partly submerged, it is at once secured with a 15-foot gaff", anH J^nuled on board. If the seal should happen to be merely badly wounded, it either struggles upon the surface until gaffed, or, if retaining strength to do so, dives. If quite lightly wounded, as of course happens in some cases, it may eventually escape; but if severely wounded, it is probably killed at the next rise after a short submersion. 60.'). We arc informed that it has been learned by experience that seals may easily bo lost if shot in the neck, as in this case the muscular contraction of the body often forces most of tiie air from the lungs, and the carcass then miy sink much more rapidly than usual. 60t). This brief description refers to the killing of seals by shooting, which is now the method most commonly practised. (i07. The spear is still often employed by the Indians, and when used it involves a closer approach to the seal, before it can effectively be thrown. If either of the two detachable barbes enters the body the seal is never lost, and if neither strikes it, it escapes unhurt ; in short, if the seal is speared, it is secured. 608. The dead seals are drawn into the boat or canoe, and brought back at the close of the hunt to the schooner, on board of which they are subsequently skinned, and the skins laid down in dry salt for curing. It is said that in recent years considerable improvement has been made in, and extra care given to, the preserving of the skins on the schooners. This will no doubt have a favourable influence on the prices obtained for the " pelagic skins." 609. The prosecution of this industry at sea requires all the courage and skill which can be brought to bear on it. The canoes often find themselves far from the supporting schooner, and should bad weather or one of the frequent fogs of the northern part of the west coast set in, it may be diflScult or impossible for them to regain her with ease. Several instances are known where Indian hunters out off the west coast of Vancouver Island have entirely lost the supporting schooner in fogs, and liave only regained the distant shore after nuffering great hardships. 610. The accusation of butchery laid against those who take the seals on shore cannot be brought agaiiist this pelagic method of killing the seal, which is really hunting as distinguished from slaughter, cind in which the animal has what may be described as a fair sporting chance for its life. The little vessels employed in such work must be staunch and well found, for they have not only to make long voyages, but must be able ti) keep the sea in any weather, and it often happens that they have to lie-to for days together in storms, with all hands crowded in by no means comfortable or commodious quarters below. 611. Thus, whatever arguments niny be advanced against some of the methods and consequences of pelagic sealing, it is not possible to speak of these in terms such as those employed by Lutke, who visited the Pribyloff Islands as long ago as 1827, and who records his impressions a,; follows : — " II y a quelquc chose dc rcvoltant clans ce carnage de sang-froid de quelque milliers d'iuiiniaux sans defense. Les chasseurs, tout endurcis qu'ils sont i^ ce genre do meurtres, i nvouent que sonvent leur main a peine a se lever pour Irappcr unu creature innoccnto qui, Ics pattcs en I'air et poussaut des eris plaintifs, quelquefois tout il fait semblables a ceux d'un enfant qui pleure, senible implorer misericorde."* 612. Free use has been made of tlic appellation "poachers" as applied to pelagic sealers in general, and to the Canadian sealers in particular, in the course of discussions i arising in the Behring Sea controversy, witii the obvious purpose of prejudicing public opinion. The use of this term may be justified in the case of raiders upon the breeding islands, hut in such cases only, and, as has already been stated, no instance is actually I known in which Canadian sealing-vessels have been found raiding the Fribyloff Islands. lit more nearly describes, however, the operations of the sealing fleet in the southern hemisphere, which for many years has consisted almost solely of vessels sailing from the •H! ^ i f [3()6j * " Voyagn antour da Monde,' Tome i, p. 301. mm'' .nvwtm'm^nmim^ I ii;] Hi ppnnHppiP ^^mmmmmilf^ m^ >m 104 United States, and which as lately as 1880 numbered ten vessels, aggregating 1,277 tons, and manned by 272 men.* The decreased iinpurtaDce of this fleet in still later years has resulted only from the reduction in number of seals brought about by its operations. Sealing by these adventurers has been conducted entirely on land, on islands or coasts either nominally or actually in the possession of various Powers, but in no instance controlled by the United States, and in some cases in direct infraction of all local laws. The killing of ihe seals has always and everywhere been carried out in the indiscriminate, ruthless, and wasteful manner described in detail in several of tiie works elsewhere cited in this Report, and in most cases a greater part of the catch has consisted of females, t (C.) — Proportion of Seals lost, fil3. As to the pioportion by number of seals which are lost after being killed or mortally wounded, to those actually taken, a great variety of very wild statements have been made, and it must be admitted that in so far as concerus mere assertion and reiteration of such assertion by means of the press and in every other conceivable manner, the critics of pelagic sealing have established an unchallenged supremacy over its defcnciirs. If popular opinion could be educated into the belief that the operations of the pelagic sealer are wholly barbarous and scandalously destructive, by the means of unsupjiorted assertion, this should have l)een fully accomplished by this time. It is necessary, however, in order to arrive at as nearly as possible a true result, to we'gh and criticize tiie evidence offered, and to take into account the so'.rces from wiiich it comes. It is further most important to remark that actual numeric. ( statements arc far more trustworthy and more susceptible of critical analysis tlian general assertions, which, however, have heretofore been those most connnonly employed as the basis of argument in tiiis (piestion. 614. Disregarding mere rhetorical statements made by irresponsible individuals, or given forth without sii^naturc in the press, the following citations may be made as representing the jjublished evidence adduced in official reports in regard to the loss of se;ils by the sea-j-calers. It is wholly upon the evidence here cited or referred to that all the statements a? to great losses of seals in pelagic sealiu'^ iiave, up to this time, been founded. Captain C. A. Abbey, from .June 1886 to tlie latter part of \ugust in the same year in conuiiancl of the United States' Revenue Cutter "Richard Rush," in Behring Sea, says of the pelagic sealers: "I should judge that thev killed abo-' three for every one they got."!"^ Captain Shephard, in command of the same vessel in 1887 and 1888, says, on the same subject : " I liave no very accurate information on which to bast an opinion, but I should judge that they lost from 40 to GO per cent, of tliem. i saw a good many shot frotn the boats as I was approaching, and I think they lost two or three out of five or six that I saw them shoot at."'§ .Mr. W. B. Taylor, Agent of the United States' Treasury Department on the PribylofF Islands in IS8I, says, in answer to a cpiestion as to the proportion of seals recovered by pelagic scalers, " that he docs not believe that more than one-fourth of tlie seals shot nt are got, the nst 6inking."|| This was before the year 1881, when but few vessels had as yet engaged in the industry, and one only is actually known to have been in Behring Sea in thiii year. Dr. II. II. .Mclntyre, Superintendent of the Pribyloff Islands for the lessees for a number ot seasons, says : " I think not more than one-lifth of those shot arc recovered, Many arc badly wounded, and cscape."^f Mr. G. R. Tingle, at the time Government Agent in charge of the Pri!>ylofF Islands, gave the following tcstin.ony: "The logs of marauding sciooners have fallen into my hands, iind they have convinced me that tkey do not secure n>orc than one seal cut of every ten that they mortally wound and kill." He then j)roceed8 to make sonic calculations on the basis of this statement. At a later stage, and when more closely pressed for details, he explained the allusion above made more clearly as follows: " I remember reading the log-book of the • Angel Dolly,' which I captured. There was nn entry in that log-book which read as loUows: 'Issued to-day to my boats 300 * " Fishery Industrie! of tlie United Slates," vol. ii, p. 4£9. + Ibid., p. 431. X " ri:r-. Captain William O'Leary, wi'h four years' experience of sealing, in which he sealed into Behring's Sea one year with an Indian crew, and three with White crews, says: "My experience with Indian hunters is that they lose none — at most, a few — of the seals they spciir The number of seals lost by White hunters does not exceed 6 in 100, and many hunters lose much less than that number."** Mr. W^. Munsie, an owner of sealing-schooners, in 18S6, and therefore long before the question of losses by pelagic sealers had achieved the notoriety which it subscipicntly has, writes thus to the Honourable G. E. Foster, Minister of Marine and Fisheries: "Allow nie to contradict a statement made by Special Agent Tingle, of the United Slates' Treasury Department, in which he says that three-fourths of the seals shot in the water si'ik and arc lost. From the experience of our old hunters, I maintain but a small percentage is lost in * " Fiir-Jftil Fislieries of Alaska,'' House of llcprtscntativcs, 50lli Congresi, iiiJ Si'jsioii, Report No. .1833, pp. 1C4 ami 170. t See " Further Correspondence relating to Fiir-senl Fiiberics in Deliring'j Sea," WnsiiingtoD, 1830, pp. 37, as. nnrl S;t2. t " Fur-senl Fisheries of Alattto," pp. 108 ond 109. ^ " Kc >ort uf lliiited States' Senate Committee on Kelations with Canada) 1890," p. 140. II Parliamentary Paper (.C— G1311, London, August 1890, p. 355. 1 lliiil., p. 3i6. •• Iliid.. p. 837^ [305] ■ P 2 pf{ '^1 i "t^lpippp ~ A i^ 106 this way, probably not over 1 in 50. I doubt if the loss is ns greut ns tliitt caused by tlic rejection of skins after beine; clubbed by tbc Alaska Commercial Con pany on the islands, to which reference is made in the tables of Elliott's Report."* fi'^O. Mr. A. R. Milne, Collector of Customs at Vicf.ori^, who has had occasion to make, for olficial purposes, a speci:\l study of tlie pclujiic sealina; industry, and to take mucli sworn cvidenc(? from hunters and others cngajrcd in sealinj?, in summir.g up his conclusions on the point here in question, writes: "Many erroneous opinions have been given in the American press, and by the paid officials of the Alaska Fur Company, as to the loss of seals by wanton slaughter (as they term it) by our soaicrs. I have made due and diligent inquiry as to tlie pcreontagc of seals liable to be lost alter beini; shot, and from what I have gathered it amounts, at most, to only G per cent."t ()2I. Further evidence on this subject, derived from sworn statements obtained by Mr. Milne, with special reference to the last two or three years, is printed in A[)pendix (llj. The following is an abstract of the general statements made ; — C. J. Kelly, with two years' experience of scaling, stated his belief that the average number lost is less than 3 per cent. Captain W. Petit, says that Whites do not lose more than 5 per cent., Indians 1 per cent. Captain W. ]■;. Bak:?r, states that the proportion of seals lost was not more than 3 per cent. C. N. Cox, states that the Indians lose I percent., the White hunters 4 or .') per cent. Captain T. M. Magnesen believes 3^ per cent, would be a fair average figure for seals lost. H. Crocker states the loss at 3 to 4 per cent. George Roberts, with four years' experience, gives 3 to 5 per cent, as representing the proportion lost. R. Thompson, v.'ith two years* experience, also places the loss at 3 to 5 per cent, A. Lainjr, with ten years' experience with Indian hunters, states that they do not lose moie than 1 in 10. Captain W. Cox, with four years' experience with Indian crews, states that there la no loss of seals when Indians employ the spear. 622. From information obtained by ourselves on the West Coast, the following brief notes may be given : — Martin Lundberg, with three other practical sealers, possessing no vested interest ia sealing, and at the time employed, as seamen, and no longer connected with the sealing business, concurred in stating, as to the proportion of seals lost, that if a man should lose two out of thirty killed he would be considered a poor hunter. 623. .Judge J. G. Swan, of Port Townsend, Washington, whose familiarity with the sealing industry of the West Coast, and particularly with the Indian interest in sealing, is well known, went so far as to characterize many of the statements made as to great numbers of seals being lost as '• scandalous falsehoods." The same gentleman, in a communication subsequently received on thi^ point, wtites as follows: — " 1 have seen several Makah Indians who have been here, and they tell me that Indians lose very few seals, whether they spear or shoot them, as they are always so near the seal at such limes that they can recover then> before they sink. Captain Lavender, formerly of the schooner " Oscar and Hattic," who is a verv tine shot, told me that he secured ninely-fivc seals out of every hundred that he shot. He said that poor hunters, of which he had several on his vessel, would fire away a deal of ammunifion and not hit anytiiing, hut would be sure to report on their return to the vessel that they had killed a seal each time they tired, but that all the seals sank except the few they brought on board. Captain Lavender was of opinion that not over 7 per cent, of seals killed were lost." G21. On a consultation witli the members of the Sealers' Association of Victoria, comprising owners of sealing-vessels and sealing captains, •.hey called special attention and invited inquiry into the matter of the number lost. They explained that when the seals sink after being killed, as they often do, they sink slowly " on a slant," so that it is usually quite easy to gafi' them. They further affirmed that the result of the sealing ia 1801 was, like that in former years, to show that the loss from this cause averaged below (i per cent. 62 J. The captain of the " Eliza Edwards," interviewed at Vancouver, stated, as the result of his experience, that sealing must be learnt like any other business. That " green hands " might lose as much as 25 per cent, of the seals shot, but that with experienced hunters the loss is very small. It might possibly amount to 5 per cent. * Parliamentary Paper [C— 6131], London, August 1890, y. 36. t Ibid., p. 360. 107 hat there is 1 interest in ell me that 626. The liifonnation on this point, gathered from native sources, has already been referred to in connection with the description of tlie native modes of huiilin» .. (over) 60 (about) 400 1 1-6 1389 3. W. Fewing "Favouritu" 25 6-2 1887 Some only "shot at." Fint year of hunUng. t. "Viv»" .. (owr) 500 (*bout) 30 60 1888 :>. „ "Ttiumph" 140 1 0-7 1889 6. OscarSoarr "Viva" (over) 600 (about) 20 3-5 1888 7. Walter House .. " Walter L. Rich" .. 185 5 2-8 1889 Firat year of hunting) other hunters on schoonera lost about same proportion. 8. W. O'Learjr "Pilhfittder" 44 1 2-3 1889 9. Fred, (iilberl .. II 518 14 2-7 1887 First year of hunting. 10. „ 1* .. 244 5 2-0 188S 11 II .. 454 10 3-5 1889 l2. George Howe " Theresa" 159 (about) 7 4-4 18BC Ditto. 13 "Pathfinder" 442 (about) 20 4-5 1886 14. „ "Penelope" ., Old 31 5-0 1*87 15 "Vi»»" .. 734 37 5-0 1880 16. Thomaa liuwe ,, "Theresa" ami "Path- finder " 397 (about) 20 5-4 1886 ? "Penelope" ,. 510 (.bout) 30 6-0 1887 8. ,. ,. .. "LilyL." .. 31C 12 3-7 1888 . 9. „ '•ViT«" .. 587 27 4-4 1889 0. Albert Bertram .. " Annie C. .Mooro " .. 320 21 6-8 1889 DiUo. I. Ca|itaiii Jacohjr . . II 117 2 1-7 1888 2. "Allic Alger" U13 31 3-4 1883 3. Martin liiutdherK,, II 33 1 3-0 188 Quoted as an •lampla of a good day's work. 4. ('iiptain Spring ,, "Favouritu" (about) 180 I 0-5 1888 5. Ciiptaiit Melx>an.. 1. 90 (about) 5 5-5 1888 6. C. J. Kriley ,, 79 2 1-6 1891 7. Captain W. Baker. ,, 55 1 1-8 1891 8. "Hunter" •• 498 17 3-4 1891 iicl Douglas . , "MayBille" 2IC .. ^^ .. • .. „ tt *• Total.. 205 7 3-4 1891 9i337 381 4-0 Nos. 1 to 20, from signed statements given in Parliamentary Paper [C. 0131], 1890. Nos. 21 and 22, from ■' Relations with knaila," tnited Status' Senate, &lst Congress, 1st Session, Report 1530. Nos. 23 to 25 from evidenoe personally obtaiaad. na. 20 to 28 from sworn statcmenta obtained in 1892. V' i. ■I: n I PP-tl llWijIJUfW^gWIPWWWpWWWfnn .IHUjIw.wgWBIWWIWtpi.HIHH.Wiliil-iiilll, IHi»WW.iiJ|.iH ..4IW" lUWPJ^WHipWimppijppBljW! Mil II 1 1 loe Indian Hunters. ISt'i Natiro lluntrn. Trib« or Place. SliinD Obtained. Seals Loit. Loss Per cent. Year. • Remarks. No. 1 SitVn 19 4 20 „ 2 llaida 21 1890 „ 2 n • • •• .•}R 3 8-0 1891 ., 3 M •• •• 37 ., 1890 .. 4 „ (on Adcle) 126 ., 1889 „ 5 90 3 3-3 1839 „ 6 llaillzak . . 8 2 25 1891 .. 7 Makah 50 1, 2. or noiip •• " m: Kos. 1 to 7) all from uvidcnco prrsonally obtaint-d, G28. A certain proportion of the seals shot of cours3 escape, and in killing on the islands each year, some are found with encysted shot in the skin or blubber. A few ounces of shot thus obtained was shown to us on the Pribyloff Islands as that collected from seals killed in 18'jO. This aggregated much less than ^ lb., but placing the amount at 8 ozs., this would give, at 150 pellets to the lb., seventy-five shot gathered from 21,000 seals killed, or at the rate of one pellet to 280 seals. As in most cases several pellets might be found in a single seal, while in other cases shot might be present but not found in skinning and cutting up the seal, the proportion thus stated probably more than reprfsents the ratio of seals so slightly wounded as to reach and live on the islands in apparent health. 629. It appears to have been very generally taken for granted, on a priori grounds, by most of the apologists for the methods of land killing, that the fur-seal does and must sink immediately when shot at sea. Actual experience contradicts this assumption iii the manner and to the degree explained above, and it is, therefore, useless to enter at length into the questio::! of the analogy of the fur-seal with other animals in this respect, which has been advanced to show that the fur-seal should not float. Arguments of this kind have been derived particularly from the circumstance that the various species of hair-seal often sink when shot before they can be recovered. It must not be forgotten, however, that the hair-seal belongs to an entirely different group of the Pinnipedia, and is charfxterized not only by a much heavier osseous framework, but also by a smaller lung cajjacity in proportion to its weight. Yet even the hair-seal is often shot and secured at sea, where its pursuit is made nn industry, and it is only when exceptionally lean that it sinks rapidly. G30. The following notes bearing on this particular subject may be quoted from Mr. J. A. Allen's ".Monograph of North American Pinnipeds," which has already been frequently referred to: — " ' Like other species of tiic seal family, the liarbour seal is veiy tenacious of life, and must be struck in a vital part by either ball or heavy shot, in order to kill it on the spot.' Says Mr. Reeks : * I have been often amused at published accounts of seals shot iu the Thames or elsewhere, but which ' sank immediately.' Wiiat seal «,r other amphibious animal would not do so if ' tickled ' with the greater part of, perhaps, an ounce of No. 5 shot? He adds that it is only in the spring of the year that this seal will 'flont' when killed in the water, but says that he has never seen a seal ' so poor, which, if killed dead on the spot, would not have floated from five to ten seconds,' or long enough to give 'ample time for towing alongside,' supposing tiie animal to have been killed bj shot, ami the boat to contain 'two haiuis.' " A^ain, referring to the bearded seal, Mr. Allen quotes Kumlien, as follows : — "In July, during the moulting time, their stomachs contained nothing but stones, some of them neaily of a quarter-pound weight. They seem to eat nothing during the I entire time of shedding — probably six weeks. Certain it is they lose all their blubber, and by the middle of July have nothing but ' whitc-hoise '— a tough, white, somewhat] cartilaginous substance, in place of blubber. At this season they sink when shot." 631 . No loss occurs at sea from the taking of seals with " stagey " or unmerchantable I skins. All those familiar with pelagic sealing who were questioned upon this point agreed as to the fact that " stagey " skins are practically never got at sea, not even in Behring Sea at the season at which the seals upon the islands are distinctly "stagey." The skins taken in the earliest part of the sealing season, iu December and January, are sometimes | rather inferior, but they do not fall into the general category of " stagey " skins. 632. It would thus appear that the distinctly "stagey" or "shedding" condition of I the fur-seal supervenes after a sojouro or some length on shore, and that such sojourn resultj mm mmmmm'^'mmmi'iiiimmmmmmi 100 in a general change of pe]age which does not occur i^ (ne same marked way when the animals remnin at a<>a. The same circumstance has further some bearing on the question of tlie poiigible excursions of the seals from tbe breeding islands, and on the inter changeability of the seals remaining on or about ihe islands with those of the general sea- surface, which thus seems to bo exceptional, during at least the later summer and early autumn, which is the " stagey " season ashore. (D.) — Composition of Catch. 633. By tlie pelii<»ic sealers and by Ihe Indian hunters along the coast, fur-soals of both sexes are killed, and, indeed, it would be unreasonable, under tbe circumstances, to expect that a distinction should be made in this respect, any more than that the angler should dis- criminate' between the sexes of tbe fish he may hook. Kven upon the breeding islands, it is (litficult for the most experienced natives to distinguish virgin females from young males of corresponding; size in the drives,* and in the autumn of 1891, we are informed by an eye- witness, that in endeavouring to secure a female yearling seal alive for the zoological collection at San Francisco, no less than seven male seals were successively captured by the natives, who, judging from the general appearance of the animals, believed them to be females, before one of the requisite sex was obtained! At sea, save in exceptional cases, females can only be certainly detected by an examination of the body when it is brought on board. The fur of the female is equally good with that of the male, and under the conditions under which the hunting is carried on, there is room for no sentimental con- siderations in favour of either sex. But it is unfortunately the case, that at certain seasons considerable numbers of gravid feniales are thus killed, and this killing in depre- cated by the better classes of tbe pelagic sealers themselves, not alone on grounds of humanity, but because they see clearly that it is unduly destructive to the industry in whicli tlieir fortunes are embarked. From communications held with pelagic sealers, there can be no doubt that any equitable arrangement having for its object the minimizing of this particular cause of loss would be favourably received by them. With the natives along tiie coast it is somewhat different ; their traditional code of ethics admits of no period of immunity for any wild animal, and the contingency of future decrease appears to them to be too remote to be taken into iheir consideration. They are constitutionally observant, and in no degree reticent about tlie killing of females with young, and the statements on this subieet obtained from them may be implicitly trusted. C34. On the question of the general composition of the pelagic catch in respect to sex and age of seals killed, and the special abundance of various kinds of seals in certain parts of the huntinj; area or at pmticular dates, evidence varying much as to numerical proportion and often diametrically opposite in bearing may easily be obtained. It is only natural, and is entirely in accord with what might b? expected, that the proportions of seals by sexes and ages should be found to differ very cor.siderably in different instances, even in a single year, in conformity with the dates or places in which the greater proportion of any particular catch was secured, and the kind of seals in each case fallen ia with. Some landsmen are found to be emphatically certain that nearly the whole of the pelagic catch consists of females, but this does not accord with the testimony of those who are or have been actually enj^aged in sea-sealing ; and while it is not maintained that the evidence of such practical sea'ers is entirely untinctured by motives of pei*sonal interest, it must be evident that these men know more on the subject than any others. Subjoined are quotations or abstracts relating to the composition of the pelagic catch, obtained from what are believed to be trustworthy sources, and in a number of cases derived from statements made over the signatures ot the individuals as taken under oath. The very fact that theae statements, though taken at did'erent times, and while varying considerably from the point of view of nunerical proportions, tally very well in the main, one with another, is an inherent proof of their credibility. 035. It must not be forgotten, however, in examining these statements, that the comple- mentary informa ■•)n derived from the breeding islands shows that the persistent killing of young males has led of late years to the existence of a very large surplus of females, and that, therefore, the proportion of females to the whole numbers of seals, whether at sea or ashore, is, at the present time, according to the information obtained by us, quite abnormal. The term " coast catch," often used in the following statements, must be understood to mean the seals taken to the south of the Aleutian Islands, and, as a rule, to those takea south of any part of the coast of Alasko. * See " Bull. Mui. Coii-.p. Zoo).," vol. il, I'trt f, p. 105. r-M 'IIS, lit mm '"^i^iMiVif^^iWI^iiiiiiiHppppiiiiipi 119 The evidence first quoted below, is that obtained fiom Indiun hunters. 'J'he Indians of Ncah Bay, accustomed to hunt about Cape Flattery, in ihe State of Washington, informed us that in the early part of the summer they otten found living young in females killed, of which at that season there was n considerable proportion ; i)ut later in the summer no gravid females are found, most of the catch consisting of young males or young females. Of the total catch, tliey thought that about one-twertietli consisted of grey pups. In 1890 seals of this class were nbundant, but in 1891 very few. 636. At Nawitti, near the north end of Vancouver Island, the Indians find young in the females killed in the early summer. These arc quite strong, and if thrown into the wiitcr swim well. One man kept such a young seal alive for six days. 637. At Bella-Bella, the Indians think thut the larger proportion of the seals they kill in the early part of the season are females, and these are often with young. Young taken from females often live for three weeks or a month. They drink water, but will not eiit, and so probably die of starvation. Some time in May the females disappear, and tiie greater part of the catch then consists of young males, by which they mean males some- what smaller than the full-grown female. 638. About the Queen Charlotte Islands, many of the seals killed are females, and a large proportion of these, in the latter ])art of April and early part of May, are with young. The Indians state that the young taken from the mother might live a couple of hours, but they are invariably killed, as it is believed that if allowed to live the hunters will be unlucky. A White hunter, who had been with the Indians here, stated that he had tried to keep such young, which could, in some cases, swim quite strongly, but that the Indians had begged of him to kill them. Mr. A. Mackenzie, when bu\ing skins for the Hudson's Bay Company at Masset, refused to purchase the skins of unborn pups on any terms; but after a time the Indians found they could sell them to the Chinese, working at salmon canneries on the Skeena River. 639. About Bonilla Island, in the northern part of Hecate Strait, the seals obtained in spring are chiefly females, but after the 1st June these leave, and the catch is then composed of non-breeding seals, supposed to be about three years old. The young are often fully matured in the female, and Indians say that they will swim if thrown into the water, The people here have not the same superstition as those on the Queen Charlotte Islands, and have sometimes kept the young seals alive for three weeks or a month. Mr. Lockerby. connected with the Hudson's Bay Company at Port Simpson, stutes that the skins purchased there are classed by size, not according to sex, but, so fur as he can judge, a large part consists of young males, with a considerable proportion of grey pups. 640. Indians hunting from Sitka, in South-eastern Alaska, often find living young in females killed. These are skinned, and the skins possess some little value. 641. In the eastern part of the Aleutian Islands, so inconsiderable a number of seals are killed in spring or summer, that very few gravid females can be included. 642. The following evidence on this particular subject is that contained in written statements as to the various places of sealing, made by some of the most experienced and intelligent pelagic sealers : — 643. William Fewings says : " It is very seldom n female is killed in Behring Sea, carrying her young with her, and out of 1,000 k'lled on the coast earlier in the season, less than one-third arc females carrying their young." 644. Captain J, D. Warren savs : " Of the seals taken aloiig the coast, about oue-half | are females, and of the females, not more than one-half arc with young. In Behring Sea, not more than I in 100 of these taken by the hunters are females with youiis;, because as soon as the females carrying their young get into the sea they go to tiie breeding islands or rookeries, and in a few days their young are born. The cows remain with their young till they are quhe able to take care of themselves. I do not think that of the seals taken by Indian and White hunters more than 30 per cent, are females actually breeding, or capable of breeding. 'Old bulls,' 'bachelors,' 'two-year-old pups, and ' barren cows ' make up the great majority. Cows actually breeding are very watchful, and while on their voyage northward are ever on the alert, so they are difficult to take. On the o'her hand, the other classes above named make up the great class of j ' sleepers,' from which fully 90 per cent, of the whole catch of hunters is derived. I never saw or heard of a ' cow ' having her young beside her in the water, either on the ] coast or in Behring Sea." 645. Captain William O'Leary says : " About half the seals token along the coast are cows, and jicrhaps two-thirds of the cows are with young. Putting a vessel's catch at 1 400, from 150 to 175 might be cows with young. In Behring Sea the average of cows with young killed will not average 1 in 100, for the reason that as soon as the cows | reach the sea they go to the breeding islands, where their young arc born." ^^mmm tmmn^mm^ 111 George Howe savs : ** About one-third of the seals taken on the coast are cowa with pup. or capable of being with pup. In Behring Sea I got four cows with pupa in them." (Thia waa in a season's catch.) Albert J. Bertram says : " 1 got during the seMon 820 seals On the coaat I got about twenty-five to thirty fenialea with youn^ in them, and in Behring Sea I got six or seven. I never aaw a cow with her pup alonnide of her in the water." 64(i. In the sworn statements obtained by Mr. Milne, aud alrieady referred to, frequent reference is made to the composition of the catch, both along the coast and in Behring Sea. From these statements the following abstracta have been made : — C. J. Kelly, two years' experience in sealing, found the percentage of females to be always less than that of males. Cuptain Vi. Petit, who seems to have paid particular attention to this matter, says that in 1891 of 765 seals killed, 18 were females carrying young— not quite 2^ per cent. <* About 10 per cent, every season are barren cows, and 12^ per cent, grey pups (always males). My catch was more than 75 per cent, males; more males were taken in Behring Sea than in any former year." He further states that in 1886 he took otf Barclay Sound, in one day, 104 seals, of which 3 only were females. In 1887, on Portlock Bunk, 29 seals were taken in one day ; of these 2 were females. " More barren cows are killed than those bearing young." Captain W. £. Baker's proportion last year was 3 males to 1 female. The per- centage of barren females was considerable. Captain C. N. Cox states that females are more abundant in February, March, and April than at any other time. Very few females with pup are taken in May. Bearing cows are not got in Behring Sea after their young have been born. Of 848 seals taken along the coast by him in 1891, 75 per cent, were males, 15 per cent, were breeding females, and 10 per cent, barren females. In 1889, 90 per cent, of his catch consisted of ales. Captain A. Bissit believes that more males than females are killed, and that more males in proportion are taken in March and April than in other months. His catch in 1891 showed 75 to 80 per cent, of males. Captain T. M. Magneseo states that females are most plentiful in February, March, nd April ; they about equal the males then. Near Behring Sea the proportion is about males to 1 female. About half his catch lost year was females, 12 or 14 per cent, aring females, the others barren. H. Crocker, four years' experience, thinks females are most plentiful irom February to ay : 80 per cent, of the seals killed are males. K. Thompson, two years' experience, says that 70 to 80 per cent, of the seals taken e males. Andrew Laing, ten years' experience, found in his < oast catch that 3 in every 5 seals ere males ; in Behring Sea 4 in every 5 were males. 1 he females include barren cows. Captain W. Cox, four years' experience, states that females are most abundant in 'ebruary, March, and April ; in February and March there are as many females with 'oung as males. About (5 or 70 per cent, of the seals taken are males, 15 per cent, are n-en females, and about 15 per cent, bearing females. Of 2,434 seals taken by him in iehring Sea, about 6 jicr cent, were females in milk. Captain Charles Hackett, five years' experience, has observed no difference in the oportion of females in different months. In 1890 about one-quarter of his cat^h nsisted of females ; in 1891, about one-half. In a catch of 1,555 seals in Behring Sea, took only ten females with pup between the 15th July and the last of that month. Got ite a number of barren cows. Captain C. McDougall, three years' experience, took 1,100 seals in Behring Sea, of thich 800 were males. The propoi-tion of barren cows is about one to ten bearing cows Bebring Sea. Captain A. Douglas, seven years' experience, has not obtained more seals in one )ntli tban in another. One or two females in pup are taken during the season in bring Sea. Captain S. S. McLean, seven years' experience, got more males than females along |e coast ; about half and half in Behring Sea. About 6 per cent, of the females taken Bebring Sea are barren. My catch last year (1891) was made up of two parts males one females. 647. In conferences held with sealers, some additional particulars as to the proportion females taken were obtained, as follows : — Captain Dod stated that he had taken over 600 seals in Behring Sea, of which less n twentv carried young, and that the schooner " Viv»" in 1890 took 2,000 seals in [3051 Q I ■! M> wf^^im 112 1;;' T i I U Bfeliring Sen, of which only two were foniRlea with young. Cnptain Baker sbid thot in ISni on Portlock banks he found males most abundant, conBtsting of young, medium, and a few full-grown nnimaU. 048. A consultation held with a number of representative pelagic sealers oh tliii particular point elicited the following general statement, whicli, it is believed, is in entire accordance with this fhcts in so far as these are known fVom practical experience, us no degreto of reticence was shown in answering direct questions on all points involved : — It is generally admitted that a considerable proportion of gravid females are found anionj the seals taken in the early part of each sealing season. Such animals are generally falkii in with in more or less diffuse groups, one area of sc>i-surface being characterized by tlniu, another by young males or by yearlings, ii circumstance which may explain the rather varied proportions by sex and age of seals comprised in the catches of dinerent vessels. After about the 20th May, or, at latest, the 1st June, very few females with young are ever taken. The pregnant females then begin to "bunch up," and to travel fast toward Behring Sea, so that in favourable sealing weather (or, in other words, calms and lii;ht winds) the schooners cannot keep up with tiiem. After this time, the catch consists chiefly of young males or of barren females. H49. Behnng Sea is now usually entered by the 20th June and the 1st July, and in Behring Sea the gravid females are well ahead of the sealers, who have been working up the West Coast, and go straight to the breeding islands. By tlie time the seniors reach the sea, it is practically only the young males and barren, or young and non-breeding, females wiiicli remain dispersed over the sea to be taken. At a later dnte in t' c summer, a few feinnles in milk, and, therefore, presumably from the breeding places on the islands, are occasionally killed, but no large number. This last fact is the only one which has a direct benrin?, or establishes a direct connection, between the economy of the breeding rookeries and tiie hunting of legitimate pelagic sealers, as distinguished from raiders on the islands, in Behring Sea. The killing of unweaned pups upon the islands, together with other matters bearing on the possible excursions of breeding females to sen, are fully noticed in another part of this report, whicii should be referred to in this connection. 650. Statements of the most contradictory kind can be quoted on the subject of the composition of the catch made by the pelagic sealers. Doubtless, this varies very mucii in different cases and in different seasons, but a number of the statements met with arc so extreme from one point of view or the other, that they must be supposed to have l)ccii largely coloured by interest. The single fact, already referred to, that a certain numlnr ot the young males killed upon the islands are fbund to contain pellets of shot, is sufficient to l)elagic sealers between the !. Tiny have been originally better skinned and better cared for all through. It appears that at the factory, as a matter of fact, they can chiefly tell which are ■• noi'tii-wcst catch " skins by the obvious marks of shot or spear, which often reiuce lliu niatket value of a skin by 25 or 30 per cent. But there is nothing to show that such skills were not taken close to or even upon the Pribyloff" Islands. It is also easy, especially after the skins arc ready prepared, to recognize tk)c foi)r tciits: of the female. But, more especially in the smaller skins, the marks of sex ftrc extroiiu'ly difficult to trace. For instance, in one parcel examined in London, which \ya8 inai ked " faulty," all the nkins, with the exception of three, were female, and mo^^ pf thrm badly shot-marked. But the f^rcat majority were young females, giving but jittlo or IK) evidence of having suckled any youn^. There was no evidence to show whether these Mills wcic obtained at sea or on the rookeries by raids. 'I'liL- fcniale skins were also to be distinguished by the superior tineness of the fur, arc! by its being thinner on the "flanks" or under part than on the back. (E.) — Future of the Industry. (io4. As to the probable future of pelagic sealin' P> "• § House of RepretentativM, 44th CongreH, lii. SsKion, Ex. Doc. No. 43, p. 9. iii pp Hi I this Compariv— " Had a good tlilrig " Iri the lease: " They ^6f tU creatt] of llic ftii-Seat business, and" kept the decrease dark." "VVithout Ih an^ way indorsing this statetiietit, or attributing any such settled i^olicy to the Company, it is certaift that the publishefl rtport^ did not bv any means convey a i'ull and correct statement of the coridition of aiTairs a.''d progress of events on the breeding islands. G76. It is agreed on all hands that tlie Pribyloff tsltttids were in excellent cpnditioQ wlien finally ceded by Bussia. The fact that the excessive slaughter oi* lSd8 did not lisad to an immediate collapse in seal life uport them is alone sufficient to show this. In i" talk hiul witli six of the oldest and most ex|)erienced natives on St. Paul Island, all affirmed that the islands had never since been so well stocked with seSls. Bnterin^ ihtb .(jetaiiii, tiiey explained that the North-east Point was then completely occupied DV seals both to the north and south of Hutchinson Hill. Tolstoi was in like manner entirety covered, Iwliilu tl)e Keet Peninsula was wholly occupied by cows and seacatchie as A brecdtbg jvooia-rv, and the killable seals founcl room to haul out only at its 'nner end, oa the [gnnds. At this lime, 3,000 to 4,000 holluschlckie might easily be. collected iti a single |(hivi; from Middle Hill, Soutii-west Bay, or the hauling grounds nearest to the Reef [Point. ii'il, Mr, Daniel Webster, who has been almost continuously on the Pribyloff Islands Isince 1MG8, most of the time upon St. Paul Island, and whose statements bore evidence of j entire lionest)', gave evidence fully corroborative of that above uiioted. He expressed Ihiinseif as confident that the seals were in greater abundance in 1868 than they had ever Ibcen since. In that ^ear of unrestricted slaughter, sotne 76,000 young males were killed Ion North-east Point by the single Company with which hb wrts connected, and without lexliausting tlie supply. " In 1874 and 1873, from 35,000 to 36,000 skins were taken each [veav from the same rookerjr wiihOut undue difficulty. According to Mr. Fowler, who has [been familiar with St. Paul Island since 1879, from 29,000 to 18,000 skips were tafeeH |fiom North-oast Point in that and some subsequent yearq. By the otficial figures, it is Bliown that 1.5,076 skins were obtained here in 1889, and 5,007 in 1890.* Mr. Fowler expressed the belief that in 1891, if killing had not beett restricted, at least double that Jniiinber migiit have been secured at North-east Point. 678. Keturning, however, to the earlier years of the Alaska Commercial Odttipany's llease, it is found that in 1874 Lieutenant Maynard, as the result ot his inquiries in that [year, expressed the belief, though not without reservation, that the nutiiber of seals resorting |to the islands had not decreased between 187.'J and that time.* . Ca|)tain Bryant iiote^ a light improvement in this year as contrasted with the unfavdurable conditioris observed iti p87;5.t It was Hot till 1875, however, that the atinual slaughter required to prdddce |00,0{IL) marketable s!:nt says that "the decrease in number of breeditig iiiales may be considered to have reached its mi limum [.9ic] in 1876. In 1877, the last Reason I spent on the islands, there was an evident increase in the numbers of this cla88."§ ]n the same year, before a Committee of Congress on the Alaska Commercial Company, lie repeats his statement as to the too heavy rate of killing, saying: "I think thdt thb Sutnber of 100,000 was a little more than ought to have been begun with. 1 think if we had begun at 85,000, there would have been no necessity for diminishing. On the bther land, i think that witliin two years from now it might be increa8ed."|| 680. In 1876, a lengthened inquiry was made by a Coinmittee of CongrcSs irt regard lo tlic operations of, and certain charges made against, the Alaska Com.iiercial Coriipdhjr. [I'his Committee does not seem to have had clearl'/ before it the fact, that the actual [iiiinber of seals killed under the lease considerably exceeded 100,000, but the view ^rrived at as to tiie killing of 100,000 seals annually, included in the official report of the * IIouso of lleprcseiitative), Ex. t)ob, No. 43, 44tli Congress, Ut Seision. t "MoiK ^rapli of North Ameriesii Pimi(t)eds." \ " I'll- ■seal Fisheries of Alnvlu," House of Keprescnlitivea, E<. Doc. No. 83, 44th Congreii 2nd St'sstoti, 17i; .ik( 177. § Uiioleii by Allen, " Moiiograpli of North American Pjniiipeds," |i. 309. j' IIouso uf Kepreienlatives, 44th Congress, 1st Seisiou, Uejiort No. G23, t> 99. ■^- w^ 118 li II' I l4^~ Iff r investigation is plainly expressed as follows : " It is ocrtAiii that to kp) ''^ore tLun thu number (100,000) would tend to a rapid decrease of the annual sur ply, and end in tlie extinction of the animals on these islands long before the expiration of the twenty yunrg that the lease had to run,*** 681. From 1877 to 1887, such allusions us can be found to the general condition of | the seals upon t'lc Pribylotf Islands in contemporary reports are almost uniformly o( an optimistic chumcter; and a perusal of these reports mis^ht well lead to the belief that a continued and satisfactory increase in number was in progress, which, it truly representing the facts, should have brought the rookeries in this period of eleven years into a state of I unexampled prosperity, though the facts were in reality far ditl'erent. 682. The only reference to any decline met with in these Repocts— and that is nn incidental one — is due to Assistant Ti-eusurv Agent Wai-dman, who shows that there was a decredse in tbe number of " killuble " seals on St. George Island in 18H2, as compared with I88I. His statement serves to prove, at least, that the practical limit of killables on St. George had been reached in 1883, at a number of 21,000 or 22,000. and that the balance of a quota of 25,000 accorded to tiuit island had to be made up on St. I'aul.f 08.^. Though not to be iound in the tontompornry Reports, the true history of tiiesc years can now be very ckarly understood, in ii general wuy, us the I'esult of more recent investij^ations and of our own inquiries. 6S-4. Mr. Elliott's "Monogrnph" of the FribylofTIslands is based on examinations cnninj out in 1872.74, and his statements of fact clearly show that nearly half the breeding rookeries and hauling grounds were at this period, and had been for at least ten yoars previously, entirely exempt from "driving," and therefore constituted reserves of seal life, and especially of young male seals. lie writes :— " As matters stand to-day, 100,000 seals alone on St. Paul can bo taken and skiiincti in less than forty working days, within a radius of 1^ mile.i from the village, and from thf salt-house on North-east Point ;l hence tbe driving, with the exception jf two ex^erimonttil drives which I witnessed in 1872, has never been made from longer distances than Tolstoi to the eastward [westward], Lukunnuu to the northwanl, and Zoltoi to the southward of the killing grounds at St. Paul village."^ Whatever may have been the detailed history of the seal interests on St. Paul in the i intci'vening years, the fact that in 1879 it became necessary for the iirst time to extend the area of driving so as to include Zapadnie and Polavina rookeries, or tbe hauling I grounds adjacent to them, shows conclusively that a great change for the worse had alrondv j occurred at that dat«. This cannot be explained by any theory of the more reduction in I number of redundant young males, for even if it be udn)itted that seals of this class were to be found in excessive numbers at^er the slaughter of 1868 (which is not probable), the normal ratio of such males resultin.:; from any logically permissible killing should ituvc been reached long before this time. 685. Many years ago, under (he Russian regime, n small native settlement was I situated near the rookery ground of i oluvina, and seals were regularly killed thon<. | 'IVaces of this old settlement may still bo seen, but it has probably been abandoned since the time of the " Zapooska," or intermission of killing which took eflect in 18;^."), at which time most of the "natives" were removed from the Pribylotf Islands, r'tom information gained on the islands, it appears that in or about the year 1879 the salt-house now employed at Polavina was first built, and that driving has been annually practical both from Polavina and Zapadnie ever since, but with much increasing persistency in later years. 086. The time at which the dcci-ease in killahlc ser.ls hi ,^m\ to make itself actuallv apparent in the acknowledged difficulty in obtaining the annual quota of skins is tiuis pretty definitely fixed by circumstances, but other corroborative information with a similar meaning is now not wonting. Colonel J. Murray, Assistant Treasury Agent, in his Kepoii for 1890, writes: "The whole truth niust, nevertheless, be told, and that is, that the seals have been steadily decreasing since 18S0."|| The older and n-^re experienced nativoss, conversed with on St. Paul Island, after describing the great abundance of seals rttlie time the D rated States first took possession of the islands, stated that the decrease became V(', Ho 3883 , 3S. t The iialif are not emoloyrd in the original. I Uiilird Sltleo' Censua Hrjiort, p 7>. jl S«nitle, Ex. Doe. No. 49, 5Itl Congrrs:, 9ni) .Sesiinn, p. S. re tbun this end in the twenty years conditi(M\ of | formly of an belief that a representing lUo a state of | iid thut i!< an t there was a ampared with ' killablcs on , and that tlie . I'aul.t itory of these f more recent lations carried the breeding ;ast ten years ei» of seal life, n and skinned j' , and from tk > e>. lerimeiital 8 than Tolsioi southwunl 01 it. Paul in tl)c i me to extend r the hauling i se liad ah'oady e reduction in this class were irobable), the should have :leniont was \illed then', anduned since in 18;i'), at ands. rrom te salt-house lly praclisiHl itoncy in later itself Hctually skins is tiim with a siiitiliir , in his Koport that the seals enced natives, lis rtthe time hecanip vt>ry HU th i " ', h"|ii.v, No. 3b83 119 687. One accessory cause of the decrease so plainly shown at this particular time, is nerhai)8 to l)e traced in the great mortality of youn^, be left out of consideration. 690. Of these persons questioned by us, almost all who possessed a familiarity with the PrihylofT Islands, including sevend who hud previously been connected with the Alaska Commercial Company, were, in 1891, Ibund ready to admit that in 1885 and 1886 the decrease in the number of seals to be found on thv, 'slands, and particularly that of killable •i'-als, had beconte very striking. It was not, howcvci-, till 18S8, that the existing state of (.'(■ii' f)und some recognition in the ofticial reports, when Dr. II. 11. Mclntyrc, then ; fur the lessees on the isl.inds, admitted to the Congressional Committee on the : M'al Fisheries of Alaska that the seals had decreased since lSiS2, and that it had iieeoine diflicult to obtain t'.ie full quota of marketable skins, adding : "There are at iiresent, in my opinit>n, too few bull seals to kee|) the rookeriis up to their best con- ditioii."» (i9l. In the years 1886, 1887, and 1 888, the anminl pelagic catch in IJchring Sea iinihably did not exceed 17,000, being thus less than one-lit'tb of the slaughter ujum the islands ; and even if it bo admilfod, for the sake of argument, that the killing of this niMiiher at sea was more injurious than that of a like number on shore, sucl. alleged injurious erttet could scarcely have begun to make itself appai"iit on the ro' keries (or thne or fmu' years after it took place. (i,t'2. riie conditii)ns obtaining «)n the I'rihyloH" Islands in the last llnve years hive been so fully referred to in the present report, and in various reptuls made by the officers in ciiarye. that they scarcely require detailed recapitulation in this particular connection. In 1^89, Mr. C. .1. God" leported an alarming shrinkage in ibe rookeries and hauling t:roiuiils; and tbough the full (piota was obtained, this was only dune by lengthening the killiu!.' >easoi> '» the end of July, and grcitly lowering the sfamlard size of seals killed. In 189(1, luii.>; 'iio lirst year ol the North .A.uerican Couunereial Company's lease of the I islam!";, d I'-mbek to be killed, in view 1891, the result of our own examinations, as well ns the evidence collected [bv us from all available sources, lead us to believe that soeue at least of the bireding [rookeries are in a better condition than in the previous year, while in none of them is any further deterioration noticeable — a circumsiance wliic'i fully justities the action fallen in estrietinr the cote!> in 1890, and clearly indicates that the rookeries, however reduced in ilunnber. >osses8 an abundance of recuperative energy. •li: Ihtt- (C.) — Standiird Welyhts of Skins taken. (ilM. Closely connected with the foregoing notes, and of interest in showing thut the ^eipiired number of young nuile seals has not been kille, the last year of the cxpinil lease, that the extremely unfavourable showinji in 1S!)() was duo. Continuous killing hail letl very few young seals to come Corwaiil to properly killaliic aj^es in 1800 ; and thus Mr. Gort' notes that, of the seals returning 'o tlie islands in that year (besides tliose actually on the breeding rookeries), nearly all were the young of the preceding year. 69(5. This lowering of tbe standard weight of skins appears to have commenced as eurly as I8S3 ; ft)/, in 1888, Dr. II. II. .Mclntyre says: "In I88"} the sizes decrease], and have constantly decreased over since. Last year ibey ^^ent an urgent appeal to take larger skins, as the sizes were running down ; but we were unable to respond, and duriiii,' tbe present year the catch averages still suniller in size."* 007. Fiom information obtained from trustworthy sources on the Pribyioff Islands, it uppears that tbe reduction in the standard weight of accepted skins was well known aiil recognized there in 188i» and 1887; and that from 1888, inclusive, many o-lb. skins were taken, ami all 2-, 3-, ■ nd 5-year old .seals were accounted marketable; while in 1880 about 40,000 very smai .- ':w tnken to complete tbe ipiota, averaging probably about 4 lbs., and in some easej ; ''own even to l\] lbs. 608. Thus, arriving at this i'. lusim from the known weight of skins of seal^ ul various ages, it ap|>ears that, in 188!), e*en yearbng >eals were killed in large romlkis. One noteworthy result of such killing re(|uires special mention, i.e., that in consetpieiicc of tbe recognized great difticulty (amounting in must cases to absolute impossibility) ol' distinguishing virijin females from young males of corresponding size, it is (juite certiiii that large nund)ers of femiles as well as males must luivo fallen under the club in tliese years jl reduced standards, and that tbe protection sujiposed to bo attbrded to feuiak. by t!ie nietlu ds employed on the islands was, in ccnisecjucnce, necessaiily rendered largely tictitious. GOO. Referring specially to tbe catch of 1800, .Mr. Uoff writes: "There have liceii no 2-year-olds of an average size turned away this season; they were all iinmcdialily clubbed to swell tiie season's cateh."t 700. Tlins, even excluding tbe extreme case afforded by the year 1880, it is uppaieiii that all niale seals except yearlings and full-^rown seacatchio, together with many virgin females, have, on the breeding islands, been considered fair game by the ^eak■^s for several years past, and, witl- this circumstaiuo in mind, the cause of the deartli ol males upon the rookeries is not far to seek. I^iot content with taking; the young iiiaks at the year, or within the peiiod of two yeaiy in which tbe skins are most valuable, tlic killing was carried back into the more numerous ranks of the very young animals uiini which the supply yf suitable skins lor future years depended, while, at the same tiiiio, other males, whieli had escaped previous slaughter, and become too old to afford liist- class skins, were not allowed to take their places upon the breeding grounds, but were also killed to increase the catch. 70!. Tbe facts above citeil afford a connected train of evidence, showing tbe giuiluiJ reduction and deterioration in condition of seal-life u|)on the Pribyioff Islands, allogetlur apart Iroin tbe estinates of ihe total number of seals made at various times, and as uv believe of n more trustwortby cbaractcr than these. 702. As to the comparative conditums in tiie years ! SOU or 1801 with that ol tin early years of the United States' control of the islands, no accurate information can be given. Tbe result of our investigations and study of tie subject in all its beatings j leads us, however, to believe that the aggregate numbers given for these earlier years liiive been greatly in excess of the facts, and that while the latest estimates published mav not be too small, the total amount of shrinkage has been very greatly exaggerated by means it | coniparisous instituted between these and the excessive estimates of earlier times. Beeaiisu of this want of trustworthiness in the first estimates, therefore, any present estimates ot a general cbniacter, however carefully made, and though interesting in themselves, eaniiut be accepted as criteria jI value in relation to the (juestion of the actual amount of deeuiifO. 703. The case with which fictitious reports may be built up on imiiert'cct or ill-eon- sidered e.v parte evidence is illustrated by a remark made by Elliott, who writes : " I notiivd I in this connection u very queer similarity between tbe sealers on St. Paul and our furnici^ * •• Fur-m-nl rislirrirt of .Aluslsa," Home of H»>|)resi'iilalivi'S, aOlli ('otitce!"! 2ml S'.irt No. ''iiX I-. lis. t SmiuIo, lix. Uuc. No. 40, AUt Coiigrvin, -Jud Ijvsiioii, p. Oi. •'■ i*i(tti] 121 IU[>M No. f6b1. at liome ; they, just M the wnsoii oi'liik, iiiviuiably piophcay a bud year lor seals aiul u scant supply ; then, when the season iU)sc«, liiey will gravely tell you that there never were so ninny seals on the island before. 1 was "greeted in this manner by the agents of the Conipany and the government in 1872, iigain in 187M, and axa'n in tS7l. I did nut "et up to the grounds in ]87() soon enounh to hear the usual spring frookinj; of disaster; but arrived, however, in time to he;\i' the regular cry of, ' Never was so many seals hero before!'"* ' , ,v .,. i, ,■" i ..,.*.. .. ..-ipu. .' i'.v H 'n-.U . " liiM.t;, ("■, IJiivwg ot beats, 704. One of the most important points connected witii the method of taking fur-seuls on the Pribyloft' Islands, is tliat of the driving from the various hauling grounds to the killing fzrounds. However sategunrded or regulated, the method o( driving fur-seals t)verliui(l for considerable distances must be both a cruel and destructive one. Active and (;vncelul as a tisli in the water, the fur-seal is at best clumsy and awkward in its movements on Iniid. and though it is surprising to note at how good a pace it can, when forced to do so travel among the rocks or over the sar.d, it is also (piite evident that this is done at tho expense oidy of great cdbrt and much vital activity, as well as at serious risk of physical injury. A short shuffling run is succeeded by a jieriod of rest, and when undisturbed, all niovcuients on shore are tarried out with the utmost deliberation and frec|uent stopjiages. Hut when a herd of seals, half crazed with flight, is driven ior a distance of a mile or more from the hauling ground to sonic killing place, already pestilential with the decaying eiircasses of seals jjreviously killed, it unavoidably, and however frequently the animals nuiy be allowed to rest, entails much suffering. When the weather is at all warm, or when the seals are pressed in driving, individuals frequently drop out and die of exhaustion, (itliers iitjain are smothered by the crowding together of the frightened herd, and it is not iiifn(|uent to find some severely wounded by bites ruthlessly inflicted by their companions when in a high, state of nervous tension. It appears also, from information obtained on this subject, that in warm weather seals, during a drive, occasionally pass into a state of violent spasmodic activity, which is aimlessly maintained till death eiuiue;. Under such ciiciinistauees, drives have not infreijueutly had to be abandoned. iO"). On St. Paul Island, the longest drives now practised are those from I'olavina to the vicinity of th.e salt-house near Rocky Point, and I'roin Tolstoi to the village killing grounds. These are about equal in length, and each not nmch less than two miles. On St. Ceorge, the longest drives arc from the Oreat Eastern Rookery and from Starry Arteel Rookery to the village killing grounds, each being about three miles in length, the time oc'iupicd in driving being from four to six hours, according to the weather. Under tiie Russian regime much longer drives were made, and in the curtailment of tiiese a very considerable improvement has been etlcetcd, but the essentially injurious features of the drive rcnuiin the same. 70(1. On Uchring Island, of the Commander proup, the drives are short, the longest biing about one and a-half miles, from the South Rookery. On Copper Island, on the contrary, the drives generally extend across the island, and arc I'roin three to four miles long, very rough, and crossing one or more intervening steep ridges. These drives must he nuiih iiion; trying to the seals than any now made upon the Pribyloft" Islands, and are, in lact, only rendered possible by extreme caution on tlie part of the drivers, and by tlic expenditure of mush time. 70". Ii it were possible to drive only those seals which it is intended to kill, little exception could be taken to the method of driving in the absence of any better method, but tlic iiiiiigliiig of seals of varied ages u|)oii the hauling grounds from which the drives are takui, even under the original and inoie favourable conditions of lornier years, renders it I necessary to drive to the killing place many seals either too young or too old to be killed. It is sonietinies possible to "cut out" from the diives many ofthe.se unnecessary iiidiviiluals en route, and great care is exercised in this respect on the Commander Islands, tiioiigii little appears to have been practised on the Pribylolf Islands. 7('S. It admits of no dispute tliat a very considerable iinpaiimcnt of the vital energy [ot seals thus driven, and eventually turned away Iroiii the killing grounds, occms, altogether I apart troni the certainty that a proportion of such seals receive actual physical injuries of one liuml or anothei', but this appeared to ln;vo been reeoguized on the Pribyloff Islai.ds only [within (lie jiast two or three years. The circumstance which has called particular atteiit.on lo this source of injury to seal life is the greatly incrcaseii proportion of ineligible [}m\ llnitpd States' Crnsiin l(t>|ioi't, p. 169. I; i<: R 2 122 seals which have now to be driven up in company with the diminishing quota of " killables." It is unneecssury to quote authorities at length on this subject, but a sin;rle citation from Mr. GofF's Report of 1890 will he sufficient to show its genera! character. Mr. Goff writes : — " We opened the season by a drive from Reef rookery, and turned away over 83^ per cent, wlien we should have turned away about l.*) per cent, of the seals driven, and we closed the season by turning away 86 pec cent., a fact which proves to every impartial mind that we were redriving the yearlings, and considering the number of skins obtained, that it was impossible to secure the number allowed by the lease, that we were merely torturing the young seals, injuring the future life and vitality of the breeding rookeries, to the detriment of the lessees, natives, and Government."* 709. In other words, many of the seals turned from the killing ground on one occasion, return eventually to the hauling-grounds, and may thus be driven and redriven throughout the entire killing season, if they do not meanwhile succumb under the strain. 710. Owing to the restriction imposed on the killing of seals in 1891, we were ourselves able to witness the cttl'ct of two small drives only, one on St. George, the other on St. I'aul. noth these drives were made from the grounds nearest to the village killing places, and were therefore short. The weathei was favourably cool, and the actual driving from the rookeries to tlie vicinity of the killing ground was accomplished with all requisite care and deliberation. Notwithstanding this, the seals were in both cases evidently very niiicli e.\haus!ed and completely witless from fear. The animals Ici go from the killing grounds at St. George set out, when released, in small groups towards the obore, not far off, bnt from weakness were unable to go more than a few yards at a time ; while some of them, notwithstanding their terror, were unable to keep up with the rest, and simply lay helpless upon the ground. On dra.ving the attention of one of the gentlemen superintending the killing CO this, he remarked that it was nothing unusual, that, in fact, they not infrequently remained thus in the immedi ite vicinity of the killing ground for several days before recovering. 711. Much the same observations were made in the case of a drive on St. Paul Island, but it wai. noticed here that 100 or 200 of those set free, after slowly making tiieir way for 500 or UOO feet, remained in an exhau.sted condition upon the grassy bank over- looking the northern end of Zoltoi sands, and, on the evening of the following day, many of them were still lying together at the same place without having made any effort to reach the sea, which was not over 200 feet distant. 71'.^. Incidental proof of the disastrous effects of driving may be seen along any of the routes ordinarily taken in the sig: iticant frequency of skeletons and bones around each rough and rocky place that has to be passed over in the course of the drive. It is of course difficult, if not impossible, to say wUli certainty in individual cases, to what extent this ordeal of driving may prove permanently detrimental to the animals driven. It may, how- over, be worth noting that Veniaminov, as long ago as 1842, quoted the natives as authoiitv for the statement that the seals thus sp;ued "are truly of little use for breeding, lying about as if outcasts or disfrancliised."t 713. Elliott, in his published summary of his investigation on the i6l>> ^s in ISUO, gives various reasons for arriving at a similar belief, and sums these up as follows :-r- " Therefore, it now appears plain to me that these young fur-seals which may liappen to survive this terrible strain of seven years of driving overland are rendered by this act of driving wholly wortiiless for breeding purposes ; tliey never go to the breeding grounds and take up stations there, being wholly demoralized in spirit and in body. With this knowk'd;^e, then, the full effect of the driving becomes apparent, and that result of slowly but surely robbing the rookeries of a full and sustained supply of fresh young male blood demanded by nature imperatively for their support up to the standard of full expansion."} Captain Lavender, Assistant Treasury Agent, i:i his Report for the same year, and speaking particularly of St. George Island, adopts a t>imilar view on the matter, saying:— "All the male seals driven should be killed, as it is my opinion that not over one-lialf ever go back upon the rookeries again."§ 714. Mr. Elliott, in the publication which has just been quoted, further suminarizes his ideas as to the causee of the present reduced condition of Pribyloff Island rookeries in the two following paragraphs : — " 1. From over-driving without heeding its warning first begun in 1879, dropped then until 18S2, then suddenly renewed again with increased energy fron) year to year, until the end is abruptly reached this season of 1 890. I '^ 1 : I..- • Senate, Ex. Doc. No. 49, Sl't Congrps', Snd Si-sfiun, p, 4. t Tinnrljiioii liy Ivlliutt in Uiiitei', Stitek' Cphmis Kppurl, p. HI. ^ Pa>li.ii\'ciiiary I'npcr fC— fi.'"isj, .Iniic 18'.ll, p. 57. § Ibitl , p. 91, 123 "2. From tlie shootini? of fur-seals (chiefly feniiiles) ii» the open waters of the North Pacific Oceiiu and Behring Sea bei^un as a business in 1886, and continued to date."* 7]'). It will be ol)served, iiowover, that, even according to this statement, the ovcr- rivinc began, in consequence of marked diminution, some seven years before it is aliej!;ed hat peia;;i(! sealing " began as a business." 71C. As aheady indicated, all the evils incident to 'driving' in any (orni became ■rently intensified when, with a dimini-ihed number of billable seals, the attempt, is still 'ontinued to obtain a large yearly numl)er of skins. This occurs not only because of the Jrivin" and rcdriving above referred to, but also in conseciucncc of the fact, that under kucli circumstances the remaining killables lie very close to the breeding rookeries, BO that it is no longer possible to nuiko drives without disturbing the ro<)kerics lieaiselves. Thus, it has occurred tiiat, in late years, considerable and increasing numbers breeding females have been driven to the killing grounds with the killables, though when ecognized there in the process of selecting for killing, tliey have been released. The Lrobable special effect of such treatment of female?, as well us the fact that in the Sisturbances caused upon the breeding rookeries, a certiiin number of the young are Umost certain to be killed, have been already noted. 717. Speaking of the years 1872-74, and in connection with the driving of seal.s, even Lt that time, lilliott luakes the following remarks : " It is (juitu im|)ossible, however, to get Iheni all of one age without an extraordinary amount of stir and bustle, wliich the U "uts do not like to precipitate ; hence the drive will be found to consist usually of a are majority of three- and four-year-olds, the rest being two-year-olds principally, and a fery few, at wide intervals, Kve-year-olds, the yearling seldom ever getting mixed up."t I 71H. Referring particularly to his experience in 180[), Captain Bryant writes : " At the liose of this ])eriod the great body of yearling s.^als arrive. These, mixing with the roun"er class of males, spread over the uplands and greatly iiicre iso the proportion of irime skins, but also greatly increase the difficulty of killing properly. Uji to tiiis time, bere having been no females with the seals driven up l()r killing, it was only necessary to listiiigiiish ages ; this the difference in size enables tliesn to do very easily. Now, lowever, nearly one-half are females, and the slight difliereuce between these and the lounger males renders it necessary lor the head man to see every seal killed, and only a Iron;' interest in the jjreservation of the stock can insure the proper care.'' J 719. The meaning of these remarks and tlieir bearing on thu possibility of restricting lie killing on the islands to males, becomes clear when it is remembered that tlio external enital organs of the male do not beconic distinctly obvious till about the third year of its i;e,§ and particularly so when it is remembered that even as long ago as 1872-74 the [Tmajor portion of the catch " consisted of two- and three-year-old seals, || while at other Iflies even yearlings have been killed. 720. In addition to the injury caused by the physical strain of driving, its robable etl'ect on the mental organization of a naturally timid and somcwliat intelligent liinal like the fur-seal must bo great. The killing grounds ihemselvt-s are always krcwn with the carcasses of former victims in various stages of decomposition, and even in lie small drive witnessed by us ou St. George Island, the various " pods " of seals, acluding both those turned away and those killed, were actually driven over and among lumbers of putrid bodies, by which the whole atmosphere in the vicinity was iiil'cclcil. It ; believed, in fact, that this special feature of the driving is responsible to a large (tent for the increasing disinclination of the seals to remain upon the breeding islands, new but not unnatural tenc'ency specially noticed and reported ou in regard to ibe Bouunander Islands, and evidently still further operative on the Pribyloff Islands. 721. Ueviewing, then, the subject r,i driving as a whole, and without laying stress tbe more extreme statements which have been made as to its deleterious elfects, it ;|uitc evident that even if a small measure of the injury referred to this cause actually appens, the proj)ortion of loss of seals to the whole niimbci" of skins obtained ou the Iribylolf Islands, due to this one cause, must very considerably add to the waste about 7 per cent., which is admitted by the oiiicial figures. The aggregate loss incurred is tims the result of various causes, which together involve the killing of many pais which ought not to be killed, and it is evident that the methods of driving and jilling on th hetit. Pribyloff Islands, as now practised, are susceptible of very great improve- • Parliiiincntaiy I'iiiioi [C. — tiitidj, Jiuii- ISO I, p. o(J. t L'liiteii Sialfi' CViiJin lUpnrt, p. 72. .,,, ■ ,., ,: J "Bull. .Mils. Comp. Zool.," vol ii, I'avt J, p. lo.i.' • . S " Fisliery Industries o ' tin- United Suilos," vol. I, p lOV. (| Uiiitcd Siiitps' CVn».;!i Ki-jioi t lit' I ';■: , I t i 3 ' ■ti I I , ■15 IN jlJi../ 124 (K.) — Protection of Hooker its from Distiirbanre. 722. Reverting to the general ciuestion of tlie manai^cinent of the seal industry ot'tlic Pribyloff" Islands, it is conceded by every one tiiat the most iinporfat\t single matter i-; the safeguarding of the breeding rookeries from disturbance of all kinds. Generally speakiui;, the system adopted on the islands has this end in view, but in 'addition to the siiotlHc disturbance caused in the ways already mentioned, other and uncalled for eft'eets of tlio same kind have been and are produced in consequence of a certain want of discipline and vigilance. Chief among these is the raiding upon the shores of the islands, which might and should be 8to])ped by efficient protection. This is referred to at greater leiigtii below. Some of the means adopted in the government and preservation of theCoin. mandcr Islands have already been alluded to, and notliing is more obvious to any niu' comparing the conditions on the Pribyloft' and Commander Islands than the grciter efficiency of the general control of the latter. This is particularly notable in the superior discipline maintained among the natives, who, as a direct corollary of their favnural position ns participants in the proceeds of the islands, are understood to be entirely at tlic service and nnder the orders of the Superintendent en the islands. The appearance of vessels in the offing is reported to hcud-tjuarters with the utmost promptitude, as noted in the case of our own arrival both on Copper and Behring Islands. The seals are more I carefully assorted before being driven to the killing grounds than on the Priliyi Islands, and the killing of young seals for native food has been prohibited now for seventeen I years. A fine of 100 roubles is exacted in the case of each female accidentally killed, with other such similar precautions. The methods taken to prevent the disturbance of senlj | upon the rookeries by smoke have already been alluded to. r' (K.) — Nntire Interrsls on the hlandn. ■ i :i <-• 't ^ -"'■'''• '_..■, ritit ; v-.i r.-h 723. The condition of the Aleuts of the I'ribyloff Islands has undoubtedly been nnicli] improved by their connection with the sealing industry, but it is difficult to see on what grounds the special advantages of u material kind allbrded to these particular people a$ distinguished from others of the same race, and partly at the expense of interference wiili the rights of hunting of those inhabiting the Aleutian Islands, can be advanced as a valid argument in favour of the perpetuation of a commercial monopoly of fur-sealing. The Aleuts | on the Pribylott' Islands are not natives of these islands in any true sense, but were brcush thither by the Russians for their own convenience, and to afford the labour necessary fori sealing. The actual circumstances of their existence on the islands are unfavourable to tlieir vitality, as evidenced by the fact that the death rate is higher than the birth rate, so that if additions had not been made from time to time from the Aleutian Islands, in conformity with the requirements nf the lessees, the immbcr now remaining would be insignificant. These people are, moreover, now in the majority of cases half-breeds, with often a notable preponderance of "white blood." As it is, the entire population of the Pribylott" Islands, according to the Census of 1890, amounts to but 308 pereons, and therefore the questioul of their dispcsition and maintenance cannot be regarded as a very embarrassing one, or one which should be allowed to enter seriously into discussions as to the means appropriate for the preservation of the fur-seal, or into the important questions connected therewith. 724. It is also clear that the so-called natives of the islands, though under ordinarv circumst?\nces provided for in certain respects by the lessees according to legal arraiise- ment, ha* j in |)ast times not always been among the (irst objecls of their solicitudi'. Many allegations as to the ill-treatment of tlic natives are to be found in the Congressional Reports on the Alaska Commercial Company and on the Fur-seal Fisheries of Alaska, while | a general indictment of the treatment of the natives by the Company by A. P. Swineford, Governor of Alaskr., is made so lately as in his Ueport for the year 1887.* 725. A single instance, to which it hap[iened that our attention was drawn, niiiyl be cited for the purpose of showing that the natives, even in recent years, received no more than strictly " commercial " treatment. This refers to the allowance of coal iiiadc| to them. The fuel to be obtained on the islands is confined to small quantities of drift- wood, supplemented by .seal blubber, or oil from seals or sea-lions, and naturally proves! insufficient for the requirements of a long and inclement winter. It was theretbre stipulated in the original ^ease that sixty cords of tire-wood should be furnished amiually for the natives on the two islands. For this, 60 tons of coal was afterwards substituted, and the annual allowance for St. Paul Island was fixed at 40 tons, .The supply thus • Page 31, etiff. liff Ifuinislied, being at the rate of about 1 ton |)er family eocii year, was naturally, and even Iwith such small local udditiono as could be made, inaufhcient, and when exhausted the I people often found it necessary to purchase more coal from the Company, of which the price was fixed at 30 dollars (0/.) per ton ! 72(3. This particular abuse has fortunately been remedied uuder the present lease for in lHi)0 the amount of coal for St. Paul was increased to 50 tons, and in 1891 the Govcnnient stipulated that 100 tons should be provided for the same islatui, where there (are now only thirty-eight families. The more liberal provision thus made, however, tends I to show very clearly hov/ insufficient that previously accorded actually wus. {(i.)— Raids. ^nr. 727. In forming an adequate estimate of the number of seals killed from time to time |in the North J'ncific Ocean, and especially on the PribyloH' Islands, it is necessary to take ■into consideration the numbers taken by "raids," an absolutely illegal form of seal killing, jwliich has for years past been in active operation. 728. This form of sealing has distinct historical connection with the originitl tieal Ihuntin;,' of the South Seas in the latter years of the last and the earlier ytais of the lunsint centuries. There seal hunting is and wns conducted entirely by the crews of vessels llanded on various islands or reefs where seals were to be found, the seals heing shot or jclublicd on shore, and the skins shipped away in the vessels. 7iJ), Such a form of sealing was obviously the most destructive that could bo devised. ItIic ?L'als arc easily herded together on shore by very few men, and can he driven slowly liniiiiul, and there guarded until, if need be, every sinu;le one of those thus herded is killed. iBut ill the process of herding them together on the beaches thousands upon thousands of gBvnh nround are and nmst l)c stampeded, and in their wild rush to the sea not only do tboy do themiclves much physical injury, but they overrun the smaller seals, and es|)ecially the i)U)is, that chance to lie in their path. We have ourselves seen the evil after* eflt'cts of such rushes in the corpsi-s of pups lying thick along such tracks. Mt;veover, ^n tlii? form o( killing it is usually the plan to pay jio regard whatever to sex. age, or Coiuliliiui, iind certainly females are not si)ared. 7;)(\ 111 addition to this, the raiding schooners make an abundant catch along the {rooki'iy iionts, wheie thousands of seals, and es|)ecially ot feuiales in milk, liabitually lispoit tiicniseives, and even play iiround any passing boat. Tiie consequent shooting )V tl'.c raiders greatly disturbs, scares, and scatters the ftiniales and malts on the bu'eding boolierics close by. There thus seems to he no limit to tlie nuiiibeis of females and other peals tlmt may be easily taken or destroyed by schooners cruizing close in shore. 7-51. Raiding is a purely piratical and illegal form of sealing when carried on along fchurcs over which Governments have extended their sovereignty, anrl particularly where fei;ulutions have been established for the preservation of the lur-seal. 732. At the present time, this illegal and destructive practice is carried on in various i)iu is ot tiic South Seas — for instance, in a paper by Mr. T. R. Chapman on " The Outlying Isimids south of New Zealand," contained in the transactions of the New Zealand Institute ifor 1890, though it is stated thiit the fur-seal is now veiy scarce on these islands; the jjieratioiis of seal poachers are referred to in connection with the Auckland Islands, C'uinpbc'il Island, Antipodes Island, and the Bounty Islands. Tiie naii^e "poacher" is lie re iijjplied to sealers killing on the islands, in contravention of the laws of New Zealand. ^oaie of the men thus referred to come from New Zealand itself, but the only vessel Bljc'cificallv alluded to in 1889 is the "Sarah A. Hunt,'' a seal-poacher from Auierica (p. 512).' 7a3, Again, in the Straits of Magellan, the British Vice-Consul at Sandy Point Sc|iorls in April lfc89, that the United States' schooners pay no attention to the iuter- [lictiun on sealing enacted by the Chilean Government, Indeed, the frequent presence ul iculiiig-vesseis, most of them hailing from ports in the New luiglnnd States of North ^nurica, is a matter of much concern to the different Governments now endeavouring to resti ve the seals in these waters. 7'Hl. There has been wholesale and most destructive raiding on Robben Island, and btlur islands in the Ukotsk and Japanese Seas ; and there have bt'en persistent and liiore or less successful raids made on the rookeries both of the Commander and Pribyloff jioups. 735. In recent times, in the North Piicilic Ocean, the greatest iiistaneu of the revival bf this form of seal hunting occurred during .the interval of the transference of the I'riliylof Islands from Russian to AmericHU .cqntrd. Some vesseU equipped for the ill Ul i' ■' i ^1 . !'!■ I.,'l kn r i; ii ¥ 1 1 \ 1 ; 1 : 1 i I'l : II ! r : l» , >1 126 purpose at oni c visited tlicso cclchvated islands and landed sealing parties. Various I Companies <;(" United Stiites' seiiiers oecupied the islands in 1868, chief among them bniidsuf Conneeticnt Miders, all of whom entered into armed combination to drive off" the sealers under I'lliii^el, wlio IkkI eoiue up I'roni tiie Siindwich Islands to raid. The gpncrnl result was that ar least 7.">,0()0 skins were seeureil in 1867,242,000 in 1 HOP, and 87,000 in | 1869, or a total of more than -10(),000 skins in tiiese three years. 7J'6. It is neeessiiiy lor our present purpose to review \lic details only of raids made I or attempted on the I'riliylotf Islands since the United ."states' (iovernnient leased these islands to the Alaska Commercial Conipany, and this Company took formal possession under establi'.lied Regulations in 1S70. 737. The existinir records are irregular, often insurtielent, and frequently consist of mere allusions or indirect testimony. It is, therefore, probable that hut a small proportimi I of the whole number of raids have actually been recorded, but the notices, such us tlnv ore, amply indicate what lias been doing. In .S'ptember 1870, the Secretary of tlit Treasury ;j:ave written authority to the Company to use fire-arms in protectini; tlie| rookeries aniiinst nuirauders. 738. Hetween 1871 an.l 1880 .-everal actual raids were reported, one of the earliest I being' one by the " Cygnet, ' of San Francisco, caught on the 30tli August, 1874, shoctinj seals close to Ottei' Island, and which raided the rolikeries at Zapadnie, St. George Island on the 1st Seplembcr, 1874. and again in 187.'). In July 187.'>, the " San Diego " wav seized oft' St. I'aul lslan,'off| the Reef Rookery killing seals, and she was represented to have taken altogctiicr 4,300 seals. In his report for 1887, he strongly urgid that a 20-ton steam-yacht, arnicd with one gun, should be provided to chase and board the schooners sealing along the islands. He writes : " While the ' Rush ' was busy taking care of marauders round St. George, those schooners were killing seals near St. Paul," being frequently in sight, but beyond the reach of the Treasury Agent. 754. In 1838, many vessels were seen hovering around the islands. One schooner | anchored in broad dayligiit in S.W. Bay, St. Paul Island, and boldly sent several bouts ashore. '< 755. In 1889 there are several records, especially around St. George Island, o( schoonei's coming along shore, and of strange men being seen on the beaches in September and October. On the 21st November, a schooner, supposed lo be the " An^'el Dolly," anchored half-a-mile from the shore, and sent four men ashore who killed seals, On the 22nd November at Zapadnie, St. George, the authorities discovered that three separate landings had been made, and found two clubs, seven dead female seals and one bull wounded with buckshot. In the autumn the " Allie Algar " raided on St. George, and procured more than 800 skins. A report in the "New York Herald " states that certain members of a schooner's crew boasted tliat in this year fifteen men had in five hours of one | night killed 1,000 seals on St. George. Practical scalers, giving evidence under oatli, testified that to their certain knowledge in the year 1889 and 1890 raids were made on the I islonds by the " George R. White," the " Daniel Webster," the "Mollie Adams," and tiiej " Adeie."" 756. In 1890, off the North-east rookery, St. Paul Island, on the 15th and 16th June, there were two schooners hovering, with boats o\it. From the 1st to the 4th July the whaling barque "Lydia" was crui/ing along close in shore. Mr. Tingle, the I Company's agent, saw a boat in a fog sealing within 200 yards of the beach ; he fired at # known of the 119 it with ilia ritie; an unseen vcsacl tit once bopfan to l>low lice fog-lioiii, the understood signal of recall to oil boots out. On the 28tli AuHiist n schooner anchored close to Northeast Point. Next day the revenue-cruizcr " llnsh " boarded lu-r. She proved to be the " Kate Anna," but JKid no skins on board. I'or the next eight days a sci.ooner was reported ott" the same rookerv. iiiichorini,' closi' in, lowcrin!; hrr boats, and continually shooting scaN within half-a- iiiilo of the shore. Notbinir ap^inuH to have been donu to slop her, altlioni;b Colonel Murray afterwards reporte. On one occasion he had seen the fresh blood-stained tracks down which the I carcasses had been hauled to the boats ; en another, he and his companion, on n fairlv dark night, had come ocross thirteen dead seals, clubbed the night before. They had tired twcaty-tive shots to warn off the raiders, and had noticed, incidentally, that these shots did t not in the least disturb the seals around. 7d9, In 1891, wc found all the resident officials and natives persistent in their [complaints of raids, and their reports of schooners hovering around the shores with intent to raid, and of that being reported especially on foggy days. When we first arrived at. St. Paul Island, on the morning of Monday, the 27th July, the Treasury Agent, Colonel I Murray, came off at once in a boat, and besought us to proceed without delay to the North- I east rookery, as shots hud been heard there repeatedly on the previous day, and at night ' close along the shore. Major Williams, the Chief Treasury Agent, and Mr. liedputii, I tliL manager for the Company, had driven over 12 miles to North-east rookery to see what could !>e done. When we went to the Company's house, Mr. Tingle, the general superin- tendent of the Company, was perpetually working the telephone to North-east rookery and [reporting thiit schooners were there. The vivid impression produced on us at the time was tiiat whatever the actual amount of raiding in progress, both Government and fCoiiipany were absolutely without proper means to stop it. On the 29th July wc saw a rbrigantine sail boldly right past the settlement, but there were no means at hand either to |detain or even to identify her. ' In the late autumn the revenue-cruizer "Bear" remained near the islands for ihirty- Isix days, and then proceeded to coal at Ounalaska ; the day after she left the islands a Isteam sloop raided the (Jreat Eastern rookery on St. George Island. 760. Corroborative evidence has been afforded in 1891 by the newspaper corre- Ispondents who visited Behring Sea. According to their accounts. Captain Alexander iCarlson, of San Francisco, had been a persistent raider since 1884. Captain Hansen, in Ithe " Flying Dutchman " [" Adele,"] perpetrated many raids, until his vessel was wrecked llast year. In 1891 he wished to obtain a coasting clearance for the "Borcalis," but his lopealy-avowed intention to raid led the Collector of Customs at Victoria to refuse him n Iclearance to Behriag Sea, and he went off to Okotsk Sea. Captain Downs, of the r'Hattie Gage," made a sworn afKdavit that his mate Adams, who superseded him when ■he was forcibly put ashore on the Shumagin Islands, was proceeding to make raids DU the Pribyloif Islands, and that in 1800 the Captain of the " Hattie Gage" had been .'f [305] 82 130 If i lii iW 1 { l> ' 1 ll I' ! relieved of the conunnnd because lie refused to make raids ashore. Captain Reilly, of tlio "Otio," said that if h, l.ad his owner's permission he would willingly make raids. 761. It will thus be seen that raiding on the PribylofF Islands has been carried on pt.'sistently at least since 18G8, and that from that date the authorities have knoffn of Jie raids, mid from the earliest time urgently demanded precautions in prevention. 762. The evils of raiding are very great . It is by far the most destructive form of sealing, combining nil the disadvantages and none of the advantages of the other forms. The killinj^ is chiefly of breeding females, as the raiders cannot penetrate far enough inland to obtain tiie young bachelors or immature female seals. Thus, the skins they obtain are those of females which are either still with pup or are suckling their young. Moreover, the process implies disturbance of the breeding rookeries ; the scaring of the seals during their breeding time, male, femah, and young; and th'i stampeding of whole rockeries, whereby, without doubt, there ensues that great killuig of helpless pups which we have already reported we observed in certain rookeries. 76!). We ourselves noticed the great ease with which, under present ai rangements, raids might be successfully carried out, und notiiing whatever be known to the residents at the moment, while after discovery depended merely on accident. Even on the rookeries immediately under the settlen. , s no look-out is kept. For instance, we steamed into the anchorage of the settlement at S*.. Paul, close past the Zapadm'e and Tolstoi rookeries, one bright moonlight night (14th September), and moved early the next morning by daylight round the Gorbotch and Reef rookeries to the other landing, without OP- presence becoming known in any way at the settlement. On the outlying rookeries pj watch whatever is piesent, except at North-east Point on St, Paul Island and Zapadnie on St. George Island. All the other rookeries on both islands are, as a lulc, absolutely without any watch or guard. On North-east und Zapadnie rookeries the guard con!='nts of two or three rative Aleuts who have rifles, but are instructed not to tire at men. Moreover, we are by no means assured that bribery by money or drink has not been actually practised over seme of these distant guards. Evidence was afforded of numerous instances of the signs of recent raids being dis- covered, although as to the actual occurrcn'^e nothing whatever was known to those in authority at the time, and we are not at » 1 surprised to see that in i-ecent yearb the j reports that schooners are hovering off Uvi island, anchoring close in, and sending boata ashore, are rapidly growing in frequency. As the prospects of a heavy catch ashore or along the rookery tronts are great, so is the temptation great, especially as chances of detection are few and innocuous, and chances of capture most remote under the present system. In sho.-t, under present regulaiions and arrangements, there is no difficulty or danmr i whatever to vessels raiding along shore any night, or in any of the frequent fogs at sevenJ of the best rookeries, except when a revenue-cruizer chances to be close by, an occp?ional occurrence well known to every marauding schooner. Moreover, the United states' cmi/ers never interfere with " whalers," some of which undoubtedly, at all events, leport the movements of the cruizers, forming as it were both watch-houses and storc" houses for the raiders, even when they do not themselves engage in actual raiding. 764. It is, perhaps, needless to reassert that this form of taking seals is entirely illegitimate, and although it is a very severe and disastrous drain en seal life, it is, nevei- theless, one for which the national government and the administration are entirely and solely responsible. Thus, the British men-of-war which in 1891 entered Behring Sea for j the purpose of assisting in stopping sealing at sea were ex{yessly and properly precluded from taking any step within the ordinary jurisdictional limits around coasts and islands. 76.'). It may be pointed out that in no case yet has it been shown or proved that any British vessel ever engaged in raiding on the PribylofF Islands. 766. There is no valid reason whatever why the local authorities should not be provided with ample means for stopping raids. It should be remembered also that the San Francisco sealers have asserted that the possibility of raiding, a most profitable | operation, encourages sealer ' a certain class to Ht out sealing-schjoners and enter j Behring Sea, and it the local authorities made raiding the great risk that it should be, they would take one practical ?tep towards reducing the numbe." of vissels which engage | in this illegitimate and most destructive methods of sealing. 767. While we were visiting the Commander T^Jands in 1891, we paid special I attentio.i to the means adopted for preventing raids. '1.'.3 Russian authorities acknow- ledged t'lat the danger was great. At one time, sixteen Cossack soldiers were stationed on each island authorized to fire on all raiders, and at the present time this force consists ol thirty-six armed native watchmen vnder four Cossacks. The Company's trading steamer mmimimgimffy» IB f^TO F ' fii WB I' 131 was specially autliorixed to seize schooners wlien she hud the proper Oovorniiicnt oHicials on board, and now a gun-boat is detailed to cruize round the islands during the sealing season. We found the system of watching and reporting by the Aleuts to bo in admirable order. When we first arrived, we found even the mastheads of the "Porpoise" and the "Danube" had been reported as having been seen above t'-c fog on the other side of the island, and on Copper Island our presence in a bay at one end of the island had been at once reported by special messenger to tiie settlement .^venteen miles distant. 768. Among measures to this end most frequently advocnted is that of having a revenue-cruizer permanently stationed at the Pribyloft" Islands throughout the months of June, July, August, and September. But we found, in 1891, that the revenue-cruizers were often far distant from the seal islands, perhaps in liiuliuk Harbour, waiting for mails I or coals, or .iway cruizing «round Nunivak or St. Matthew Island, or on duty as St. Michael's or other distant points. We also noticed that, in the freouent fogs and the dark loom of the land, schooners can very easily elude even the shar|)ebt look-out from seaward. In our opinion, the most effectual, as well as the most economical, method of guarding against raids would be to have an armed police forct with dttails permanently on guard near each rookerj', and with specific orders to fire on all persons landing or taking seals. The rookeries are limited in number, and moderately well defined in area, and could easily be thus defended with effect. 769. We would also point out that, in so fur as disturbance of seals is concerned, it would be veil if greater restriction was placed on the number of persons allowed to visit the rookeries and ihe outlying islands. We found that Walrus Island was regarded practically as a shooting resort for all Government officials and all officers of Government ships. Again, \vH ,\ on the 4th August we went in a steam-launch from St. Paul anchorage (pii'^tiy to note whether there were any seals on Otter Island a revenue-cruizer happened to come in, and while we were proceeding dead-slow along the shore carefully looking for seals she landed a boat's crew, and the officers at once began with shot-guns and revolvers shooting at the foxes and sea-fowl on shore. Thij appears to be a common practice in all years, and is quite sufficient of itself to scare all seals from these particular islands. We might here also mention that the day before we paid our first visit to the NorHi-f.-ast Rookery (■: mmmm mmm WWIKii t-i 132 Tablk showing tlie Number of Fur-seals killed on the PribylofF [slands in each year, from 1817 to 1891. U it] ft -,■• Number ol' NHinher i)f Numl)or of Niimlirr of Yonr. Weals I'lips Yr;.r. Senls Pups Mllid. killed. killed. killed. 1817 (;o,i8s -^ 1856 8.585 ■, .,'.■., % 1818 59,856 1866 23,550 1819 52,225 1857 21,082 ' ' . i ■ lf.20 50,2?0 1858 31,810 1821 44,995 1859 32,000 1822 36,469 1860 21,690 ' ■ 1823 29,873 1861 29,699 1824 26,400 1862 34,294 1825 30,100 1863 25,000 ? 1826 23,250 IiicludoB 1804 20,000 ? 1827 19,700 1866 40,00(1 ? 1828 23,228 pups. 186G 42,000 ? 1829 20,811 1867 75,000 1830 18,031 1868 242,000* 1831 16,031 1869 87,000 1832 10,446 1870 23,773 1833 16,412 1871 97,002 1834 16,751 1872 101,698 1835 6,580 1873 101,555 1836 6,590 1874 107,932 1837 6,802 1875 101,249 1838 6,000 187C 89,478 1839 1840 1841 6,000 8,000 8,(100 1877 1878 1879 77,956 101,394 106,908 Average nniuinl killing nf nliniit 1842 1843 10,370 11,U40 1880 1881 100,631 101,7.'J4 Ul IIUUUL *■ 4,600 pups not ine'udcd. 1844 11,921 1882 101,736 1845 I3,e;i7 1883 77,063 1846 16,070 1884 101,013 1847 17,703 1885 101,509 1848 14,650 1886 100,772 1849 21,450 1887 100,795 1830 6,770 1888 100,450 1851 6,564 1889 100,133 1852 6,725 1890 20,995 Not including 1853 18,035 pups 1854 26,146 1801 12,071 •• i. , Uv Total Shipments of Sklnr (by periods) made by the Russian American Company and succeeding Alaska Commercial Company. Includes sonic kkiii."! from tlie Comniniulcr Isliiiids mid cl than the foregoing estimate, with which it, however, agrees (fairly well. It also tallies well with the earlier years of Veniaminov's table. Tcchminoir's JBgures do not include seals killed for food or otherwise of which the sk'' were not kept, but It is scarcely probable, even including these, that the average annual 1^ - on tlie Pribyloff Islands for the years in question reached 50,000. It may reasonably be issu'iiod to have beer, between 45,000 and 50,000, or, say, 47,500. As in the years before 1S07, the nimjber killed from year to year is, however, known to liave been irregular. 775. 1817 to 1837. The figures for these years are Veniaminov's, as ascertained 'ly Ir. Elliott from an inspection of Shisenekoft's journal, and includes pups in the numbers (iven for 1835-36. It may, therefore, probably bo assumed that pups are included throughout. 776. 1838 to I860. The figures for these years are taken from the Correspondence elating to Fur-seal Fisheries, printed in Washington in 1890. 777. 18C1. Bancroft's total for years 1842-61 (both inclusive) is 338,600. The lotal for years 1842-60 (both inclusive) is 308,901. This being deducted from total for 1842-GI gives the number of seals taken in 1861. 778. 1802, Elliott (p. 165) gives the total catch for 1842-62 (both inclusive) as }72,S94. Bancroft's total for 1842-61, 335,600, being deducted from this sum gives the binber of seals taken in 1862. 779. 1862 to 1867. Both inclusive, being years of interregnum between last term of lussian American Company and United States' control of Pribyloff Islands, have been llled hypotliet cally by Blliott, who explains that, guided by infornuition obtained from the iiativcs, he has proportioned the number of skins in the salt-houses on the islands in 1867 [H),m) to 48,000) back to the latest fij^urcs given b^ Tcchmiuoff (1861). The figures or these years are therefore far from satisfactory. A more complete examination of the abject has enabled moderately exact figures to be obtained for 1861 and 1862, as Ixplaiiicd above, while Bryant gives the number for 1867 as 75,000 (All<>n, " Monograph of poitli America Pinnepedia," p. ,^89) ; hut for tlic years IH-kS to 1866 Elliott's approximate stiiuatrs must still be taken. It is to be presumed that these figures represent only I! I •0 t ! 1 * lliuiTdfi, however, givoR lint flgiireg tor I7D9 to t8il (linlli iiicliinive) a« 1,767,340 (p. 418), and iid ■ l>lniuiiinn liiis been f'uund of tliis diacrepancy. B^^^"P^^w*"i»liiPPippPW 9'2A. Period of rest or restricted killing on St. Paul. (Vcniaminov, quoted i)y Elliott. Census Rep .-t, p. 142.) I TOo. 1824. Stated that bulwccn 1822-1824 the seals on the islands were estimated to Ihavc doubled in number. (Ueporl upon the Condition of Affairs in Alaska, p. 107.) 7!)(». 182G-1827. Both years inclusive. Period of rest or restricted killing on jSt. (icoii^f Island. (Vcniaminov, quoted by Elliott. Census Report, p. HI.) 7<)7. IH26. Venianiinov states that the sciils on St. George equalled about one-sixth Ithose on St. Paul, those on St. George having increased more in proportion since 1817. Also, Ithiit Clirslvokliofl', estimating that tiie seals had doubled in number as a result of restrictive Iniciisures, oidcied 40,(»00 to lie killed annually. But with all possible effort, tliis number Icould 111)1 he obtained. Cireater caution in killing females, &c., was ordered, but the Inniiiber of seals on the islands nevertheless remained stationary, or continued to decrei»'«e. [(Venianiinov, (juotcd by Elliott. Census Report, pp. 140, 147.) I 7!)S. 1832. Vcniaminov incidentally states that in this year an excessive number of Ifeiiinlcs were observed on the islands without young. (Quoted bv Elliott. Census Report, 141.) 7!).;. 1834. The lunibc.' of seals to be taken at St. Paul was largely reduced, the llcilling being limited to about 4,000 instead of about 12,000. (Vcniaminov, quoted ■by Elliott. Census Report, p. 142.) Kiotn Veniaminov's table the reduction ordered in |18:'i took effect only in 1836. This rest or "zapooska" continued on St. Paul Island during 183/;, 1836, and 1837. SCO. 183.5. [l\. Astoinonoff, a native on St. Paul Island, informed us that he Ireinemhered being at Noi theast Point in this year, when the Russians allowed only seven gciils a-(lay to be killed there for food.] 18:S(i. Elliott, from information received from natives on the Pribyloff Islands, lpta.es that the winter of 1835-30 was evccedingly severe. Great quantities of ice IsiinoiiiuK'd the islands, and remained heaped on the shores till August 183G. , A great mortality <>t' seals resulted,, so that, according to native count, only 4,100 sc-'ls of all [classes, exclusive of pups, remained on the rookeries of St. Paul. (Census Report, [p. 49.) Mr. Elliott has iulbriiied us that, according to a journal by the Rev. K. [^Sliiseiiekctlj only 100 holluschickie were obtained in 1836, the remainder of the catch jfor this year being pups, llryant, also i ecoiding to native evidence, gives t'le date of IHliis (k'struclion of seals as 1842. (Alien, Monograph of North American Pinnipeds, p. 38S.) 801. 1842. First year of third term of Russian American Company. Bancroft ptates that a pystci.i of "alternation " in huuting grounds was adopted, which, in the case of the Prihvlolf Islands, led to great increase of numbers of seals. (Bancroll's Works, vol, xxxiii, p. .^82.) 80:'. Il'42 to IHil (inclusive). 'I'lie Russian Americaii Company's shipments showed ta heavy dee'case in fur-seal (iind other) skins, as compared with the preceding period of ftweiity years. This is mainly attril)ut(!d to the encroachment of foreign traders — Ipiiiticumrly Amciican whalers. (l5aiicro('t'8 Works, vol. xxxiii, p. .OS^.) 803. 184.'"). The threat importance of never disturbing the breeding seals was first f.twj;nized in this year. (Census Repoit, p. l'l.3.) 804. lSi7. Up to this date males and females had been killed indiscriminately for Bkins; theicaltcr only males were killed. (Census Report, p. 40.) 805. \^()2 to 1867 (both inclusive). Interregnum on Pribyloff Islands following t!ie close of the Russian American Company's third term. 80(). 18G2. '1 echmainofl" says, ref.;rring to this year: "In earlier times more (seal- Bkiiis) were taken than in the later ; at present there are taken from the Island of "it. Paul 1 0,000 annually, without diminishing the number for future killing ; on St. George, B,000." (Quoted by Elliott. Census Report, p. 163.) 807. 1807. Bryant speaks of the judicious administration and gradual increase [305J I T m ■^.''i if' i'l li t!' I If Sir 'Mi;. a i ^"iiipllii mmmmmmmmmm I m m 'I- P ' li-'i: 136 of oeal life on the islands under the Russian rule for many years previous to this date. In the spring of 1867, however, the Russians, knowing that the islands were about to be surrendered to the United States, took a much increased number of seals, amounting to 75,000. (Monograph of North American Pinnipeds, p. 389.) 808. 1868. Following the cession of Alaska to the United States in 1867 a period of lawlessness ensued on the PribylofF Islands, and in 1868 a very great number of seals was killed. The number so killed in this year is estimated at 242,000 by Klliott ; at 25(t,000 by Bryant. Rival Companies were at work, and the kilhng appears to have ^'one on without count, list, or supervision. In the autumn of this year, however, Congress passed a special Resolution, prohibiting the killin}]; of seals until further action of | Congress. (Census Report, p. 25.) Bryant states that, previous to 1860, the selection of seals killed had, under the Russian regime, been left to the natives, and that most of those killed v i.- under ',\ years of age, including many yearlings. The killing being from this more nai orous class plenty of males were left to reach maturity, and tiie rookeries were well supplied with active males. The males of ullages not en{.';aged in actual breeding' were about equal in number to the combined totals of beachmnsters j and females so engaged. (Jf these excluded males about 30 per cent, were virile, and there was thus one efficient male to every three or four females, or about three times as many as actually required. As a consequence, all females were served before the 10th August. (Monograph of North American Pinnipeds, pp. 390, 398, &c.) [Messrs. D. Webster and T. F. Morgan were on the island in this year, 'fliey informed us that the seals were clubbed then as now, fire-arms being used only in self. I defence among the rival sealers. The killing was directed- to young males, hot about 40,000 females were killed inadvertently. The limit to the number killed was reached only when salt was exhausted. Seals were more abundant at this time th&n ever since. It also appears that the numbers above quoted as representing seals killed in this year do not include St. George Island, where some 30,000 skins are supposed to have l)een | taken.] bOn. 1 869. Practically itidiscriminatc killing appears to have continued in this year, I though it is stated that seals were taken, only for the subsistence of the natives, and under direction of the Treasury Department. (Census Report, p. 25.) The gentlemen in ciiarge do not seem to have known the number of seals actually killed. Agent Wicker stated thati 150,000 skins had been taken on the two islands. Bryant states that this was impossib as when he left tiie islands in August only 16,000 skins had been obtained. Mclntyre I says that, under the orders given by him, 42,317 seals were to be killed for food on the two islands. Major-General Thomas afterwards ordered that as many seals as should be required for native food be killed. {United States' Senate, Ex. Doc. No. 32, list Congress, 2nd Session, pp. 24, 37.) In consequence of this slaughter in 1868-69, seals arc reported to have " disappeared I rapidly from the Pribylaff Islands, but two or three years later began to return in vast numbers" (Bancroft's works, vol. xxxiii, p. 638). Coincidently with this, Bryant states that fur-seals were very abundant along the coasts of Oregon, Washington Territory, and I British Columbia as compared with former years (Monograph of North American | Pinni|)eds, p. 332). Bryant estimated the total number of seals on the islands at this date at 3,230,000. (Monograph of North A-nerican Pinnipeds, pp. 390, 392.) Mclntyre, Government Agent, after stating that for some years succeeding the I discovery of the PribylofF Islands 100,000 skins were annually taken by the Russians, adds, "But this it seems was too large a number, for the decrease in the yearly return was| constant until 18t2, when they had become nearly extinct. In 1S58, 31,800 were taken, which was the largest catch in any one year until 1867, when, as I am informed, 80,000 or 100,000 were secured. From the most careful computation I have been able to make, I I am of the opinion that no more than 100,000 can be taken annually without incurring the risk of again diminishing the yearly production." (United States' Senate, Ex. Doc, No. 32, 4lst Congress, 2nd Session.) The Alaska Commercial Company was incorporated in this year. 810. 1870. The general conditions of seal life on the islands remained as described] above (under 1868), according to Bryant. An Act was passed by Congress providing that seals should be killed on the Pribyloffl Islands only during the months of June, July, September, and October, that killing should I be confined to males, and that the number killed for skins in each year should not exceed 75,000 on St. Paul and 25,000 on St. George. Respecting the number thus fixed, Dal! I says: " It is probable that 100,000 might be safely killed," but suggests that the number j should be increased or diminished as experience proved to be necessary. (Alaska and | its Resources, pp. 496, 497.) 187 Tli!s was the Alaska Commercial Company's first year of IcasD of the islands, but no full control was achieved till 1871. Bryant states that in this year tiie natives, to purchase supplies and for their own food, killed 85,000, mostly 1- and 2-year-old seals. (Monograph of North American Pinnipeds, p. 398.) The killing as per o^icial Return made up in 1871, however, shows a total of 23,773, from which 0,988 skins in all were saved, the remainder being pups and other seals killed for food. (K'ouse of Representatives, Ex. Doc. No. 83, 44th Congress, 1st Session.) 811. 1871. It was discovered that the skins of 3-, 4-, and .5.year-old seals were most in demand, and the killing was changed to suit this demand ; but no material change was observed in the habits of liii. seals. (Monograph of North American Pinnipeds, p. 39-.) Bryant elsewhere says that a careful comparison of this year with 18G9 and 1870 shows a decrease of 10 per cent, in females. (Ex. Doc. No. 83, 44th Congress, Ist Session, p. 65.) 812. 1872. The killing was directed as far as possible to seals from 4 to years old, •lud some of 7 vcars old were killed. This, taken in conjunction with the killing of 1871, diminished the number of "reserves" or virile males not actually on the breeding grounds, but doing duty along the shores. The number of females was increasing 5 per cent, annually. (Bryant in Monograph of North American Pinnipeds.) Lieutenant Maynard, accepting the method of estimatin:; tht seals advocated by Elliott, makes the whole number in this year nearly 6,000,000. (blouse of Represen- tatives, Ex. Doc. No. 43, 44th Congress, 1st Session, p. 5.) Elliott estimated that the seals on St. George Island were only one-eighteenth of the whole nun-.ber, or, us compared with those on St. Paul, as 1 to 17. (.Census Report, p. 157.) [Mr. Dirks stated to us that in this year it seemed as if the killing (^f 1^^0,000 seals annually could not injuriously affect tne rookeries.] In this year Captain Lewis, of the Hudson's Bay Company, reported very gr^at and entirely unprecedented number of seals off Vancouver Island and the entrance to Fuca Strait.chicfly grey pups and yearlings. (Elliott. Census Report, p. ICtJ.) This appears to ave been in connection with the change in habits observed on the rookeries in the [following summer. 813. 1873. It was now found that the 3-year-old seals afforded the best marketable skins, and the killing was directed to those. The " reserves " became reduced to half their ibinier number, and each beachmaster had on the average fifteen females. When the ,'ookeries broke up at the close of the breeding 'icason, the females lingered instead of (caving them as before. In September and October a few young were born, showing that some females had not been served at the proper time in 1372. The females wi-re still ncreasing .') per cent, annually in number. (Bryant in Monograph of North American innipeds.) 814. 1574. The condition of seal life remained about the same as in 1873. Tiie "reserves" were in about the same numbers, but cor.tainrd n)ore young as compared with fully mature males. The females appeared in similar number, and, un du; whole, there was an evident improvement in the condition of the rookeries. (Bryant, m .Monograph of s'oi'lh American Pinnipeds.) An Act of Congress, approved .March 1874, authorized the Secretary of the Treasury (o rearrange the proportion of catch to be taken fron> St. Paul and St. George respectively, Sfind to designate tlie months of killing. Under this provision, the time of ki"'"q; was extended to include the first half of the month of August. (Bancroft's Woi^s, ol. x.xxiii, p. 638.) 815. In 1874, Lieutenant W. Maynard, U.S.N., investigated the conditions of seal ife on the Pribyloff Islands as Special Government Agent. He recommended that nlarged copies of maps of the breeding grounds should be furnished to the agents n charge of the inlands, who should be required to compare these each year with he respective breeding rookeries. "This, if carefully done, will afford data, after time, by which the fisheries can be regulated with comparative certainty." Ikcspecting ;lie number of seals kille(|, he says: "Since 1870 there have been killed on both islands, round numbers, 112,000 young male seals each year. Whether this slaugliler has reventcd the seals from, increasing in number or not, and, if so, to what extent, can only le deduced from their past history, which, unfortunately, is imperfectly known." He |g inclined to think that no decrease bad occurred between 1872 and 1874, but states that the eriod was too short to decide whether the killing was excessive. He adds : "The number ow killed annually is entirely experimental, and we have nothing to start from as basis." Maynard further states that the number of bulls in this year was not more than ine-tenth that of the females. (House of Representatives, Ex. Doc. No. 43, 44tU 'digress, 1st Session, pp. 5, 6.) [SOoJ T 2 An i m 138 • ' ■' [Mr. D. Webster states that the skins taken in 1874 and 1875 ranged in wciglit from 6 lbs. to 11 lbs.] Elliott believes that the number of seals did not materially alter in the twelve or fifteen vcar.s previous to 1874. He estimated the number of breeding seals on the islands at 3,193,4'JO, the whole number of seals on the islands at 4,700,000. (Census Report, pp. 57-67.) 816. 187.'). The killing was (his year confined to seals less than 5 years old, and more *J-yfar-olds were taken than in any year since 1870. This left a largo numlnr of males to mature. Many youm; were, however, born as lute as .\ugust. (Bryant in Monograph of North American Piruii|)eds.) In his oHicial Report for this year, Hivant I protests against the killing of pups for food, characterizing it as "a great waste," nnd adding, " I can find no precedent for tliis previous to the transfer of the island to the United States, only that the former Russian Fur Company allowed, as an cxtri indulgence to the natives, after the cldsc of the season's sealing, to take .100 of these younj seals for feasting." (House of Representatives, Ex. Doc. No. S3, 44th Congrcs:, 2nd Session, p. 114.) liryant also states in the same Report (p. 17.'5) that a residence of seven sncccsbivel seasons on the islands had convinced him that the killing of 100,000 annually not leave a sufficient number of males to mature for the wants of the increase in the | number of females. He explains his reasons for this in some detail. 8 1 7. 1876. No marke(l change in the conditions this year, but many females landed to I bring forth their young after the 20th July. A heavy gale with snow occurred oj the 30th October, driving seals into the water, f'ron which only a small number returned, many pups being lost. Bryant anticipates that the result of this loss will appear in ISSO, I when the pups should reach maturity. The decrease in breeding males, conse()ueiit[ on excessive slaughter of 1S6S and 1809, was in this year greatest. (Bryant inl Monograph of North American Pinnipeds, p. 399.) Bryant again states that he believes the number 100,000 fixed for killing to ha«| been too high, and that in his report he had recommended that it be reduced by 15,0( (House of Representatives, Ex. Doc. No. G23, 44th Congress, 1st Session, Report on| Alaska Commercial Company, p. 99.) John F. Miller, President of Board of Directors of Alaska Commercial Compam,! says: "Our agents report a very considerable increase in the number of females sinnl 1871. We cannot tell that there is much increase in the number of males." (Ueportl on the Alaska Commercial Company, p. 41.) 818. 1877. Bryant states that this year there was an evident increase in the nuinberl of breeding males. He estimates that there were about 1,800,000 breeding seals on tliej islands, as against 1,130,000 in 18G9. (Monograph of North American Pinnipeds, p. 410 819. 1878. [Mr. D. Webster informed us that he did not observe much decrease IlJ the number of seals till this year,] 820. 1879. [From evidence obtained by us, it appears that in this year it becamij necessary to extend ♦he area of driving for the first time, so as to include Polovinaj and Tols-toi rookeries, and that the salt-house near Polovina was built at or about thiil time.] 821. 1880. The number of seals on the Pribyloff Islands is said to have becDJ greater than ever before, the increase being particularly observable in young seak ' ' " Colonel J. Murray dates the beginning ofi .OS.) (Senate, Ex. Doc. No. 49, 5l8t Congress, 2d\ (Cruise of the " Corwin " in 1880, p. steady decrease of seals from this year. Session.) 822. 1881. Elliott, in his report printed in this year, strongly protests against ilitj unnecessary slaughter of pups for food purposes. He states in the same report that tliej breeding rookeries have been gradually increasing since 1857. (Census Report, pp. llU 170.) W. B. Taylor, Assistant Agent of Treasury Department on St. Paul in 1881, savil that according to information received from those who had been a number of years oil the Island of St. George, there were as many seals there us ever. (Ex. Doc. No. 3885;| ."iOih Congress, 2nd Session, Fur-seal Fisheries of Alaska, p. 44.) 823. 1882. Dr. H, H. Mclntyre, after June 1870 Superintendent of the Seal Fislierieil of Alaska ibr the lessees, states that since 1870 the number of seals on the Pribylofl Islands had increased every year, (Fur-seal Fisheries of Alaska, p. 116.) Speakinjl in 1388 (see under, 1888), he, however, pieces the beginning of decrease in this year f The same gentleman reports that at this time the desired number of large skins coulii| no longer be obtained. (Fnr-seal Fisheries of Alaska, p. 118.) .Mr. G. Wardman's statement, however, respecting the number of «• killables " oil 180 St (jcoicc Island indicates n dccivasc in the number of this class as between 1881 and 1882. (Fur-seal Fisheries of Alaska, p. 39.) [Natives on St. Paul Island informed us that tlioy noticed seals to be markedly reduced in number in this year.] 824. 188f]. Jacob II. Moulton, Special Agent of the Treasury Department on the Pribyloff Islands from 1877 to 18H5, say.s that between 1877 and this year there was, he thinks, an increase in the number of seals on the Pribylotl' Islands. (Kur-i^cal Fisheries of Alaska, p. 2iJ5.) 825. 1884. [Mr. T. F. Morgan informed us that from 1874 to 1884 he thought the seals increaseil. He noticed a decrease in 1884, accompanied with an irregularity in habits,] 8i'C. 1880. Jacob II. Moulton states that between 1883 and this year there was ne increase of seals on the islands. (Fur-seal Fisheries (f Alaska, p. 255.) II. A. Gliddon, Agent of the Treasury Department on the PribyloH' 1882 to 1885, says that IVom 1882 to 1885 no change in the number St. I'liul was noticed, but they vary in different years, especially on (Fur-seal Fisheri(!s of Alaska, p. 27.) 827. 188G. George U. Tingle, Treasury Agent on the Pribyloff Islands Islands from of seals on St. George. states that a frequent inspection of the rookeries on the islands showed u decided inc 'ease in the number of cows, with an ample supply of bulls. (" Fur-seal Fisheries of Alaska," p. 171.) the seals, 828. 1880-87. George R. Tingle, using Elliott's method of estmmtmg makes the number on the Pribyloff' Islands 0,3.5 7,7.'')t. Paul and Amsterdam in the Indian Ocean, and along the shores of Africa and America to the southward of the parallel of 20" south latitude in the Atlantic awaj south to ^he groups of islands in 00" and 63° south latitude. But their continued existence in such habitats depends on their not being destroyed or disturbed by man, murrains, or predacious animals. 8'37. In the North Atlantic at the present day there exists no known species of tlie I fnr-scal, although fossil remains indicate their existence in the tertiary period. 838. Extensive sealing operations were conducted in the South Seas about the close I of the last century and the first part of the present cer.tury. For all this period the.*e | are extant many of the actual logs and journals of those engaged in the pursuit. These " sealers " of the South Seas hailed for the most part from British ports or I from those on the east coast of North America, and very considerable profits accrued, | although the work was of a particularly arduous and venturesome character. 839. It is noteworthy, however, that South Sea -ling, as a great industry, I undoubtedly had its origin in the closing of the fur trade of the North Pacific to English traders and sealers when the Russians prevailed on China, at that time the one chief market for such furs, to close her ports absolutely against all furs brought across ■'»dl<;-;.'« 141 Ithc Pacifio from llio islands and coasts of North America, the monopoly of the whole [trade licin" accorded to the Russians at tlicir greot mart of Kiatciia, on the Amoor. lEn"lislimcn Imd become convinced of the great value of the China fur trade, and this Inoircy cf restriction en the part of the Russians at once turned maritime cntcrjirise to [the SouHi Seas for the necessary supply of furs, and in a very few years made secure the [footiii"- ot tlie English and Americans in the China and other markets. At a very early period, tlie Knglish were already endeavouring to collect fur-seal lie Cliina market in the seas known to their regular East India traders. Thus, ry 177''<, wiien the vessels conveying Lord Macartney to China called at the ^ Amsterdam and St. Paul, in the Southern Indian Ocean, in latitude .lif south, they found a sealing party there engaged in carrying out a contract to supply 2o,00ft Bkins ol' tlic Phoca Unina for tlie Canton market. The description sent ho ne was as follows : — '• riie seals are found iierc in greater numbers in tiie summer than m the winter 111 the summer months they come ashore, sometimes in droves of 800 to 4,000 [it a lime, i>ut of which about 100 are destroyed, that number being about as many as five men can peg down to dry in the course of the day In gener;il tliey are not gjjy Most of those tlmt come ashore are females, in tiie proportion of thirty to ■one nuile. "Whether in tliosc animals nature has fixed on such apparent disproportion Ihel^een the sexes, or whetlier, while the females have occasion to seek the shore, the Billies continue in the deep, 1ms not hitherto been observed by observations here."* In I't*!* the Island of Amsterdam was visited by Captain Cox, of the "Mercury," ylio reported as follows: "On our first landing wo found the shore covered with such a mltitmle of seals that we were obliged to disperse them before we could get out of tiic j,„.,t AVe procured here 1,000 skins of very superior quality. "t 8H . Tiie seal-skin for long found its chief market in Cliina and Russia, where it became J coveted and fashionable fur, but its gradual introduction into Europe and America datea from tiie time when South Sea sealing was first taken in hand as a regular industry. It bus heen ciilcnlated that from first to last not less than 17,000,000 skins were thus placed in the market, and without doubt it was the threatened failure of this enormous supply pom the south which about the year 1840 led the Russians, British, and Americans to bav special attention to the supply of fur-seals known to exist in the North Pacific )cean. 842. The conditions in the South Seas differed categorically from those now prevailing In the North Pacific. The various islands resorted to as breeding places by the fur-seal fcie not only absolutely uninhabited by man, but were also at the time in the political jtegory ol "no-man's-land." As a consequence there was no possibility of instituting ny regulation of methods of slaughter, restrictions of numbers or kinds taken, or any (imitation of place or season. 543. There were practically no natives (as on the west coast of North America) to lead Ihe way in pelagic sealing. The method of slaughter universally adopted was precisely Ibnt of the White raiders of the North Pacific. No labour or effort was wasted in any ndeavours to capture or kill the seal at sea. The simple method was invariably adopted bf establishing parties of men on all likely beaches, camped in wooden huts or under snvas, and engaged in slaughtering and skinning all the seals that landed, without (istinction of age, size, or sex. Captain Weddel pithily writes of the killing in be South Shetlands in 1821-22: "Whenever a seal reaches the beach, of whatever |enoniination, he was immediately killed and his skin taken ; and by this means, at the nd of the second year, the animals became nearly extinct. A vessel of from 200 to [)0 tons brought out from the home port the men and camping equipment. She would iknd parties on various beaches, and then would be lif rself safely moored in some handy arbour. Boats, and even tenders of 30 and 40 tons, would travel between this vessel nd the various islands until the season's fishery was over. Occasionally the work destruction was more expeditiously performed when the barge or brig carrying such iding parties came upon a large rookery already well filled out with seals, for then the bole work of the cruize would be accomplished in a few days." Such sealing parties |ere found at work by several exploring expeditions, as, for instance, by Her Majesty's Tiips "Erebus" and "Terror." 544. The more detailed records of these South Sea adventurers yield many points of Itercst, and it may be well to quote from the earlier descriptions of the fur-seal ) indicating how rapidly so valuable a fur secured the notice of the early adventurers, |>d how speedily their successors brought about the commercial extermination of the seal. G. \V. Clark on Eared fealg — " Proccedingi of the Zoolopiial Society of London, 187!$," P- 652. t Ibid., p. 651. 1 'i )\.\ mmm ppf 'm^^F^mmmmmummm^ U2 4'' 845. In the Nixtcciitli century, Sir Krnnecs Drnkc, the first Kii^rlishmnii who pcmlrnlcd to the Soutli Sens, frociueiitly reports the prcFciicc and commentH on llie iieciiliarilii'Hof Hcnls. These tbrnietl indeed a cliicf source for the supply of fresli meat. On his moat [ voyage of cireumnavigution in 1077-7H, seals were taken in the |{io de la Plata, and ny^nin in latitude 47" JW, at an anchorage eventually named Seal Hay ; about the middle dl (hf month of May seals were found so plentiful that 2()<> wore slaughtered in one hour.* Iu i tlic same neiglihourhood some years later, in Deceniher liiHiJ, {'avendish reports in dotnii on the seals found iu a hay he named Port Desire. t 84(). In the ohservatiims of Sir Kiehanl Hawkins on his "Voyage into Hit I South Sea" in lOW, we read, in his notes made in the SIrnits of Magellan: "Ofj Seals or Sen- Wolves — One day, having eniled our hunting of penguins, one our niarinerH, walking about the islam!, disenvtred a great company of scalrs drj sea-w(dves (so called for that they arc in the sea as the wolves on the land), aiMsin; us that he left tlun> sKiping with their bellies tosting against the sunnc. Wmj provided ourselves with staves and other weapons ai\d sought to steal tipon tluni at unawares to suiitrise sonu> of llicni, and cuming ilown the side of a hill we were noi| discovered till we were ehise upon them; notwithstanding their seutiuell, before we coi approach, with a great liowlc waked them, wei! got i)etween the sea and some of tlicmj but they shunned us not, for they came directly ui)on us, and though we dealt hen- an there a blow, yet not a man (hat tvith.stood them escaped the overthrow. They reckon j not of a musket shot, a sword picrcetli not their skinne, and to give a blow with a sinfftj i.s as to smite upon a stone; only in giving a blow upon his snowt presently he falloilij down dead. "After they had recovered the water they did as it were scorne us, delie ii^i and danced before us untill we had shot some nuiskct shott through them, and so tlioT{ appeared lU) more. "This fish is like unto a ealfe, with four legs, but not above u spannc long; liii| skinne is heyrc like a calfc, but these were dillcrent to all that I have ever secne, yet 11 have scene of them in many parts, for tliese v/cre greater and in their former parts lib; nnto lyons, with shaggy heyrc and mostaches " Thoy live in the sea, and come to sleepe on the land, and they ever have one watcheth, who adviseth them of any accident. '• They are benefieiall to man in their skinncs for many purposes ; in their mostaclmi for pick-tooths, and in their fatl to make traiuc-oj le. This may sutlicc for the scale, tWs that lie is well knortu." 847. In the seventeenth century these notices still continue Irequevit. Thus lleiml Brewer landing at Valentine Hay on theOth March, 1G4'_*, writes : "Saw an\(mgthe rocbl several sea lions and sea dogs, about the bigness of a good European calf; s(mie ot'iij greyish, some of a brownish colour, making a noise jiot unlike tmr sheep." S4H. Dampicr, in l(is;j, gives the following very full general description K| seals : — J "The seals are sort of creatures pretty well known, yet it may not be aiiiiysul describe them. They are as big as calves ; the head of them like a dog, therefore cull by the Dutch, the 'sea bounds." Under each shoulder grows a long thick tin; tlic>(| serve thcni to swim with when in the sea, and are instead of legs to them when (iiitlitl land, for raising their botiies upon end by the iielp of their tins or slun)ps, and so haviii»j their tail parts drawn close under them, they rebound as it were, and throw their iKulifil forward, drawing their hinder parts after tlicnv, and then again rising up and sprin!;ii:»j forward with tluir fore ])arts alternately, they lie tumbling thus up and down all lliil while they are moving on land. From tiieir shoulders to their tails they grow tiipi'iin!! like fish, and have two small fins on each side the runi]), ^vliicli is commonly covered »iii| their tins. Tliese tins serve instead of a tail in the sea, and on land they sit on lliciii| when they give suck to their young. Their hair is of divers colours, as black, grey, dinl spotted, looking very sleek and pleasant when they come first out of the sea. Kor tliesil at John Fernando have fine short fur, the like I have not taken notice of anywhere Iid in these seas. Here arc always thousands, I might say possibly millions, of them, cithcii sitting on the bays, or going and coming in the sea round the island, whicli i> covcredl with tliem (as they lie at the top of the water playing and sunning thcinBelves) foip niilil or two from the sliore. When they come out (tf the sea they bleat like sheep for t young, and tliough tliey pass through hundreds of other's young ones before they coittj to their own, yet they will not sutfer any of them to suck. The young ones arc likil puppies, and lie much ashore, but when beaten by any of us, they, as well as the i • " Haliliiyt," vol. iii, p. 733. f Ib'd-. p 80-1- S. X " Dampicr's Voyage!," vol. i. p. 89. Its r have ow thati oiu'H, «ill make townnl ilic Hca, niid Hwiin V017 swift and niiiililc, tli<)ii;,'li on slioro l!iuy I lie vi'iv slii;;j;islilv, and will not y;o out of our ways imlcH.-* wo licat tlii-in, Ixil Hiiap at lis. L\ Mow on Uk! no'^o soon liiiU tiicni. LarKc Mliijis m'u^U licro lo.id (IumusiIvcs wiiii scul- skin.s anil Iranc oylo, for tlu-.v arc oxfraonliiiarily I'at. Hiais aiv I'ouiKi as well in coM as [in iiot cliniMtcs." sl!». In tlic llritisli Mnsoiini aio kopt (lie admirably wiitlcn MSS. of rcrlain oilier |vov;iu<'r-i, and in that rulatin;; Ihi' cxpiMicnivn of ('a])tai.i Slronj; in tin- " Widfarc," in ICSiOiic «ri(i'r, naiui'd Sini-((ni, siati's (hat on Iho 1'Jlh Si'ptcmhi'r, at the Island of .Inan Fci'i I'lndi'Z, ■• We wont on slioro, lint oonlil hardly nitl a foot down, tho si-nls lay so (hick Ion the I'laco. Mosid'.'M "o sa>v a i^roat nundicr of sca-lyoiis, pot unlilu- othor lyoiis in IcianitcnaMco, colonr, and lion-oMOS'*. 'I'lioy had no ll'oct lint 111 1.. ••As Wn (ho seals thoy wjro of a dark oidonr and ;;iisslL'd, hnt nn.dor (ho lonjj pilo jtlicri' "its Ciau'hcd a I'nr of an incoiniiarahlo (inonoss, that if it oonid ho lolt it would [nn'^»i'r all vo omU of hoavcr inrr, whorol'oro a nicat nniny of Ihoir skins were hroii;;lil to JKii^laMd." This is jirohahly one of tiic earliest ncconnts of the oomniercial ^alne of the i'nr se;il Iskin^i. >,"i('. In llio eighteenth cenlnry navi<;atorH eontinuo to re|tint the ahnndaneo of seals. iTIiusCMpt 1^" Wood IJoyvrs, fakin;;- Alexander Selkirk off (ho Island of .Inan l'\'rnnnile/. in ll'iO'.}, ree( Kis a lenj;lhy description ot the Inr-seal seen (here at (hat date.* ,w,"u. The amount of infornnition at lhi^ jieriod extant on llie fnr-seal is well |cnuih:i^i/ed hy Chaplain Kiohard Walter, of Lord Anson's (hifj-sliip which relitted at |Ju:m rernaniiez from Juno to September \7\0. This chaplain n'ives a very full and lelaborate account of all the natual features of (lie islands and of (heir I'auna and Mora, Ibul li>.' ilismisscH seals in (he Hin;;ic sentence ■ '"The seal, numbers of which linuni (his lislaii I. iialh been so ()f(en mentioned by f.;:inei writers that it is unnecessary to say inytliiii;,' particular about tlieni in tliis idacc." )*yj. Captain Carteret, writing,' of Masafucra in 17<)7, says: " The seals were so Ininaerous that I verily think if many thousands were killed in a night they would not bo |dus-;oi1 in ll.i morning; wc were obliged to kill a noted number of them as, when wc Iwalkcd 1' ■ siv e they were continually running against us, making at the same time 11 Iniost terribli' noise. These nninuils yield excellent train oil, and their hearts and plucks Uere very good ea(ing, being in (asto something like tiiosc of a hog, and their skins Iwere covered with the lincst fur I ever saw of the kind." ?'i'\. Captain Cook, in his olliciallJoport of the voyage of the '• Hesolution " in 1771, Icnlling alteiilion to the great number of fur-seal on Now (Jeorgia, is generally credited [witli liciiig liist to direct the attention of the English acKonturers to the eonimeicial ladvaiitiiges of South Sea scaling, liut before this period, and pndiably follow iiig on tl.o |8iif;gcstioiis made as early as IGtiO, Knglishmen were already at work on this new harvest [of tlic sea. Thus, when IJucarcli, the Spanish Governor at Ihienos Ayres, souglit to [recover the Fnlkland Islands for Spain in 1770, his first task was to forcibly eject from Itlioir estahlislicd port and station the " English scalers" at port Egmo'it, an act for (vliicli Spain afterwards made full restitution. i^^>i. Kefore (he end of the eighteenth century sealing in the South Seas had assumed Ivciy extensive diaieiisions. Not only were the furs regarded as of great value, but the oil, |tei'lnnciiily known at (he lime as "(rain-oil," assumed an impoitant commercial Ipdiritiiia. Attention seems to have been first directed to the islands and <'oM>ts of Soath jAiiu'rica. We hear of no less a number than j,000,0()0 skins being tiikm to Canton, Ifroai the neighbourhood of Masafuera in one year, in MVS, while before tiio seals were lextcniiinated on that one island in 18ll7, no less than ;3,oOO,(MH) ,>.kins had been Itakcn, S.")'). All along the coast of Chile and I'cru, even as far north as the Islands of St. Felix jniid on the Oidapagos group, seals were hunted. 15y the end of the century there were jliot less than thirty New England vessels so employed on that coast. Meanwhile, in 1 7f<;l, jDanie Haley, of Boston, had sent a 1,000 tons ship, the " States," down 10 (he Falkland |ls>lan(ls, where she procured a cargo of 1I?,0()() skins of fur-seal which weie so'd lin Hoston at 50 cents a-piece, shipped to Calcutta, where under tlie name of '"sea- Jottcr" they were sold for 2 dollars, and eventually rcaciiing Canton, where they fel(diet", " dollars per skin. 8;j(k The methods of slaughter involved rapid extirpation in any given brc / [305J • Ki'rr'ii •' V( (vyiigc!' vol. xi. u Ill 11 ! ih\ Poutli O.kncys, Sonlh Georgin, and Saiulwidi Laiul. were all in turn iliscowroil, ainl huiulroils ot' thoii^amls ol" skins ta'-on from cacli for a loiiu; series of years, 'i'liirtv vessels- -oiglitoeu beinj;- iiiuicr tlic American, ten nmler tiie I'^ti^lisli, ami two inuk'rilicj Biissian llajj, in llic tiiroc years ]81!)-2i?, took more than ()()(i,(liMi seals from tlie SoiidJ Shetland jirou]), comiiK'tely exliaustin^j;' llio seal race there for tiio time. 8.>( . ftealin^■-vesselslladasearly as 1790 crossed tlic .Atlantic and worked ni) the oo.k of "Western Africa as far as i:i)° norlli latitude, obtaininij inany seals. Otliers worU steadily alon;;- the oi)en sea to the south, .'-iiecessively landiiijj upon the various g'roii|i. o islands — Ijouvet and Lindsay, ^.larian, and Prince h'duard, tiic Crozets, Ivergnelen, .m MacDoiuild. Yet further to the eastward, seals were obtained on the follow ini;- islands: Ro},!': C)m])any, Kmerald, Antipodes, C'ampljell, Macquurie, Aucklanii, and Bounty, while (ni vessel repoitod in Sydney a catch of -to. (MM) from the Fiji Islands, j)roba!)ly a locnlm named to sliroud the real killing place. 8"!^. At this jteriod, and especially iVom lSlf)-2i», there sprung' u[) a very larjf^ iraiislii[»meiit trade in fur-seal skin iii the new port of Sydney, rcachini;,- hundreds «| thousands in fi\e years. I'lnterprisiu!^- men chiefly on tlio Ueports of ^^lncouver and Cook liad already foutiitf their '.vay to the coasts of " New Molhind," and away roimd the islands of New Zeala., l>a>s i ai! u[i;>;ud the reels olf Cape Barren Island, ctf the north coast of Tasuiani;,:^ "covere.l with fnr-seal of great beauty."' Cook ba.l found seals in great numbers on tlu rocks in T/usky liay in New Zealand in 177^^ Sli[<. Iliit the severe ])roee.'-s universally adopted speedily exiiansted the iiiH'erei" rookeiies, and by the year IS'W wo meet wiili strenuous complaints that all the kno« killing grounds were depleted, and that new grounds must be discovered. Fanning am others pointed out, however, the significant fa"t that vast numbers of sealo were still toV seen cruizing about at sea. a remark of special a'ld new significance to the owners! of ll yorlh Pacific rooivcrics in 189-. Set). It is a matter of some diniculty to estimate the total nund)rr of seals taken in i South Seas during the period of the excessive energy of the great sealing industr}-. 1 1 there arc actual records whic!i,.added together, bring the acknowledged total to iiinr than lG,i)0O,()0l Equally valuable to the treatment of the seals in (he North Pacilic is the m i rceent bi-toiy of .serJing in the South Seas. The excessive slaughter of se;ii> l)y niinni the breeding i-iands alone had brought about the eomuievoial externunation of the mi abundant fur-seal before ihe year 1S;',0. Prom ihat period for lliirty or forty yeais .sealing was c.irricd c; but litfully ii seldom. >ir -lohn lvo.-.s, writing of Kerguelen hand in iS-iO, says: •' Of marine aiMiun j the sra-e;e[ili:u;t and several species of seals were fornicily iii great abundance, in annually drew .i iiumber of vesscds to these shores in pursuit of tlieiii. 'I'licy have no alter so inr...y years of persecution, ijuili" deserted liic place or have been conqili'tu annihilated." ..Ml ellior writer.s and travellers give similar description, of the nu'tlnJ aiul result.s of tiiis excessive slaughter. Tiie oliieer.i of Her .Majesiy's ship " Heaulo," surveyinu- the intricaie passages of .Magellan's Straits and Tierrii'iei I'uego in iS'SO, snoa; in similar strain, and it is noticeable that ("liarles Darwin, when visiting these old-tiiw resorts of the fur-seal in ISOiJ-JVl.and eoniributing so niueli of perinaneiiL value to nalurai! liistoi'y, iloes no', make oven a single allusion to the fur-seal. StiL'. It is instructive to notice, however, that in later yc;irs. as civilized natiiM." began to assert .sovereignty over these wild shores, so diil they claim the right to ti; seals and to control the breeding places. Augustus Earlc, who has publish>;il : ii.teresting account of Tristan d'Acanha in the year IHot, thus recounts the experienc] of one of the islande , named I\ieliard : " liy one of those sudden acts of treachery and j cruelty which liavu ijeen so common on the coast of South America the vessel to wliicl:! lie belonged while (piietly engaged in picking up seal on the shore was seized byanj armed IJ'. publican cruizer on pretence of her occupation being unlawful, and her ore*! (f u' wh'un Uiehard had the honour of cooking) were lodged in durance vile, and the onlj! f'- \t !l; 113 iscovoroil, iiii'i roars. 'I'liiriv two iiiuU'r tlio rom till' !>ii!i!: C(l liptluTO;!-: (ItluTS worki' •ions j;'r()llli- (,; ^orgllcU'U, ;:ii sliiiuls : l\(iy;, ity, whilo (111 nl)ly a localiii ) a very lar; L>- luuulrcils i: already louiv ■>.'ew Zcala,, t of Tasinani;, lumbers oii tl; I llie iiirt'ori'i: all the know: Fannin;; ain! were still to !k I owners of li:; ^5i als taken ill tk m industry, ili;: ';.■& total to iiior coast dislrici'^ nate slaiinlitoil ! than sevcrtvi re so ten ill tal cessation <'^i nihcrs of \ear M ilic is liio moil ;iis by man o m of the oiiu lit iitfull\ auf| marine aiiimalM )iiiulaiuo, licy have iioiv,] L'u coinidotoK the inetlr.iil- hlii[) '■ Beaulo," in 1 !^;50, siu',1., these old-lira. due to iialinij lan people lulled forty in December 187-."'* ,-; Slili. ()f the Cro/.et Island the re])ort was: "The islands are fre(|uented by ele])hant- jaiul fur-seais, although tiiey are not so }>'ontiful us formerly 'i'he llesh of the cals and liirds, the eggs oi" the latter, together \' ith the Kerguelen cabbage, form a oiirisliiiig diet on which the • ealers residing at times •)n one or otlur of tlie islands have sually lived." 8l)7. ')f Kerguelen Island it is said: "Two of the whaling scboon-rs killed over cvonty fiir-seds on one day, and upwards of twenty on anotlier It is a pity that ;oiae discretion is not used in killing tiie animals." 8G8. Another entry tells us of the Messier Chanr-d : " The steam-pinnace left Gray arbour at 4 A.:\r. with several naturalists and oliicers, and joined the ship in the veiling at Port Orappler " (in January lS7'i). "On the way landing was ellected at levcral spots, uud a number of birds were i)rocured ; a \cry large nniiil'cr of fur-seals \[Arclnc'-j)h(ihts) were seen, and si\ were shot, the .skins and skeletons of whicli were ircscrved." 8G9. In legard to Australia, Sir F. ^IcC'oy, kindly su]iplying us with infor'nation ifnun the Nation.d jMuseum, Melbourne, states of the Euolarid cincicu : "The decline or destriR'tiou of the lishery is certainly attributable to the indiscriiniiiate slang'. ler ol ihe [seals (.11 the k'w islands otfthe south coast, especially in Western Port, where the old males jniul gravid females resorted in tiic summer to bring forth and tend the young riic iin-seal fishery was conducted simidy by manning a boat suitable for landing on the islands, the landing usually taking jdace at night, and ihen the seals were killed lindisiTiniinately by clubbing them on the nose with large sticks The Australian fui-seals were never !i.->hed for in the open ocean." 870. Thus, over all the.se forty yea/.s, vessels, most of them under the United States' ag. line continued to haunt the breeding places of the i'ur-seal in the South Seas for ,lic iiiipose of killing all that could be killed, regardless of sex or condition. i'lie records show that the number of vessels fitting out in New England jiorts for his (ishcry avcragerl since 1840 from six to ten or twelve each year. S71. At the lime of the revival of sealing in the North Pacilic in 18()7 and following cars, several more vessels were dispatched to the South Seas and very considerable jcntclics were made, although not in numbers at all comiiarable to those of the old Nevertheless, vessels returned with cargoes of 1,000, 1,000, and e\en roo hincc uiis. A summary and authoritative account of what occurred was given in 1889 by |thc lloiioiirable C. A. Williaui.s, of Connecticut, before the House of llepresentatives : j" IVmi.Ic \iho laid been previou.sly engaged in the sealing business revisited these mthcru localities after a lapse of nearly fifty years, and no seals were found on the slau'l o liCDiuia. f Desolation The Island of South Shetland, and the island of South lud the Idand of Sandwich Land, and the Diegos oil' Cape Horn, and one or ti>o 'Clialli L:ia5j K\|)i'd ii(;n lii'i'Orl," vol. i, p, •J(:4 ft scq. V 2 wmm M in i r 11 ■ 'H ■I . M ii; 140 minor points, were found to yield more or less seal. In this period of fil'ty years in (jicy loealities seal lite had recuperated to such an extent that lliere was tal. The Chilean Government lias ..Iways recognized the value of the seal fishery, ahl.ough Hi;ce the earlier years of the century it has beon felt that the seals wert] nearly extirpated. AVe have frequent allusions to Government control. Tlius, in ISCli, | Her Mnjcstj's ship ''Topaze," visiting the Island of Juan Fernandez, reports ten iiiliabi- tniits engaged in sealing under licence from the Chilean Government. In 1875 Her I Miijesty's s-li'p "Cliallenger " reports finding a Chilean leasing the right from this Govcumunt for 200/. a-ycar, and employing fifty or sixty men on Juan Fernandez anil | Miis-ii-Fuera for the purpose of collecting seal-skins. 8H(). In all these places, and especially in the districts around the Horn, the enforce- n cnt of strict regulations, especially instituted for avoiding the taking of gravid females I 147 land disturbance of males, females, nud young during the oarly portion of the period thej spend ashore, is certain to permit of a great increase in the supply of fur-seal. 881. In some of the sevcial British Colonies where the fur-seal is found_, specific I regulations have been in force for some time past. " 882. In the Falkland Islands there is legislative provision embodied in the Ordinance [No. i of 1881 for the protection of the fur-seal, which is already having an excellent I effect, so far as it can be enforced. Its main provisions (see Appendix E) are a close time from the 1st October to the 1st April, and penalties and forieiturc against individual owners of vessels and others killing or permitting to be killed any fur-seals during those I months. 8S3. Recent inquiries made of those experienced in sealing in those islands elicited Itlic invariable opinion that the main causes of the present depletion has been the reckless and indiscriminate slaughter of tlie seals wlrencver they land, and especially during the breeding season. In some cases the stocking ot farms and people taking up their abode in the neighbourhood of the seal rookeries has certainly driven the seals to other resorts. I But the killing of seals has never been attempted at sea, and is entirely confined to [parties of sealers, landed from boats and schooners, who club, shoot, and spear the I seals on shore. The most serious complaints are that foreign schooners cruize along the [coast and land sealing parties regardless of the statutory close season. 884. Experienced men in the Falkland Islands assert that the fur-.sealare known not [infrequently to desert favourite landing places when they find they are mcdested for [others where they rest and breed in peace. 885. The Government of the Colony of the Cape of Good Hope has for very many J years paid attention to the fur-seals frequenting the coasts and islanols under its (authority. Thus, on the 12tli April, 1844, a Proclamation was issued : — "His Excellency the Governor, having been pleased to decide that the Seal Island [in Mossel Bay shall not be granted on lease for the present, hereby prohibits all persons [from disturbing the seals on the said island, and warns them from trespassing there after [this notice on pain of prosecution." 886. A special Report from Mr. C. H. Jackson, the Government Agent in charge of [the Seal and Guano Islands (Appendi-: B), speaks of indiscriminate slaughter on shore [as tbe chief cause of the present depletion ; and points out that, for lack of a close time [during the breeding season between November and January, a great number of females [have been destroyed " either about to give birth or suckling their young." Pelagic [sealing is unknown, the system of killing adopted being that of landing men in boats, [armed with clubs. He speaks specially of the ease with which seals are scared from [their resorts by steamers and other vessels coming close in. He also mentions that I "by a happy provision of nature a female seal will suckle any young one, whether her (own or not." 887. There are no special protective laws, but the islands are Government property [and are leased upon short leases, so that the Government has power, if it will, to control [this profitable fishery. 888. In the Austrklian waters fur-seals were found on the coasts and islands of [Victoria, Tasmania, and Nca- Zealand in very great abundance, and they are still seen [and obtained. 889. In regard to Victoria, Sir F. McCoy reports as follows : — "(I.) The seal fishery of Australia was never so extensive as that of the North [Pacific, and for more than thirty years the trade in Australian fur-seal skins has entirely [ceased, although of some extenl in Sydney a little before that time. " (2.) In Victoria, the only fur-seal is the eared seal {Euotaria cinerea), the size, ipe, and habits of which very nearly recall tiiosc of the N^orth Pacific. The decline [ordestiuution of the fishery is certainly attributable to the indiscriminate slaughter of the [seals on the few islands off the south coast, especially in Western Port, where the old [males and gravid females resorted in the summer to bring forth and tend the young. [At present a few islands only arc frequented by those seals, now in the breeding season, [and the number of individuals is too small to furnish any trade. " (0.) The fur-seal fishery was conducted simply by manning a boat suitable for llanding on Uie islands, the landing usually taking place at night, and then the seals were ■killed iudihciiminately by clubbing them on the nose with large sticks. The skins were chiefly exported from Sydney. " (4.) No measures effective for the protection of the fur-seal fisheries have been imdertiiken on any large scale by any of the Australian Colonies, but some years ago I rccommoudcd the Victorian Government to prohibit the killing of seals on the small ^^ I ^ Tit -it ■ ■m 148 islands which they frequent near Phillip Island, and altliough tlic number has somcwliat increased in consequence, it is far too small to furnish a trade. " (5.) The Australian fur-seals were never fished for in the open ocean. "(G.) Generally the life history of tl>c A'ictorian i'ur-seal exactly rcsenihles that of | the Korth Pacific, following shoiils of fish in the open ocean, but coming on tlio islands to breed in the latter part of the summer." 890. Sealing w.is a leading industry in New South \\'alcs, cspceinlly in the ypars 1810-20. Several firms fitted out largo schooners, and great nuniljcrs of skins were secured, especially from places like .Macc|iiaric ami the Antipodt's Islands. Some \cais ago the Government issued an order proliiiiiting (ho killing of seals on the mainland and islands of the Colonj*, and they are reported as increasing in numbers, as, for iustancp, around Port Stcpliens. 891. From Tasmania scaling has beou conducted on many neighbouring islands, the^ seals all being shot or clubbed on the shoi'e. Xo measures of preservation liave i been taken until 1891, when a Government Proclamation was issued: "The taking of seals, known by the name of seals or any other local name, in Tasmania and its dependencies, is hereby prohibited for a period of three years from the L'Gth July, ISill." The cliief difficulty found is with schooners from other parts marauding on tlij \ rookeries. 892. In New Zealand at the beginning of this century seals were numerous in several places along the coast around Port Ciialmers, along the west coast, near Westport, I round Stewart's Island, and in other places. All the neighbouring islands, such as tiic Chatham, Macquarie, Bounty, Campbell, and Antipodes groups, were well-known haunts, Mr. Yate, a missionary, wiiting in 1835, tells of several establishments for the stiil | fishery on the coast of New Zealand. But fifteen or twenty years of persi-^tent am! indiscriminate slaughter on shore had practically exterminated the seal in 1 840. 893. As to the causes of the depletion, Mr. F. Chapman, writing from Duncdin, s-ajs; " As to the cause of this there is but one answer: reckless killing and disturbance in | the rookeries. ^Ir. Dawson need not trouble himself about pelagic scaling; there is j not and never was such a thing in these waters." 894. In the early years of this century the port of Sydney did a large trade in seal. skins, and it is undoubted that with rise in market prices of more than ten-fold over timt j period, the industry may well he revived by judicious Government regulations dulj enforced. The main diBiculty in these seas, as elsewhere, is the raiding ashore, esiiecially in | the bleeding season, by unauthorized persons. It is to he hoped that the outcome of j the Behring Sea negotiations may be international agreement as to the illegality of ail | such proceedings, and thus all territorial Powers will be empowered to execute rejjula- tions against all comers, so necessary to the preservation of so important an industry as that of sealing. 895. It will be well if the Governments of New Zealand, Tasmania, Victoria, the Cape | of Good Ho])e, and the Falkand Island, as well as those of the Uruguayan llepublic anJ I Chile, take steps to secure for themselves any international advantages for the proper protection of the fur-seal in the South Seas which may bo determined to bo np])licab under international sanction in llie I^ortii i*acitic. As a commencement, each of these Governments should forthwith make statutory provision for close seasons, restriction of numbers taken, and other matters afiecting seal life within their territorial dominions | and the waters thereof. S'JO. A further ])oint in connection with South Sea sealing remains to be dealt wiili. Some of the older sealers who gave us evidence mentioned llioir o|)inion that ll:c i fur-seal of the Pribylofl Islands were the overllow of the fur-seal of tlie South Soa when | disturbed and harassed by the indiscriminate slaughter altove detailed. ^\ e observe also that the United States' authority, Mr. I'lliott, in his " Monogiapli i on the Fur-seal " (p. 0), writes : " It appears as if the fur-seals had originally passed to Behring Sua from the parent stock of the Patagoniaii region, up along the coast of South America, a few tarrying at the dry and iieatod Galapagos Islands, the icsl speeding on to the northward, disturbed by the clear skies and sandy beaches of the Mexican coast, on and up to the great fish-spawning shores of the Aleutian Islands and Behring Sea. There on the Prihyloff group and the bluffy Commander Islands tliej' found that union of cool water, well-adapted landing, and n:oist foggy air which fliev| iiad mi-scd since they left tlic storm-beaten coasts far below." 897. We have, however, received from the Director of the Xalural History Deparl- ment of the British Museum a very valuable Memoraintum (Appendix D), poii.tin:;' ojt the structural and other differences which distinguish the various species of fur-seal, ninil 149 Iwhicli clearly indicite that the seals frequenting the North Pacific do not migrate south lot" the E(iuator. Xor can we hokl out any liope that, as was expressed by a ITew I Zealand autliority, the ))crsocution of the fur-seal in the North Pacific may drive them Isouth to reiiloiiisli New Zealand rookeries. S9S. The relative importanee of the South Sea fishery is insignificant at the present Itlay in comparison with thnt of the North Pacific. In the latter the last full years gave |a total catch of about 100,000, whereas the total catch south of the Equator only Ireaclics 25,000. But the South Seas, during the first seventy years of the fisheries, Iproduccd at least lfi,000,000 seals, whereas from the North Pacific it seems probable [that not more than 5,000,000 have been, in all, secured in 110 years. To reinstate in [some degree the South Sea fislieries would thus be to revive, if only partially, a great and [most profitable industry. [ 890. At the same time, in the immediate matter of the preservation of the fur-seal in [the Northern Pacific, it is well to bear in mind that actual experience in the South Seas Iproves iucontestably the following among other facts :— [ (i.) Lxccssive slaugliter on sliore, in the entire absence of any pelagic sealing, jresults in ci.mmercial extermination. (ii.^ >'\tessivo slaughter and disturbance causes absolute depletion and desertion in Igivcn hreL,"->'g places, leading the surviving seals to seek other resorts, I (iii.) As Fanning has recorded, wliile old rookeries are being depleted and new ones [being taken up, more seals are seen at sea than ever. I 000. This is a timely object lesson for the North Pacific, where from two known Ibrceding resorts, for the past twenty-five years, so great a number of skins have been [taken (§ 43 et seq.) by excessive slaugliter on shore, and complaints are now made [officially that unless strong measures of rest and recuperation are promptly adopted [the seals frequenting these resorts will disappear. Undoubtedly, they will seek other [breeding places. 001. Mr. Blaine has done good service in drawing attention, in his despatch of the 117th December, 1890, to the disastrous results in the South Seas following on indis- [criminate and unrestricted slaughter of the fur-seal. There has never been recorded any jmorc self-evident and striking example of the consequences of excessive slaughter by [man. It is therefore useful to bear in mind the precise character and circumstances of [the seal fishery of the Southern Hemisphere. 1 VIII. — Marketing tuk Seal-skins. 002, The process of preparing tho seal-skins for the market, costing, on the whole, hSf. to 20.S'. per skin, is the work of a piosperous industry in London. The skins are landed in the docks, and sorted for size, quality, and kind, ready for Itlie sale-room. Eventually they arrive, thus graded, at the factory, and are dealt with in batches. The process coiiimences with the removal of the fat and flesh left on the skins 3,v c:ireless skinning ; the next step is thoroughly to cleanse the skin by hot-water I'rtNhing aiul stretching, alter which the skins are detily shaved down to the loquisiic thinness. They are then treated in a hot chamber, and the outer hair taken off. The conqiletin^' stages are those of dyeing to a uniform colour, and finallj' shaving the skin [tlown to the necessary tliinne-s. At every stage much technical skill and judgment are reiiiiircd. iii';3. it is a notew(u-lhy fact, that nearly all fur-seal skins are taken to fjondon to be [liesscd and sold. 'J'hc fur-se;il industry thus gives employment to much shipping on the 'acilic, to railways across the American continent, and to shipping on the Atlantic; Jivhilo ill tiie business of insurance, and in the sale of the raw and finished skins, both vholesale and retail, as well as in the processes a')Ovc described, very consideraljle profits Ire realized. f m 150 Part III. CONCLUDING IIEIIARKS. COl. In comtncnciiify our Report, wc explained llio stops (a!./. I *■ .s. //■ J 9 /(■ Ji A'//'. JO 1 "J > 5 i \ i-H ftO R SEALS IN THE PERIOD SEALS IN THE VICINITY OF THE COMMANDER ISLANDS, IN THIS PERIOD. : AILAOLE INFORMATION RESPECTING IT IS INSUFFICIENT SMALLER AREAS * VICINITY OF ROBBEN ISLAND AND SOME O! THE KURILE ISLANDS ARE j. tPbClN,. ) b III (aooa f/M. /»<",) fo. SOS. m ^^ 'U ';■■(■ ' ; 't I i I I I ^ ^^^ "■^ ^^ I No. 3. SKETCH MAP SHOWING APPROXIMATELY THE AREA I EXTENDING FROM JULY 'oTH TO . AREA CHARACTERIZED BY ABUNDANT SEALS AREA CHARACTERIZED BY SCATTERED SEALS. , - - -J --*■ ■ ■ ■■ I ■■ ■ I 111 -■ Ill ,...^'"5""" "*'''■•'".>" '''i'"'^'' >"»nl>^r of observations m u... : Ht wind bUw trom\ Xumhir cf calm in l^ ohietuatiom = 13. I Tkt^g ure im iicaiourh««d of Friiiylaff\ hlamh :ly the area frequented by fur seals in the period JULY 'oTH TO AUGUST i6TH. 1891. NOTE. -THE AREA OF ABUNDANT SEALS IN THE VICINITY OF THE COMMANDER ISLANDS, IN THIS PERIOD, lb NOT INDICATED, AS THE AVAILABLE INFORMATION RESPECTING IT IS INSUFFICIENT, SMALLER AREAS or SEAL OCCURRENCE IN THt VICINITY OF HOBBEN ISLAND AND SOME OF THE KURILE ISLANDS ARE NOT SHOWN FOR THE SAME (ICAbON., Tison 4 TtuUi li'h S" Mai'iiir L.v.:(- '■>'' {iOOO. 3/33. n9Z) F.O. 505, w. FUR SEALS IN THE PERIOD 1891. (OANT SfALS IN THE VICINITY Of THE COMMANDER ISLANDS. IN THIS PERIOD LIMITED NUMBER OF OB^>t HVATIONS. SMALLEK AHEAS OF SEAL OCCURRENCE OBBEN ISLAND AND SOME Ol THE KUHILE ISLANDS ARE NOT SHOWN AS NO BLE HESPtCTINl. THEM ,2000 ^l<^^.l\<^> ) 'o. 5cj I 'i f ' :1 fW 160 180 NounwaA BE HRING SEA 160° a •3, ?/ PrOylofri? ^naJxvtikiCb Diagram shewing rtlative iiui J'arious direclicns, each obiervation he Xumhtr tf calms in 96 obserrat The figure indicates luerat^t for, Observations mostly east of 170° IV., and lKtxi>een para Ih Is of 54° and 60°. »-5N H J 2 W I'M) 160' 180 leo No. 4, SKETCH MAP SHOWING APPROXIMATELY THE AREA FREQ EXTENDING FROM AUGUST 16th TO SEPTI "I AREA CHARACTERIZED BY ABUNDANT SEALS AREA CHARACTERIZED BY SCATTERED SEALS. (NO H..rri!.nn K'Jv\f. l.i'li i! I/m'iu; litie'.VC IV. [HE AREA FREQUENTED BY FUR SEALS IN THE PERIOD 16th to SEPTEMBER 15th, 1891. ..,-r CCA..; IN THE VICINITY OF THE COMMANDER ISLANDS, IN THIS PERIOD. fNOTE-THE AREA OF ABUNDANT SEALS IN THt viomi i i ..,-rcn Ki.iMRFR OF OBSERVATIONS. SMALLER AREAS OF SEAL OCCURRENCE DEPENDS UPON A VERY LIMITED NUMBER OF OBbtKVMiiur. .o, .Mr, Awn <;OME OF THE KURILE ISLANDS ARE NOT SHOWN AS NO IN THE VICINITY OF ROBBEN ISLAND AND SONIE OF ) Mt INFORMATION IS AVAILABLE RESPECTING THEM.) Xl'h C H'v'ii.r. L.itie 'A' L' l2000.i/S3.t\9?.} F.0.505. ■f ■ ! ■ ! ■'. ] ■i, i ' 1 i ij i. _.J II 1 1 II ^. i ' ' 'i "1 '( 1 ^if ■J 1 1 1 , i 11 flM IBlriSL fl l^lt ; 1 n^ W H . ii if ■ >fl V rflV il: h 1 1* 1 |l| ■ t If ■ • ■; o n 1820- T7 \t^ ■«. ' TO 1880 l/ttM» 100. gao 1 > 1 5 ■« 1 1- 5 :> iOO.OOO "■ 1 «i ■c 1 4 5 .5< J — /^'^ > ■ _ — ^ Oli OCl / / v \ rto.pou / \ ho "00 ^^ / \ 4C.O0' , O 1891. I820'() C«< mn{) m:}0 1,1^ 000 - l~-- /^\ — _-.^^ \ •C.JJU --- "^-^ ^/'^^ \ \ /' ^^' \ ;.- 000 40 nou ^0 one .'U.U ■SOi / ^ ^ IJO. / •— — _ / fl BO. ^^\^./''''\^ - 4 D.J ■'1 ■ "''il' 1 ^m J I 1 ^H i;! • ■ r^ !' i J m m ^ ^^ I8'.'(> ia,v> IHH) IBSO IH t DIAGRAM REPRESENTING THE NUMBER OF FUR SEALS KILLED ANNUALLY ON THE PRIBYLOFF ISLANDS, FROM 1817 T< DIAGRAM REPRESENTING THE NUMBER OF FUR SEALS KILLED ANNUALLY ON THE COMMANDER ISLANDS. FROM 1862 yiimhr/- hillr j (r(! ('/■ Induin ('od.s! ('alch in ctirhrf i,r) FO. JOS lano 1H40 IH50 i»« Harrison ^ tjoiLS l.i'li C Miihim Lauo'A'C lUtlO l«70 F ISLANDS, FROM 1817 TO 1B9I 1880 V. IA(M) 300 000 '■f t. ■* V *v. • V N , < 5>, ^00.000 > t *«c ■X( 5i ■ i « ; X ,-^< ' ^ \ lOO.UCl) V \ ao.nou. \ f,O,OO0 , \ ir.ooi , I. \ Lcuim. •' fltunnl . 1862 TO 1891. V" ^\._ /' ^-\/^ y ^ 60 000. \ 40,000 \ :o,ooo BAY COMPANY AT POSTS ON THE COAST, FROM 1852 TO 1891 CATCH FOR THESE YEARS \DIAN SEALING VESSELS. FROM 1871 TO 1891 lEING NO TRUSTWORTHY STATISTICS FOR IT) 60,000 40,000 ;o,ooc H, FROM 1871 TO 1891. IS6U rris'in h Uou.i l.i'li S' I,()itiii8 Laiie'.'.'C. /a7() IHHO iH.OO IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^1^ ^ _ Ks KjJ 1122 IS? L4 ■-■ u I- lis |l.25||||,.4 ..6 < 6" ► 0> "^ ^^^' ■> y Photograpliic Sciences Corporation >% WIST MAIN STRUT WiB:.TIR,N.Y. MStO (716) S72-4S03 List "f N.>. 4 )i 7 K '.) 10 11 12 i:l II V) Hi 17 IH 111 •J(i •Jl -- 2:t .11 2t) 27 2R 2a ;)0 ai in :t;) :11 .■in ;t7 ;m .'!'J 40 41 42 4;i 44 45 4fi 47 4S 411 M) 51 52 { Ifil ) Appendices. AITKNDIX (A). List ok Peksoss and Autiiouitieh surrLYiNd Kvidence. List of tliose wlio ^jave I'ersonnl Kvidenco niid Tnfonnatiou to the Kulirin^' Sen Commission. No. Naiiir. Dr. Aclii.id . . Mr. Alrxiindor ;i I Mr. Aylc , . 4 I Mr. Auiiicukii i Mr. O. A. HiiMwIii (> Colotii'l Biiinos 7 .Mr. ISciitzuii . . K Cnptaiii Blii!r II Captiiiii iiriindt 10 Mr. lioHcowilz 1 1 '. Mr. Stiinh'v Brow ii 12 Mr. J. Uiir'ns. , 1:1 Ciiptaiii Bilker 1 1 Mr. Clifforil . . 1.1 Cnptiiin Cuulfidii lii Cnptaiii Cox . , 17 Captain W. Cox |H I Mr. It. Ciiiininglmni I'.i I Mr. 0. CunniiigliGin •JO I Mr. Campbell •.M . Mr. 1". Cope. 'JJ I Capmiii Uo:i Mr. Dirks . . M Mr. .J. Knile, M.l'. 'i.') Captain Mdwards till Mr. ICiiimnnii , , i' I.icutciinnt Kiiinioiis i!R Kdenoaw 2'J Mr. K. KiiilHytoii :iO Mr. Kowler , . "il Mr. I'Vnser . . :!2 ' \h. Fo>U r . . •!<'t I Mr, Kcigufuiiiii .'il I Mr. Flummrrfelt .'>j I M. Greliiiit/.kv ;)0 1 Mr. Orcv .'. :I7 ; Mr. It. il. Hall :I8 Mr. It. Hall . . .11) Mr. r. B. Hall 40 Mr. J. Hcnderwin 41 Crt)ituin Henley ■ii Ilcv. — Hopkins 411 Mr. Haiiiiui'i'.^ley 41 A. JuhiiBoii . . 45 " Captain" Jack 4*1 I.ieuiciinnt Jnr\is 47 lU-v. — JeiiniujrK 4S .lesuit Migsiniiniioa 40 Mr. Jiini'B 'lO M. Knniyaknff il Qiiverniir Knapp AJ M. Klugo . . M Captain Lavender i4 Mr. J, Iiinuui->t [305J Place and I*rofc«8ion. Medical Oflioer, St. Paid Wand. Trnder, Mimset, (luecii Cliarlnttc Islands. Signni Officer, Ncah Bay. A.D.C. to ('ominniidaiit, I'etropnuloiiski. Buokkeeprr, .St. Paul Inland Assiiitant TreiiKury Agent, St. Paul iHlaiid. Forniirlr einplnye, IlinUon Bay Company, Port .SimpHon. Sclioiiiier *' I.ecMi,'' l'etropanInu«ki. Ktiseian gun-boat " Aleut." Vietniia, Itritisli Coliimbin. Special Agent of United States' Ooveriimciit, Pribylott" Islanda. Hunter, St. Matthew Island. Senling-scliooner " Vivn,'' Victoria, British CoIiiinbi:i, Manager, Hudson Bay Company, Port Simpson. United States' revenuc-cruizcr " lliisli.'' Agoiit for K. B. Marvin and Co , Victoria, Britii-li Columbia. Scaling-schooiK r " Sapphire," Victoria, British Columbia, Fur-traiUr and owner of Cann<'rics, Port Kstinj^ton, British (Vhiinbin. Ditto. Vancouver, Biiti-h Coliiiiibia. Diltn. Senling-hehooner "Maggie Mae," Victoria, British Culumbia. Agent of Al!.sl;n Cominereial Company, Alka Island, Victoria, Britisli Columbia. Vancouver, British Columbia. Collector of Custom.^, Uiialaska. United Stales' ^hip " Piiita," Sitka. Ueida Chief, Masset. Victoria, British Columbia, formerly cnploye of Hudson Bay Company. Agent of Nnrtti American Commercial Company, St. Paul Island. Vancouver. Biilish Colnmbiu. Hitlo. Ditto. Victoria, British Columbia. Administrator of Coiiimaiider Islands. Alaska Cominereial Company, Unala.>kii. Victoria, British Columbia. President of Boaril of Trude, Victoria, British Columbia. Secretary of ditto. Vancouver, British Ciduinbiii. United States' reveiiue-cruiner '• Beor."' Bella Bella. Vancouver, British Columbia, Indiiiii hunter, Shakaan. Native, St. I.nwicni'e island, Un'ted Sties' u v. niie-crnijer '• I'enr," .Missionaiy. I'oit l'!i-singlon. Haze 1 Bav, Cape Vancouver. Vii tirin, Britisli Co'.umbiii. Cinnmanilaiit, I'e ropaubuski. Silk <. Agent of Itusgian Seal skin C.impiiny, Copper Isliiml. Treasiir}' .Agent, St. George Island. Agent lur lliiti-liinson. Kohl, nnd Co., Petropanlouskj. A. i 162 ! ^1 IN :l No. Nnnic. Place anil rroreH>inn. US Mr. Tx>ckarl)V lluditon Hay Comimny, Port Sinipoon. 66 A. Looli Kitkntln Indian, Port I'^rainitton. 57 Ciiptnin LaitiK . . Victoria. Uritiah Columbia. 58 Adirliii Liiiiberg . . . • QuarterniBHter, sto.ini->)iip " Danube.' 59 Mr. Milne ., Collector of Cii>t(im», Victoria, Kriti^li Colu-iibia. 60 Captiiin Miner . . • i Sealing-scliooner •' Henry I)enm»," Seattle. 61 Ca >tuin Meyer Steam nhip " Danube." 02 Co iipcr reiKu-te:-, 8eNlin^;-»eliO'jner " Otto.'' 00 Cuptain Mavmiril United StateN uliip " Pinta." 67 .Mr. McKoii^Eie l''ur-trailer, Masset. imen fJliarlotte iKlaiulii. 68 Captain McKenxio Scnling-stcamer " ICIifci lOdwarils.' 09 Mr. Mnegowim Vancimver, Uritisb Cohiinbi:!. 70 Dr. Maenl|)in Mr. Miinsic .. Ditto. 71 Owner of Bialintf-scliooiurs Victoria, llritinh Columbia. 72 Captniii L. Mneluiin . . ScalinK-schooner " Favorite," Victoria, Itritiiili Columbia. 73 Mr. E. H. Marvin Owner of Kcalinj^-icliconer, Victoria, l)riti$h I'olumbia. 74 Mr. R. Neumann .Vgent of Alaiika Commercial Company, UnnlaRka. 75 Mr. Newuinn . . l''ur-trudci', Alentimi Islands. 70 Mr. J. C. Nixon Owner of «ealing-seliooners, Seattle. 77 Mr. Oppenliciuier Mr. Kedimtli.. .Mayor of Vancouver, liritish Columbia. 78 Manager of North .Vincriran Commerrial C'uni|)atiy. St. I'aul Island. Unitcil States.' Mu ••Thetisi." Vancouver, Itritis i Columbia. 79 Captain Keiter 80 Mr. Housefell bl Mr. U. Kobcrlvon Ditto. 82 Mr. Juntice Swi Port Townsenil. 83 Cipiaiii Spring; . , , . Ditto. 84 Hev. — .Stevens . . Poit KiM^iiijitDn. 85 Mr. E. It. Saiiih Ship-owner, Vokolian.ii. 86 Jlr. Stevenson . . . . Vancouver, Urili-li Columbia. 87 Mr. U. It. Tinsic Superintendent, Nortli Ameriiau Commercial Compauv, I'ri. bjloff Islands. 88 M. Tillnmiin UussniM Oovrrnnunt Agent on Copper Island. 89 Mr. Tatliiw . . Vancouver, Ilritisb Columlii. •JO Captain W'lirren . . . . Victoria, Uritisli Cu!umliia. 91 Mr. WnUh . . Navigator of sealing-tcliooner " Wanderer." 92 Mr. Wa>lil)iirii .\gent of Alaska Commercial Co:i jmny, Kodiuk Islaiul 93 Mr. D. Webst, 1 Resident Agent of North Auieriean' Commercial Company, St. (leoiie I«land 94 Major Williams United St:it( s' Treasury .Vyiiil, St. Paul I.-la:id. About 100 natives, Aleutti and Indians, as follows: — Aleut imtives Village, St. I'aul Man.l. »* I* North-east Point, St. Paul Island. Unala-ka. *1 »l ft tl i .. Atka Island. Attn Island. Copper Island. •• •• X'illugc, Heliring Nlavil. ' .. *, .Ninth Kookerv, lleliring I-lanil. 1 Indians (TlinVit) Sitka. „ (Kla«ok) Sli.ikaan (Ilanega tribe, from Klawnk^ „ ('Isbimsian) Poit Simpson. ., (Ilailtimk) Hlbi- Bella. 1 .. (Aht) Clavqnot Sound. „ (Ilaida) .Massel, Qwi'en Cliailutte Islands. 1 ., (Kwakiool) Nawitii, llii|>0 Isluid „ (Abt) Neah Hay (.Makali tribe). Indian Olfice, Victoria, Ibiti-li Coliiniliia (\arious tribesj. 1B3 TilK fnllowiii); Mv tliu souivvK fi'iiiit wliirh writtuti infiiriiiiitioii liiis Iwcii obtaincl by, or at thu rciiiicst of, lli« Uuhiin^s St'ii Comiiiihsitui; — 1. Cii/niiiiil Giinnuiinili, Uaix) of Gooil Ho)K?. Fulkluiul Isliiiuls. XuwfoumUaiiil. New Sniifli AViilcs. New Zealand. Tasiuania, Victoria, 2. Fofeiijii (loirrniiiiiili. Ai'UMitino J'i'imlilir. niiizil. Cliih' •lapnii. Muiite Viileo. lillSBill. rnijtniiy. ;', Ifrr Mnjfsly's ComuU (throud. Canton. ]f(inoliilu. .San Francisco. Slianglmc. 4. O/fiirr-i of Hfi' Mnje>. MmiUantOiiK. Mr. de Bnnsen, T-ritish I^'gation, Tokio. Kiirl lU-ownlow. Captain Devi'reux, (Jravinj,' l)ock, Ksquinmlt. Professor Flower, C.l'., Xatinnil History Mnsenni, T/indon. (,'a;)t4iin David (iray. Dr. Giinther, Natural History Museiun, liondon. Hudson Bay Coni])any. Mr. A. W. iluson. .Sir iieoiye Curtis I.,unipson, Hart. Mr. A. kifone, M.P. Mr. .1. W. Muckay. J'rofe8.sor .Sir F. McCoy, Melltourne, .Sirli. Morier.C.C.H. Mr. Mnrniy, " Cl'.allenj,'er " OtHce, Eilinburgh. Harou Noplenskiold. Mr. Schiter, Zoological Society, lAindon. Mr. .Justice .Sv.'an. Mr. E. !Ma»intle-Thonipson, British Mu.seum. Mr. W. C. Vim Iforne. m a [305]' I 1- i ( 151 ) Ari'KN'ltlX (H). ClItCir.Alt TO, A\l> I'KIM.IKS KIJdM, ('iiI.i'XIAI, AM) FoilKlUX ( iciVKIlSMKSTS. TlIK fdUnwiiif; Ciiculai- i>f luc|niiy was jm iiaivd l>y tlio llfliiiiii; Sen Coinmissioiici-;, mul fin'wiiril«tl lit tlii'ir ivi[m'sl In the (iiivuinniL'iits of — The C'niH! of (!ood lIoi«'. Till! Kalklanil Isljinds. N'l'W Sontli Wiilcs. Victoi'iiu 'I'asiuaiiiit. Now Zualaiiil. Chilf. .\r},'ciitiiii' Itt'piililii' Kmzil. !'ni<»iiay. ■.Ia|i!ni. Such ix'plics as liavi; Itei'ii rufuived ai-u jjivcii litdow. Ill addition tu tliiit Ciicular, direct curruapundeiiuu was uiittMi'jd into with thu aiithuritii>8 on ilu' saiiio subjects. Circiiltir of Inquiry. The Department af Fisheries of the Uoiniiiioii of Caiiiula, in connection witli questions rehitiii<> tu tiie fur-seal fisheries of the North I'aciKc, is desirous of obtaining all |)08sible information rclatiii;^' Im the fur-neal fisheries of the Southern Hemis]ihei'C. The southern fur-seal, or " sea-bear" (of tlic family of eared seals, or (Marida;), is known to have formed the object of an im|H)rtant industry in the i-arlv part of the prest'it cenlury, but the islands on which it once alxiiinded are now n.'ported, and belicviil to be, almost entirely depleted of s 'als. As the habits and life-history of the fur-seal of the Xnrtli Pacific appear to be closely similar to those of the allied seals of the Southern Hemisphere, it is tli(iii).'lii probable that the history of the decline of the southern fisheries may all'urd some facts having; a diiwi liearing on the fur-seal fisheries of the North Pacific, and may serve to iiulicate a proiwr iikpiIc »{ prott^ction to be accorded to these fisheries, if such should lie found necessary. In this connection, it would be of ]>nrticular intei-est to know for each of tiie seal islaiuls ur 8ealin},'-j,'rounds of the Southern Ileiiiisphere ; — 1. Whether the decline or destruction of the fishery is attributable to the slaughter of the seals while on shore at their breeding-places, or to their jmrsuit at large on the cireumjucent ocean. 2. In what manner the fur-seal fishery has been or is conducted in each ])articiilar locality. 3. Whether any, 'iiid, if any, what measure." have been taken by various Ooverninents towards tlio protection of the fur-senl fisheries in their territories or in places within their jurisdiction ; iiiiil. further, if any such measures are known to have proved successful in iHcserving or ixdinbilitatiiig tlu' fisheries. 4. (ienerally, any parliculai's as to the life-history of the animal, its migration, season riiitcd documents or Iteports referring to tlif fur-seal fisheries, or c'.-.ibodying Keuulations provided for these fi8herie.s, may be furnished. lUpIji (0 Circular rectirul/roni the Govtrnmcnt of the Cape of Oood Itoiie. Minute. In acknowledging the receipt of his Excellency the (iuvernor's Minute of the 25th August la.>t inclosing a despatch from the Kight Honourable the Secrettuy of State for the Colonies, retiuestiii^' t(r be siijiplied with certain particulars resiKJcting the I'ur-.seal (i.shery of this (Jolr oy for the inforiimliuii of the Canadian (loveriniient, Ministers have the honour to submit herewith a Iteport which has ktii received from the (!overninciit Agent in charge of flic seal and guano islands, aflbrding the dcsirwl particulars. (Signed) J. W. SAUKll. CaiK Town, October IIO, 1801. f Itqwrt vjion tin- present Condition of the &(d Fishery on the Coasts of the Cope of Good Jfopr. The decline of the seal fishery in these waters is attributed by practical exjicrts eutiixjly to tlic destruction of the females in the breeding season, and but for the fact that there are many jiliiccs almost inuecescible, nud others where landing is ditticult, the seal in these waters would prubabh have been exterminated, as no protection or legislation of any kind has ever been cousideKti necessary. 15& Diiiiii" llio "si'iiiijis," us lliey iii'o lci'liiiio€illy cull(!i|, iit curliiiii si'iisinis ol' lln' yiMi, lln' simU aiti ^..ippvnl witli cliilis liy men laiuliii;,' iii«m lliu iilamli from lioats. rill' wiiitiT 111' slit'ildiMi,' >"asiiii cijiihih'ik'i'h in .liiim ami v\uU in Aii;,'iHt, iliiiiii^' win li |nriiMl iiiiiiiliri- of 111. ill' si'.il.s ail' l'l to uxteiiil over a lonsiilcrahlo i„ ijiiil, anil il arrives at nialnrity in alioiit three years. The olil male seals, ealleil " liiills " or " whins," atliiiii all enormous si/.e, ami li^ht ilesperali'ly altiony themselves The feniah's generally jtroiUlct! two iiiiiis I't a hirth, anil immotliatuly afterwards take the male. The " eow " w ill sueklu any of the young s,;ils, whether her own or not, and this |H'riod of nursing eoiiiimirs more or less for iilMiut f.ix IlllllltllS. As ivfjarils their mixralious, it is ditlicult to j;ivu an u|iiniiiii, as seals are always to he found in tjii'se waters, although they do not take up upon tho islands in any nuniburs except at the .seasons I have iiii'iitioiied; hut I think it may lie naturally assumed timt their migrations, whatever they inny Ik'. aiv iv-ulatud solely by the fiM.d supply. liifoitiinately, as I have stated before, there are no printed doeumeiits or lieitorls of any kind refeiiinu to the suiijcet, but I have availed niysuU' of information kindly furnished by the l)est practical (•viieris ill the Colony, with whom I have been a.i.sociated, who are nnanimnus in their opinion — Hist, tlial the seals are dei'ieasing in these waters; and, secondly, that the sole cause of thi,« ilciiva.se nt the pre.xent time is to be found in the destruction of the females during the liix-eding We have practically no pursuit of the animals in the water on these coasts. .\t nlie jieriiKl, mo.st of the i-slands were iidiabiled by seals, but there are comparatively few nt the iircseiit lime upon tho.se islands in the immediate vicinity of Cape Town, and this may be accounted |,ir by iiiiiny reason.s, liesides the most important which I have already mentioned. Seals are very tiiiiiii, ami the noise of a steamer will scare them away ; in hicl, passiiiL; to windward in u sailing vessel, within '2 or 11 miles of an island which they fri'i|ueiit, will generally disturb them. It requires i-ijiisiiU'iaiile experience to approach tlieiii, and old sealers never attemiil to do so on these coa.sts when nil I'listfily wind is lilowiiig. I pdii .several islands, especially in the Ichabue group, are to be found the remains of vast numbers iif "Sfal," probably the etiects of an ei)ideniic disease at some disiaiit period. In many ]ilaci's, the hair, whicli is pi'iictically iuileslrnetilile, has been found mixed with eaitli to the depth of several feet, and lliis when sifted gives a fair liercentage of ammonia ami phosphate, probably the residue of the bodies mill Ikiiii's of the dead animals. The average value of seal-skins in the rough state in the London nmrkct, taken in these latitudes, isalmiit liw., but many fetch a much higher price. No attempt has been made in the Colony to dress llii' skins, and there has been no .sale for them locally except for expiut. Tlie system of killing the seals is the same throughout all the colonial islands, namely, with ''ihilis," by men landing in Ixiats. The skins are salted upon the spot, folded up, tied, and sent to (..'iipe Town by coasting craft, from wheiu'o tliev lire shipped to Europe. (Signed) C. H. JACKSON, Government Ai/ent in charpe of the Seal ami Guano Jstamls. riipi: Tmni, Oilolxr '.\ lAVil. iii']ili/ III Liirnluf ixeei'cd from the Guccrnmcnt of the Fiilkland Ishinils. Oiiviviiiir Sir It. nolilsworlhy to Lord Knitlx/ord, My Lonl, GuVtranwnt House, Stanley, Oduber 2G, 1891. 1 have the lionour, in rejily to your despatch of the .'Ust July, inclosing a despatch from till' (liiveiuor-tienenil of (.'anada a.sking for information regarding the seal fisheries in these seas, to liiiwiird a iu'ecis of the rc|)lies to the ([uestions n.sked, which I have been able to obtain here. I iv;;iet that the information is not ns full us might be desired, but, unlortunately, Captain Hansen, ;in "Id mill experienced .sealer, from whom 1 Imd Imiied lo obtain full particulars, was accidentally ihiiMiicil before my letter, reiiiiesting his views on a matter on which he was looked upon as an aulho- liiy. icai'iii'il him. 1 liii\e been given lo understand by those conversant with these matters— indeed, it is referred to ill tlie iii'companying precis — that foreign vessels deslwy the seals in *.he close season, whicli exists here li-eiii the 1st Octolier to the 1st April. The fureign vessels alluded to are American scalers, and formed the subject of corresponde.ice * I Mwi'i'ii (iiiviiiiiii Ki'ir I (iiiitdiii MlH>.'litvi Sfiiinr N'liviil (tMiciM c'li llir Sdiilli-l'JiHt Aimiir, Stuticiii. I slmll iiniliulilv. wliiii licitvi- iiifoviiu'tl nii llir wliulf >|iu'fili(p|i, !«• nlilc In •.uliiiiit my vu'w-m, il Hllliji'Ot, At IMcscllt I rt'lVliill IVnlll ilnilll,' "M. I llllVl", \('. (Simu'ill K()(ii;i! TI'f'KKI*. C.oLDSWol.TIIV. /'irrin 11/ Jtr./iliin III I'iiiiiliii- <;/ /miiiiri/ ihiiiiinliiii/ Jiviii l/ii JtciKirliiiiiit 0/ Fi-iluiiis nj the 7A(hi//i (',,«,, Ciiiliiilii ii/iiliiiii III llii Fni-Siii/ Fi^/nifl iif Ihf Siiiilhiii Ihiiiixjilifir n-hii/i Imn hrii irn i n il /„, /li:tiiliiiti ill I III Fiill.liiiiil Isliiiiils, i,liU'stinii I. WlictliiT llii' ilirliiif "Y ilcisUurtiiPii i.l the lislu-iv is iillvilmUlilo to tlif hIuuxIiIm of tlio sl'iiIh \v)iili' on slmit' at tlicir lucciliin; )ilin'cs. or In tlicir )iinxiiil iil lini{i! 011 llic ciiciiiniiinn; oci'iin, llimoiiruhlv J. ,/. Filliiii. — Till' iiiniii niiisc is diu' to tlic lurkless anil iiiili.sciimiimtc slmijiliui of tliu sciiI.M liming tlii-ir Imciliii^ m'iisoii ; tlii' dfiitli of tlio iiiotlicis, li'iiviiij; tlii' vouii;; to jH'iisli, m,,; ♦ he niiiiilu'is wild luc iliivi'ii from lliiir resorts Wwv^ forth tlirir youii;; in tlif wati-r, nliicli naliiinlK ptnisiii. It lias not ln-i-n the jirHitifi- to shoot tlii^ seals in the water. If so shot, they sink. .A ./. C'viilliini M'niis ciittinj,' IVom tl Fii'M." whieli ho thinks fully answers the lirsi iln,, ipieslions. /;. XUmm. — Tliu nesiion ;>. Wliether any, and, if any, what measures have Ijceii tak,a liy vnritais (Joverniiiiiii- towards the prut<'clion of the fur-seal tiaherics in their territories, or in jilaces within their jurisdictiini; ami, further, if any such uieasuivs aiv known to Intve proved successful in )ircserving or rehahilitiitiii. the tisheries. J. J. Filloii. — In the Falklands, since the close .season was enacted, there has lieen all increase oi .seals; hut foreign schooners occasioiuiUy break the law. J. J. Uimlhiirl. — !See answer to (4)uestion 1. 2,'. ..Vt/.s.S(i«. - - |)oes not see any im]aoveinent since the Ijiw cimcting a close season \\;u- passed. H. Jl'ii/ilmii.- 'I'll the same etfect as J. .1, Felton. IJueslion 4. (icnerally, any ]iarliculars as to the life-history of the animal, its niigmtioii. season of bringing forth its young, and habits of thi; .seals whih' engaged in siu'kling and ifariaj; llif young. J. J. Filliiii. — lloes not think the .seal migratory. The breeding season is about inidsuinnicr. wlim both male and female nuike for a suitable place. The " shedding " sea.son is in the fall of the year. when they fre(|uent rocks, and the young, wliirli liefore were valueless, become marketable. •A ./. Oooilltuit. — Has not studied the ^adiject suffici<'ntly to be able to give partieulnrs. A'. Xilasiiii. — The seal generally is a tiund animal, and recedes froni adMiiU'ing civilisation, ini'l migrates to any place where it can remain undist\irbeil. //. Wdlilriiii. — Owing to kejii jairsuit. the seals jirefer caves ami ledges uf roc'ks under lii;;h ilill- to form bi-ceding rookeries. The fur-seal hauls u)i to lireed in .buiuary, the young leaving in .Ahiy l^r other rookeries with both ' « liigs '" and " claiimatches,"* There U no regular migiiition, but it is prulmMi' that, when hard ]ire.s,sed, they leave the .South Shetlanils and n\ainland for the Falklands. "Theviiir peculiar in liking some jdaces for seveiid years, and then at once going away and not hauling wy tluti again, apparently without cau.se, in some instances where but few were killed and in others i|iiilc unmolested." • A'o/f.-.«WhiKi,"maleie*li; ■• CUpnutohei," fenule MtU, 167 Wlu'ii wMli-rs li'iivc ciiruiimM uii tlio iitekM, souls ...soi't llic iilucc. SfiiN will iii't ini-riuiHo in tliu Soutlioiii lUiiiisidicii' until Ihu ('liili-mi mhI Ai^-iiitiin' (iuvoriiiuontM l,,v,. a I'liwc tiini' mid wi) it ciiCorcftl. (Iiiitiilli'-I) V. S. S. ihhlnriH, IS'.tl. liffilif III Civciilitr iririnil /ro-ii Ihf (liirmiiiuiil i;/' .W/c Siiiilh Wiilm, tiiiirruiir Lin'il Jrrsrii In hunl hiinlx/'niil. ^1.. ij.iil. liiiirniiiinil lloiix,-, Si/i/mi/, Iklnlur IIO, 18',l|. ' I liiivc tliu liiiiiiiiir, ill i'i'|p|y III your ck'spiUcli iif llic liilih ,lnly lii.st, In .slate timt I fiiii iilitiiiii iin inlMnimtiiin ciiiurrniiifj lln' i'ur-sfiil lisliciy, m \\\v t'lir-scil is imt t'liiiiiil mi tliu cimst of N'cw Soiilli WmIc^. I llllVC, \l'. (SiKiu'll) .IKIfSKY. Ili'l'ljl III Vii'i'i'liii' I't'ii'inil I'lvni till liiii'iriiiiii iif nf I'lilnrin. (idiiiiiijf /.mil Ifii/Hlnnit In /.Dill KiniUlin'il. I Jlv l.ii|ii. (Ilifi I'll nil III llnnsi-, Millxniiin , ( hinlii r LT, IX'.'I. I Imvc till' liiiiiiiiir to iioknowli'd;;!' tlic ii'cci]il nl' yoiir Lnrilsliip's (i<'s|p;iti'li nf tlic Itlllli .Inly liiiiiiiio. n'i|ii('--liii;{ iiil'iii'iiiatioii on I'l'ihiin jminls I'dnni'iii'il with iln' I'lii'-st'iil lisliciy in this Colnny, inul til tnnisiiiit ii lopy of ii letter, iIiiIimI tlie L'lltji insliiiil. fmiii Sir KrcijiTiek Mi I 'oy, IHi'eetoi of llio iNiiliKiial .Mnseuin, \vliieli einliiiice;< nil tlie uviiilnlile infoiiniitioM on tlie siiliji'il. I have, (if. (Si.jne.n ll()rKT(»UN. .V/V F. Vil'nii In Mi: Mllilin. ISil, jYiiliniinl MiisiHiii, Milliniinli. Ihlnlnr J(l, IH'.ll, In leplv to your letter ol this ilale, I liii\e the liononi- to ii'|poii as follows :- I. The seal lisliery of Australia was never so e\ten>-ive as iha' of the Xoith I'aeilie, and for nmie jtliiiii tliiity yeais the trade in Australian lin-.>-:ual skins has cnliiely eeasccl, altlioiijih of some extent in ISyiiiicy a litth- hefore that time. L'. In Victoria the nidy fur-seal is the eaicd >eal (Knnlnnn limnn), ilu' si/.e, sha|ie, and lialiits of |«liii'li very nearly reeall tho.se of the Xortii I'a.'ilic. The deelini' or clestrnetion of tln^ li.shery lii nitaiuly attrilmtalile to the indi.seriminale slau';liter of the >cals -.n the few islands otf tlie south liiiibt, e. |iL'(ially ill Western I'ort, where flie old males and ;;iavid I'emahs resorted in the HUiiiiiier Itiiliiiii^ forth unci tend the yonn;,'. At i>resent a few islands only are IVec(iieiileil liy these seals, now ■ ill the lii'eeiiiii<{ season, and the niiiiiiier of individuals is too small to furnish any lradi>, .'!. The fur-seal lisliery was coiuliietnd simply liy inaiiniiij,' a lioat snilahle for landing; on the litiaiiils, the laiidiiii; usually taking' place at ni^^lit and then the seals were killed iiuli.scriminately liy liluliiiiii;; them on the nose with lai>{e Micks. The skills were ehielly exported from Sydney. 4. No measures elfeetive for tlio protection of the fur-seal lisheries have Ueeii nndertakiMi on any lliii;;!' scale hy any of the Australian Colonies, hut some years ai,'o I recoiniiienl;uiil, and altlioin;li the nuinlier hits somewhat incivased in eonse(|nciire, it v. far too small to furni.sli |h tniilc. "i. The Australian fur-seals were never (islied for in the open ocean. li. tienuniUy, the lifo-history of tin! Victorian fur-seal exactly re.semlile.-i thai of tiie North I'aeilie, Ifulliiwiiii,' shoals of tisli in the open ocean, lull eoniinu' on the islands to lueed in the latter part of the IKiumiH'i, 1 have, &e. (Signed) FUKDEIMCK McC'OV, J)!rcrlor of MiiMitm. ,Ui;fi 1 ri 1 iTi i ll! ■','i 1 ■III ]!«! i I! IM lifply to Ciriii/iir rnnntl /rmii the (tureriiiufnt 11/ 'J'lumiiiiin. Mr. Sfal to tlif Chief Stcirtar;/, IhiMvl. Sir, Hoharl, Novnnbii' ;iii, 1S;)| I liiivi' the lionoiii !(• H'lmil. I'm tlic iiil'oiimitioii ol the I'aiinflinn (Jnvcrninent, the foUowiii); ..| iv|ily til till' ciiiciiis laid ilowii in ilu-ir Ciiculm Icttoi •<( llio !t|li .(iily, IS'.tl ; — (,>i(iii/ I. Si-iiliii;; ill Tnsiiiiiliiii iiliil lid (ii'lU'liiloncii'S (iillixist solely niiililicd l<> tlic isliiiiils -I Hii«s SiniitH iiiul llii' Mm.|iiiirir Islniicls, niluatnl to the south of New Zciilami) liiis Iktii cnrruil.J liy tlif Mciils liwiiiv' killcil on sliorc nt tlicii luciMliiiK |iliii('s, iiiid not liy " ]nnsuit nt lui'no on tlic lirnicf jiii'cnt oci'iin." (,>iii'ii/ 2. 'I'lic Mill ll>liciy liii.'* liL'i'ii idiiilin ii'd tiy nii'iins ol' lioiits ol' 4 or ,"1 Ions iciiisicr tittiMwl flliiolij.'Hl llic islands in liiiss Stniils, llii' civw liciiij; ripii|i|i('d with clnl s mid villi's, ihi' si'iils l'fiiij;i,|,',l iijioii the icirks wIhii |irulic alilc, or t'olloxvcd upon thi' shore and elnlplied. Oeciisionally, laiye vesitj I oiiie to llass Siniils liciiii other Colonies, lint the same mode ol' killinj,' is adojited. In the Ma('C|iii^l !sliiiids the same |iliii) of a |iM]ier iiri'i)ared and read hy Jfr. .\lcx;ni;.:j ^lorloH. F.I,.S., one of the Tasmaniiin Commissioners of Fislieries, at a late nuctin;; of t!ie Comini" wliieli will, I think, fully answer the ([nery, as well as j;ive inlerestinfi ]inrlieiilai's of the history if :.j seal lisheries, and hiiliits of the seals, ns far as 'rasiiiania is euneernud. I have, iVe. (Si-ned) MATTllKW SKAL C'/iiiiniifiii (1/ the f'timiiiii"iit>iierif of Fidnii. iinil Niiliii', (A.) The flovernor in Conneil has heen )ileased, in aeeordaiiee with the ]irovisions of setlimi :.| of "Till' Fisheries Act, ISS'.i '' ("i:! Viet,, No. 11), to amend and iiiijirovu of the following la'j,niki!| the Coiiiinissioiu'rs of Fisheries, and jmliliRlied in aeenrduiiri' v. the same liaviiij; been iiiadi section 1:! of the said Aet. Chief Scntonjx Ol/hr, OvI.ler 2(1, KS'.H, I'-y his Kxeelleiiey's coniinaiid, (For Chief Secretarv, aliseiit'), (Signed) ALFIIFI) T. I'lLLINIiH licgvlation. 1. The tiikin,t; of ."eals, whether known liv the name of feals or any other local name, :| Tasmania and its deiieiiileneies, is liereliy |iroliiliile(l for a |.>viod of three years from the liOllniiJ of .Inly, IS'Jl ; and any iierson eommittinf,' any hreaeii of this l{p<{ulntion shall he linlile to a H'n»l not exceedinu' ii/. Aiir.s/Kt/H'r K-'Iracl. (11.) Mr. Morton then siiid that Jlr. A. AV. .S'ott, AI.A., of New South AVnles, was I'tr many yenisjiwl lo his death a ti\i>tie of the Anstialian Mnsenm, and, aetinj; under instruction.s from the New .ShbI ■\Vales (loveiiiiiient, iiuMi''lied a most i(im])ielioi)sive work on the classification and Iinbits of tlic-.-iJ found fiei|iientinj; the Am'ialasiau sliotes, irelndiiij; tlie Mncqunrie Island. Three sjiecies (■! nakJ found in these wnleis : the f;ii'y Austialiiin fur-seal (Air/oirjiholiis rivnr)i.\), the .sea-lefjiaid (">'/< )ii/rri J I ii/niti lij'ti>tJi/.r\ anil the .-^ea eli']iha)it (Morinuio flqihuutitui). The latter is only foiinil un Mii(I|iimI Island, altli(ii;;;h it is .stipposiil at one time to have heen met with in the i.slaiids in 11h~s Sir.iBl Mr. Seott, ill his work, divides the genus Aivlorqihalvs into two main divisions — the nnrllieni liir!til ol eommerre, and the .'^onthern fur-seal of commerce — {Avdocq^halns iirmnis and AirloajihalHi Ft'm laii(licvK). If, as has luen stated liy Mr. Scott, that the fur-seal found on our coast is similiii, if nl identical, with the fur-seal of Alaska, the pro)iosed KcHulations recommended liy this liniinl al iilisolutely necessary for their preservation. ' 150 ns tnkon in t' the »cal* Al till' Fis-lMMit's Kxliil)itit)n, licM nt h>iirf- siiitaliiiiit wiro iiiiiil" to tlio New South Wiih'H (lovcriiiiiciit sonic fiiw y«Mii-s hiuk llmt Hum sciil wan iiiiicliv l«'<'i'i'iii>>-' •'■'''''"'^ The (invpriinicnt issiit-il iiii ordt-r iirotwtin;,' Ihciii 011 the ixIniiilH iiiiil tho liiuiiiliiiiil of Nt'W Soiitli Wall's, tlio result Uuii^ lliiit tlii'y arc now on tlm iiiriciiHi', ami a iiiimlwr may U' sttiii inhaliitiii),' ihn Soal Itocks a lillli! to tliu north of I'ort St 'phi'iiH, III Ntiw South Walt's tho sualiiiK iiadu was in full Nwiii),' from H|0 to 1H20, thu nrins diKiij^cil IkIii' Svdiit'v lirm.t, viz., Messrs. (.'ahh', I/ml, I'mh'rwood ; Itihiy, .' nics, iiihI llirnic; Hook and CiiiiMiliril- tlit'so linns Imd frafts nianiifd hy crows of from twenty o tweiity-ci|,'ht men to each vi'ssil, and were usually fitted out for a twelve montliR' (cruize. (ivvlii" to tiie want of |iro|H'r lestrictioiis, the Indiseriniiiiate slaiiKlittr was terrilije. It is recorded iliiit ill the yciirs ISH-IT), 4((0,0(l(l skins from one island, the .\nii]Kide< Ishind, or, as it is sunietinies I'iilli'd reniiati|H'd, were taken. Tlie.se skins \»-i»<' olitaineii In siicii a hasty manner wei-e Imt iiii|icri'cc!ly ciiivd, and a writer stall's tliat the slii|i " I'e^'iisns " liM.k home KMi.iMio of these in Imlk, ,iiiil nil liei' arrival in I/tndon the skins, havilii; healed during the voya};e, had to he dii<{ out of the hold, ;.ii 1 were ■■'old for ninliuro. Ase;iily IIS lS(ll-2 IVron says ho found Itritish seninnn in llass Straits killing all thai eaine in ilicir wiiv. In tiie yearn lH(i;{ and 18(14 ii)iwards of lUi.OOO skins were sent from tho islands in Itasn Siniits. the sliiii^'hteV U'iii>,' made without regard to sex. Al the |iresont timo in Maci|nario Lshind are only to Ik? found tho sen-ele)iliiinl {Morinuin fUphmi- tlini', vet when .Mac<|uario Islanil was discovered hy 11 .sealer in IHll, the scaliii;,' niiisl(r who discovered it iiicVured a can^'o of H(l,0ilO skins, and another .seiilini; jiarty 100,(l()l) skins, in one year. With such !i reckless killing;, it is no wonder that tiie seals have heeonie scarce round our shores, iiihi iMile-'s .-iteiH are iiiiniediutely taken, it will only lie a iiuestiun of lime when their e.\ternii!iiitioii will Ik- ((ilill'letel. .\Iiiiil; till! sliores of New /ealand, as "ivell as the southern shores of Aiistralin, liiii.'e niiiiilieis of v.il-i were I'imnd. In New Zealand a vessel from llostoii, called liie " (ieiiend (iate.s," hindeil a |>ariy of >i\ iiieii near the south-west cajiu of the Middle I.iland lui the Kith Auj^iist, ISl.'!. In six weeks the iiirlv ^;iit :i,.^ti.'i .skins. For alKiut twenty years ennrnious nunilH'is were ea|itiiied without any respect 1(1 iii;e nr >cx, and ill the year ISM!) only a slraj;!,'ling .seal was occasionally seen alon;,' the shores of New Zcaliiiiil. Tlie American fur-seal had a narrow escajio of .slinrin}{ the lute of its southern kindred. In a |iii|>er iliMliii'j with this subject, a writer <;;ves the following' account : — ■' Kiilv ill this century the .xeiils wero iilmo.U exteriiiinatcd in ninny of the i.slunds in the North I'.iiitir, and were there as ruthlessly slnui;htered ns they were in the I'.ass Straits and the New Xealaml ,1.1-1. Tiie exlcniiiliation was, as it were, commenced, had not liussia lirst and the I'liited .*- l.^^iid tn ,"ll,(MMi scal-skiiis annually. From 1S21 to ISH'.i, 708,5112 fur-seals were killed, nnd ;'.7l',.S'.I4 from l.s4.'i III ISiJi'. From another authority, Mr. llittell, 1 find tlint when the I'liited States' (!oveninient t.iiik liiKHcssiou of tho islnnds in 18ti7 several jSmericnii tirms took possession, an I the wholesale ^laiijlitcr of seals began afre.sli. In 18G8 not less than 200,000 seals were killed, and for ISiiO it is .>iiiil ilie number was not far below 300,000. The Uiiiteil States' (iovernmeni, fearing their total I xliiKliiiii, leased tho Solo right of sonl-fishing on these islands to one lirm. restricting the allowed iimiil«'r til 100,000. From wliat he liiul lieen able to lay before tho Fisheries Hoard, no time should be lust ill at once taking stops to protect tho soal tisheries in llass Straits. Wherever projier lestiiction lias lieni introduced n most valuable industry 1ms been startled in connection with the si'iil industry, anil, instead of the three years, ns lins In^en ]iroposed by this lioaixl, ho strongly recommended live yeais fiiv llic close sen.sun, and if nt that time the seals have inerea.sod the Government might be recommended t(i lease the islands, nllowiug only a certain number to be taken annually, and on no account to allow tlie females to be killed. In New Ztnlniid, from tho year 18,"i,"i, the statistics of the oximrt of seal-skins .show : — In I8.">r», from Wellington, f)80 skins were exported; in 18.'i7, 370. Fmin thcniiiilil l8('iS there is nil rmird. Then, in 1868, G7.") ; ]8l!ll, 14; 1870, l>(i'.); 1871, 7r)ri ; 1872,2,012; 187;!. 1,002 ; IS74, l.ni'il; 187"!, 2,7G7; 1870, 3,417; 1877, 1,503; 1878, 820; 1870, 2,484: I88O, 2,ti4S; 1881, 1,25'J; 1S82,:),VI; 1883, juV; 1884,374. rriifes-sor J. II. Middluton .states that the annual value of the fur-seal tisheries of the world is alidiit lK5,(iii(i/. The mnle seal does not attain his full size till ho is about (i yenrs old, ai:d the female \iiii'iislK' is about 4. There is, says Mr. J. (.'larke, in n paper printed in the " (.,'oiitem]iorary lieview," a iiMiiaikalile disparity of size and build lietwoon them. In a sjiecies where the mnle would lie 7 feet or N firt in length, nnc weigh 5UU lbs. or 700 lbs., tho female would nut be mure than 4 feet long, and [305J Y !'l wi ll'U 10) till 'i \(i I ■* jUl tllKI umillUHIH I', iiiit niiuil' in-iiij; Mtjiii i-M iM in. in II. .-'I- ... Ilu (liiiil^'lit the (tiiVfi'iimoiit nIiiiiiM Ht<>|> ill imw, iim tlin m'iilii|..{ illilllNlry ini){lit prove II \iiluil|,. wmrc') i>f ri'vciiiic to llic ('olmi)' in tlio fiitiirt-. Vineoiint A'inniiiJ In Ilu Miir,/iiii of Suliilniii/. -[Hitrinil Ihitutfti' I."' ) yi. Ii' Miininix, Lf/iolinn nj' •/n/Htu, huufmi, /*•<•(•;«/••(• 14. I.S'.il I Imvt' tlio luiiioiif to inform voiir Kxi'i'lli'iicv tliiil, iit tin- ii'i|ii»''t iinp rtaiit ]ii'iHliiet8 of Ifokkiiiilo. They are foiiml in .-very ]M.rt of tin' Kiiiiie Ki'oup, from Shim.shn in flu- north to Shikotan an.i Kiiiiitxliir ill the south ; t'riip and Itrii)> hein^' their favoiiritu liaiintH. Altlioiij^h the history of tho orijjin of neid-hiintiDK eaiinot \n> acciinitely Inieed, it ajipears l!i:,t nlKiut 17(* yeais ii>;o a few natives of Akishi, in Kiishii-o, eini;,Tated to ShilH-toro, in Itiiip, iui.l (K'tnipiod themselves in InintiiiK seals, ea-jles, liein-s, &i:, which tlity linmnht luick to Akishi cver\ vwr when the sea was iree from iee faft*'r Ajiril and May), in order to Iwiter tlieiii for riee ainf ntlut liecessarieH of life ; while llie iiali\"s of Akishi visited this new Colony for the exuhaii'.'e of tlicse eomuKKlities. In the oonrse of time the emi){miits iiieifii-stHl hy dejjrees, settling' down in siieh jilaccs m TcMhiniri, Hiniislii, in that island, and iHM-anie hiinteni of seals and other sea aiiimnls in the iiei;;lilii'ur- hlKMl. In 17<>t) (alwut I'JO years iipi) seal fishery lieeanie very pivsiicrons, nnd the liatives of ISi.sluia. .is well as the old islanders of Itnip, carried on their htiniing husiness in the Isles of Horoiiuishir, Makaniru, Shiinsir, I'rup, &v. In the same year the Ku.ssians first made their appearance in the Islands of I'ashna and Mumi. In the followiiij; year they came to Itriip, nnd havinj; obtained information olKiiit the liM-alities tioni lli.' natives, they went tt> the Island of Tnip, where they stayed for three years. I)nriii>; their sojmmi there Miey treated the natives in a very cruel manner, and provoked their ({real aiiyer. Hut the iiiitivM lieiiijj |xi\verles8 to resist their ojipres.sors, their ('hief at last fled from the island. In the summer of 1770, while the natives of Itriip, with their Chief, were huntin<; in the Islimlif I'rup, the IJussians eame there and ordered them to ship all their catch to Kiissiu, ami, on ihur refusal, their two Chiefs were killed U\ the Itussians. In the same year, while the Chief of Itashua, to}?ether with a host of natives, were himliii" in Urup, the l{u.Hsians ajiain made their ap|H'an»nee, and seizees was niiaised to such a pitt^h by the Kussian outraj»e8 that they lesnlvcil to avenge themselves, and in 1771 they gatheivd in great numliers, each carrying some weajioii, ;ii;il attacked the Itussians in Urup, killing eight of thti:! ; and thence from the western coast thev piis,«(Hl over tho iiionntaias to Wauino, where they attacked some liiissians who were living in caves. Onlr seven of the Hussians escaped slanghter. From that place the natives saileil to Mnkarusi, wliert> ilnv also slaughtered seventeen IJussians. At that time the chief iustrunientA used hy the natives for killing aeals wen tba bow ui'i !urp;os, while the Rtissians used guns. After this defeat the Kussians did not come for a long time. During the years of the Anyei period (1772-80j the natives of Urup were constantly cruizin" an.i liunting rotind Urup and its neighliouring islands, and this i)revented the Itussians from catchiiii''^s('alj so freely, although now and then they niaile their a])|)carance. Hut towarda the end of the "viivei (leriod they came in a great nember, and made a gtxxl catch. In the years of Teun:ei (1781-88), as the natives ceased to hunt for seals, all the islands of the Kuriles except Itrup were monopolixed hy the Russians. '•swrr Jlb^: Ml III IT!).') (tnvi'niini'Mt niiiHi-il mhiip tliirty iiii'Ii iiihI woinon to niiii^nito tn Itnip, nml tlirru \vi>m ,.,hhI liilrlii'" iiin'l''' N'''* "'■"■ ''"'" '''"' "•"'''• III iHiiii Tiikiitiivii KitlK'. II iiiitivc iif Asviiji, I'liii^i-nii'il In !tiii|i, nml tlii-rc fiii|i| viii^r (liii nntivpn .|,lllci| II jifllli'lllc'lll f"r "nll-lllllllill^ mill I'llllT lnlllTir". Ill till' yi'iii'M i !'"■ I ^ll" nl' lice, Wilirll WIH llll' .slillllllllll nl' liiMllT ; mill lliiii' "I'lii sirii't |M'lnil li';,'iilaliniis ii;;.iiiist siiiii!,'.;li'i'< III llu' vi'.iiM nf Krin ( IH(i.">-i'i7' llii' liiissimi ( Ini i niiin'iit *ru\ Alii'*kmi iintivc-* In I'li,)!, mnl tiit! Ilii^.jmi lisliilij; Hi'ltli'liii'lil lii'niiiii' iiiuii' iiihI nmri' |i|nt|.cinii«. Srilskilis Willi II M| illl |irni|l|(| nf ,hl|will, iilhl frnlll oliK'II lilllr:4 lIli'V Wi'fl' IraiHlinllfil In X.i.'l-nki, wlirir lIli'V Wi'li" cnlil In tlic ( 'liilliMi'. Ill iiiiiili'i'ii liiiiiii ficiils mill nllirr Mi'ii miiiii.iN, miii' fmnniM |iriKiiii'|s nf .la|iiiii, lu'iii'.' niiHlly rmij'lit I. V till- Itn-Hiiin IiiuiiIm, iin; imw Innknl nii us Itiiysimi |ii'i> wlicii " Kiiitiikiislii " (I 'nlniii/atinii I)i']im'tiii('iil) was newly <'sta'i>liHlii'il, its lil.ilM'll nllii'i' wil.S srI llji ill till' Islailii nf llliip, ami smili' nlliriaU Were si-lll in nlijiT In clicik fnriHjJII piiirlii'is. ami Hii|H>i'iiiti>i',il IL' tisliiii^' iniliislry. As In i|ii> iniHliMir liuyiii^ skins, I lie nlil i'i';;iilal inns Hiiv ihliipli'ii, liiit nn iii'i'i'inil nf III!' nlil ral.! nf rxrlian;,'!' at I slin nf rii'i" at (I'lti sen liciiii; niii nfdatc, till' ijilii'iiis iiiriurcil niiirli Inss. In April h^T'l tlir nMli'ial i'ati> was iiii-.t'ii In lUS sni |icr I slin. Ill .liiiii- nf tin' smiK! year fnr Ihc lir.sl linif a spi-ial nl'ii-o w ■ ilalilislii'il in Itrup, wlmsi' iliity it was In siip|iii'ss Ri'al-pnarliiiii,', mill Cniiiiiiissinni'is vscic Mi'iit lliri'i . f'l Aii;,'iist instniiiinns wurii .,-iMMi In tlii'si' ('niiiiiiissiniH'rs tn ki'cp xlrii't vinilmicc as In pniii'liiii^'-vi'^-i s nf fnri'iyii I niintrii's nil I tlni iiiilawl'iil sale nf sealx in lliu vicinity nf tlic island. As simU iiKHlly cnnfjrt'nalcd in tlic hcii.s m-i^'lilinniiiii; to limp, tlii' inn'.css nf fnri'i;,'n vcssids to lliiise wains, lint niily liiissimi, liiit Ills i Itiitisli, .Viiicriran, IM' I .., iind m.icr rniiiitiir.s, iiniiasod year alter yiMi'. and nftenlinu's these vessels used tn aiielmr in the leinlilionriii',' liarlmirs. ill such ases the Cii'innissiniiers infni'iiied llieiii nrtli,- nutiniial prnlnliilinii.miil rei|iies!ed tlioin to liMve, 1 I .11 'it sileh pretexl.s ns ship's ie|iairs, nr want nf walev aii ' fuel, they di'l and nnrea.sonahlo ailiipii nil the part of fnreii»n ve.s.sels was of freipieiit occurrence. All these Inreinn iMtncliini{-vessels lieinnof a iniieli innre inijirnvcd ly|>o timii tliu ordinary JnpanHSu li-liiiiulinats, it wiw very dilliciill to wiiteli their iiinveiiieiils in the hi'^di seas, and, as aliniit seven- li'iillis nf the island was nninlmhited, tishinn eslahlishnieiits in the wlmle island lieiii',- very few, it wns ii.i weiiilcr liiat watch cniild iinl lie I'tl'ectivcly kept hy a few CniuniissioliurH with nnly twn nr three lisliiii'.'-hnats In crni/e with. I'liilcr these tjicnnistniiees, in cnnsnltatinii with the Navy department, twn ships nf war wcru iMiniiii.ssi'iiieil, and one of thesis two was sttilinncil at the port of Neiimro, one replacini; the other in iiltcriiatc years, nml they were onlercd to criii/.e rnund the Kurilc f;rnup ii. nr.ler to watch tliu poacliers. Itesiiles, the " Kioriomnru," of Knitakushi, was sent to Itrii]) every year frniii May In ( tettilxT (• nr nny violent resistance he olFered liy tliciii at the time of such nrrest, necessary force inny he ciuplnsed to carry oiit the foregoing llegii- iiltinll.*. " 3. Inasmuch ns there may be some foreign vessels arriving iu l.arliour in cunsequeiicc of stres.) of L3l5] • 1 th: is c(,ail to 0108$ peck. Y 2 im jii I •m I \ :« I ti Ji i ^li 102 weatlicr or want of wnti-r nr lufl, a oarel'iil scrutiny si nil le iiinilo iis to the true cir'ninislniiccs. iiiul. njion ascortaiiiin}; tlieir ^;oo(l faith, they shall Ik^ treated i'l aeconlanee with the ' ItiKulalions fur Assis. tanee to Foreif,'n Vessels in Kistress.' Anil if His Imperial Majesty's snhjeets he found ]ioaehin^', ihijf Kshin^' a)>|iarutus and eatches shall he eonnseated aceiirdin;; to the e.xistinir Ite^'ulalioiis, and they sliiill lie delivered to the hraneh otli( e at Xenniro, there to he properly dealt with," Ae. The ■ Kixrioniaru " and " (ieMluiniaiu," helonjfin;,' to Kaitakushi, liavin<; on lioard inlcriiretci^uii.l Seal Fishery Superintending,' Coniinissioners, were orileied to er'.iize in the vicinity of Itrii]i to wiiul' any foreign poa<'hinj;-vessels. ]n the same month there was a jmiirjxiili r with M. lienlili [:'], master of a Danish pouehinLj-vi'ss.! tiie "Matti'e" [t\. In dune, when the '' Kioriomaru " was criii/.ing hack, she met with six Amerienn vessels, and lim. were variiais interviews respeetinj; theiu. In duly His Inijierial .Majesty's ships "Hoshio" and "t>saka" were sent over, and the " Kidi;,. innrn" a;:niM sailed to tlie islands. In AiiL;nst an American ship "Snowdrop" was found at Tankani l!ay,and some investij^atiiiM «;(< made. Five i'ureiu'n vessels at (>unehetsu Hay were also silhjected to investigation. Iiul these imc milv iv few vessels out of many which were not broui^ht under iiotici;. To ilhistrate the cunninj; of haeijjn poachers, tliev, all of them, would enter and anchor in harldiii-, pretendinf; that they had come under stress of weather or for want of water or fuel, fjoinj; out of mi,. port in the nioniiri!,' and eiiteiing another in the evening, their movements lieing .so alert that it \y;\^.\ m.'itter of no wonder that a single watch-ship wius \inahle to keep them under observation. Hat, on ih.. whole, tlie Island of Itrup was found iinfavtmrable for the purpose of promoting our tisheries ainl i.i watching for foreign jioaehers. The climate is very inclement ; tluring summer months there is tliiiM. fog, and when the autumn apjiroaehes the fog begins to lift, but only to be succeeded liy a violent nrntli- westeily gale, causing a heavy .sea. And there is no good ImrlHiur. Thus the nnvigaticii in these wains is very ditlicult, ('onsci|uenlly, in the same month, the statioinng of the " Kioriomaru " at that ishnul was iliscmi. tiiuied, and she was ordered to crui/e between N'emuro aiul Hakodate twice every month ; the snil- hunting alfairs were left to the control of the brunch odice at Xeniuro; and three branches ol' iIk superintending cilice were established in the islands at Ounebetsu, Xanneho, Toshimori, where i 'niii. missioners were sent resjiectively with tiiree boats, four boatmen for each boat. As to the mode of hunting, the natives used to shoot seals with Ihjws and arrows while rcstin:; upon reefs or rocks. In winter, when the sen is Iro/.en over, they simply oha.sed them over the ice iiinl killed tiiem with clul).«, or they used to go in a boat made of the skins of .sea-honse and whale-hi.ii|.s, wearing a kind of waterjiroof made of the blnd. knowing this liy long (experience, aiit^tained from \ising guns, but at the jiresent time, as all forcigiiors jioach with gims, our mode of hunting was also obligeil to be similarly changed. In April ISTo, at lierctarubctsu, near Shibetoro, ltrui>, a Itussian boat w.as found anchoicd, and \\< master, with three liussiaus and three Japanese, were seen constructing a hut on the const. 'J'hcy \vc!i. con.secpicM'ly warned olf liy the t'omniissioners. Again, an information was given to the Conmii.ssioners that at Moroco, in the same county, ili.> Americans Hainion dean [>.] and three others built houses, nnd were carrying on poaching business sinro October of the |ireeeding year. They were coiiseipiently arrested am! sent to Hakodate, and deli\i'n'4 to the hands of the I'nited States' Consul. In June of the same year His Imperial Majesty's ship "Asama" entered into the port nf Ncniuro as a guard-ship, ami cruized about the Kurile grouj) nnd along the coa«t of Kitaini. In Septemlier the "Asama" returned, and the "Kioriomaru" and "(lenbumani" set out fur .1 cruize round Itruj). In December n schooner, built at Murorau for seal-hunting, wos completed ond sent to the putt uf Nemiiro. This schojner was named the " Chishiiaumaru." The IJegulaiions for controlling seal fisheries which were issued some years ago, after considtiitimi with the Foreign Ollice, had to be amended, owing to the territorial boundaries being definitely niaike'l out, coiisefpieiit u])oii the exchange of the Kuriles (with Itussin) having been jffeeted in Septcnik-r, 18.74. L'onse(iuently, in A]iril 1870, new Kegnlations for controlling the fisheries iu Hokkaido, consisting of three clauses, were issued. The first clnu.se jn-ohibited any foreign vessels from fishing with any line, net, guns, Ac, any lisiiot sen oinmal within thi; range of n gun-shot from the coast of Hokkaido or of other islands lielongin<,' t" the Empire of Japan. The second ilause decreeil that the otiiciuls appointed under the Kcgulatioiis for controllin;; fisheries in the territorial waters of Jnimn shall ortler to clear out of the boundary any foreign ve.ssi'l 163 viliicli is sitsjiPotiMl tif infiiiiKin',' upon tlii" iniiliiliitioii iiiciitioiieJ in tlio first clause, or if such vessel i« tlMiii"lit li' I'livi' iiliiiiily inlVinficil tlie )iriiliiliiticrial Majesty's ship "Moshun ' cruiiied alwut the I.sland of Itrup in search of iKiarlu'r.'!. Ill .Viiuiist, in coiisidenition of the diligence and hard.ships of the su])eriiif€mling officials of Itrup ii ili^iiiis for killiii<{ seiils liiiviii^ <,'riuliiiilly iiicreiised, tlic IVi;,'litL'iii'i| s-al, c%ap('d into distant jilacuR, and bepin to tloi'k nlx>iit tliu omst-lines and near .sua.s nt' tliu ls|;ii|,| „. Kunasliir, whom liuman liein^s wero niost seldom found. C'oiisei|uently, linntin^' (|uancw «,.,, establislied in the island, liuntiii<{ apparatuses newly su]>|died, snpcrintendin<{ otHcta-s were .scut iin.i hunters eni,'nged, and tlie huntin<{ business was started nfresli. Hut here, ana'"> l>eoi>le came ainl \\)i,,\ their huntin<; quarters, and tiie airival and dj)iarlure of l)i)ats l)ecaMie freipient. The decrease (.f m,], naturally followed, and foi-eifju ])oachers also disapjieniwl. In June lS7'.t a huntin,i( depot was built at liiribush, in the county of Fiirubetsu, Itrup. In May 1880 His Iin|ierial Majesty's Counul at .Sun Francisco rejiorted that a sdiooiier iiml !,■; that ]iurt lor the pur|H)$e of .seal-hunting in the neighbDuring .seas of Itru]i. (.)n observing the geneiid asjiect at this time, and com]Hiring it with former years, the mniiliii.j seals caught was found to be on the dcciease, and it is evident as a nuitter of cour.se tluit tlu; iiiinc iii,v are killed the fewer will lie bred ; while, year after year, increased influx of foreign ]inachers iiiiii|„.i,. in the fishing, there being no means of checking theiu outside the line of territorial limit tixed by im,;. national law. Hesides, as the foreigners did not in the least cave about the decrease of brecdiii',' m li, exterminati(Ui of the species, they freely u.sed their guns in hunting, and, ai the residt, they killi(| ||„ greatest nundier. Thus we were also oliliged to threw aside the old instruments, sui,.|: •while letting others make the greatest gain. Thus the use of guns is the main cause of the \i\v<,r decrease. In February 1882, after Kaitakushi was alwlLshed, seal fishery afliiirs were trnnsferrcd in ii, Agricultural and Coninieifial l)e]tartment, together with the superintending otliccrs, fishing iiii|,!,. I nients, and everything connected with the fisheries. I-'rom this time the fishing was carried mi lull, authority of the alwve-nientioned I)ei)nrtment until 1SH7. And, in ISS'.i, the "Dainippou .' fi.xed to the mast, or other conspicuous part of the boat, a ccrtiiia >i;:, specially provided for such hunting boats. "Art. ;'. Any jjer.son wishing to sell raw hides of seals or sea-otters shall liist prc^^ent iiiul li;i\ them stamped (branding stamps can be used) by the proper oflicers at the branch office mcntioiicil i; Article 2. No hides without this official stamp shall be allowed to he sold. " Art. 4. If any i)erson who has imi>orted into any (lort of the Kmpirc, or anchored in aiiv pi; having on board raw hides of seals or sei-otters, or had .sold or is going to .sell these hides in a iniiiki; be lound out, the Cuistoms authorities or the jiolice oflicers shall .seize the aitides, and shall at iii jiiitsecute the offender: previdcd that the raw liides of seals or sea-otters caught within the Icriiloi;;- of IJussia or the United (States of America, with due permission of the resiicctive Governments, run 1 im])oned into theEu;pire upon the owner or the captain of the ship producing the certificate given iLr;;; by the proper authority of their Government or the guaranteeing certificate of the Iiu.ssiau it i!> l.'nitvii States' Consuls residing in the Empire." 165 • /,',/)»/■/ mjardimj the Heiisioii of the Ddiilfs of Procediiir to carry out the licgulations controlling tite Seal anil Sai-utttr Huntiiuj, K.xi'elli'iK'y Knoiiintto Tiikeaki, iiistcr 1)1' Agriculture nnJ Commerce, itc. " llokkuido ChO, Jiili/ 10, 21«< year o/ .Vti/'i ( 1 888). have the honour to inform your Kxcellency ilmt thu detiiils of jirocedurt! to carry out the ions coiitroUin},' seiil anil seii-otUT hnniin<; per notiKcation No. Ko. 15 of Hokkaido Clio (December) Mciji (188C) have Inie:; revised, as shown in the inclosed copy of Ciiorei No. ."to, dated ;iv of the current year. " I have, &c. (Signed) "NAGAYAMA TAKESHIllO, " Director of Hokkaido ChO.'' ■•TmIiIs Mi '■ Sir. "1 l;,;;illiil r.iiii or imh .Mi " indosure. •■ JkttiUs nf Procedure to carry out the Jiei/ulatioiut controUiny the Seal and Sea-otter Iluntiay. ".Vrticlo 1. The o]X!n season for seal and .sea-otter hunting shall Ije from the 15th April to the Isist llftohcr in each year. " Alt. -. The area of hunting shall lie all the islands situated eastwaixl of Itrup, and southwanl of |siiiiii' ih;c 1H77 1H7H 1879 lt>RI) IS8I li'82 1HH3 1H84 IS8:. 1881! ls^7 IH88 1^8fl 1891) 28fl 78 ., 2:>a ,, 28) ' .Ml ,. ; 270 ,, 211 ,, I 1.17 , , 77 ,, 82 ,, .1 , , 53 , , 31 , , 99 ' ' h ■33 47 3SI MciiiitrdUihi lit I'l.tjii'illiii/ ./iijiiiiir>.r Siil J''i.sliii'ii'<- 1 — Will 'III r ///>• Dviliiii- III- Dislrin/iiin nf tin' Fi.^hi'iif is otliilnilnhli- lo tin' Sluiii/Iili r nf llu- S'mln i'-Iill,„, S/mir lit lliiif JJirriliiiii-ji'iicfi, iir In l/iiir Piii'Kiiit nl Imyr on tin' limnii/dirnt Ore ni. 1. 'J'lic only kiiDWii ronkfiii's or liaiiliiij; uriniiiils of tlic I'lir-senl •.vitliiii .Ia|i:iiii'si' (liimiiiinn, ;,r;. tlio fullowiiiij;: — Sri'cliioi li'iiiks (dir I'slii.sliia). Jiiiikiikt- Isliiiid. Jltisliiii I'luks. Tlu' llrst cif tlii'sc ' iiliiiu' t;iMiiii(ls, nil nl' uliicli iiiv .-iliiiitcil 111 tlic Kiirilcs, is only soihl' Ion vaiik loiifi liy till ynuU \viili', and tlic otlii'is ari' iml iniicli lin\!,rr ; Imt lU llio tinii' of tlii'ir ilisi'iivery in |s,'-;i tlu'V niiisl liavi' ImrliiinriMl imniiaily smni' LMi.liliK or '.'."i.iidil IVr-si'al.i ; ."i,0(IM wcri' actually taken tliiT? by one Vessel in the year iiieiitioneil. Sine" llicn tlicy liave iiiiiilnally ilci'lineil in iiroilnctivcness, auj it may iic said tliul at llie jirescnt time 'ney \ icM catelics nl' only ii lew .semes in the plm •• i.[ tlionsanils. 'I'lierc can lie no doiilit tlial tliis resalt is exclusively due to tlie iMiliscrilninale .slaii,^'liliT ul' i1h' seals at tlieir lireedini,' |ilare. Xo " lookeiy '' uonld withstand for many years snili wIhiIi.siIi ilestr ictiiiii as these were e\]ioscil lo in eiinsciiiiencc of the sneicssl'iil vcntnrc of ISSl. Xor i> tlirif 1 any o her way of acuonntiiii,' for their depletion, for it is kr.own that the two or throe l'orei;.;M srol.r' which now tind it worth their while to (>i|nip nt Yokohama do nol en,i,'ai;e in pida,L;ie sciliii;, but ]iriieeeil to the inore extensive liannts of their i|iiaiiy heyonil .lapanese waters, surl. ;i- lioblieii. Iiehrilii,', and ('o|iper Islands, where they hope ti eliiih^ ihe vigilaiifc of the liiissian i,M:ini VL'.SSL'ls. Lnri^'e numbers of seal fioni the liiissian " rookerie-i " are sraitcred every winter over tiie wvaii lyin.L; oil' the north-east coast of ,Ia]ian, Ini' hey are \inmolested by forcif,'ii or native sealin,j;-VL's inclusive. After IM.") their numlier.s grai ilunlK owing to the dejiletiun of thu Japanese lisliory and the groutor risk ami uncertainty attending a cni to more nortlieriy waters. lit- liMt yiink vv iii'l.ssi ikt'ii llii'tv I vciicss, ;n;ii I 10 lll'.ll'.' I'l lili-r iiI'iIfI wlidlisi' nr i< tins I S, SUl'l. !.' sum '_'l;ipl I •I- ihi' iirvja iliii^'-vi'S^d.-, Niiniliii nivi '.,i,v!,h/ Kmilr.: iiri' I ly iwii liitol ,-C!U-, liUt tll( Ijr t,i |ij;llIVi I ; Vt'SSrU Itll I ill' Imriliu'.' Uy (hviiulli'ii. dill.' a (Tiiiic I 167 It ia stated by the Japanese Agricultnral Department that " the Air-seal appears to be reared on the rocky coasts, and, in consequence, they are generally caught while swimming at a distsnoe not more than 1 nautical mile from the coast." It may be that a few are so taken about the Kuriles, but the fishery — now almost extinct— nf those islands was carried on, in the years of its prosperity, entirely by clubWng the animals on the beach. 3,— ly^helher any, and, %f any, whoA Measure* have been taken towards the Protection of the Fur'Sial Fisherm, nnd, further, if any nuih Measures are known to have proved success/id in preserving or reliabilitalimj the Fisheries. 3. Tlie measures tardily taken by the Japanese Government in 1884 to protect the Kurile rookeries have remained entirely inoperative. Elaborate Regulations were framed in tha'' year and in 1886, establishing a close season between the 1st November and the 15th April, and dividing the Kiiriies into three groups, in only one of which was fishing to be allowed in any one year, and then only on the issue of a licence by the authority constituted for the purpose. There is no means of enforcing these Regulations, which, indeed, were not devised until after the niin of the hauling grounds had been effected. A Japanese guard-ship was told off this year to watch over their oliservance, but she never left her station at Xeniuro, and, except the Japanese " Marine I'nKhicts Company," now rapidly approaching bankruptcy, no one dreams of applying for the regulation licence, or of limiting his operations to the group in which the fishery is legally permissible. But, aa stated above, the Kuriles no longer attract the seal fishermen to any extent worth mentioning. Tiie Japanese Itegulations in question have no bearing on pelagic scaling, which, as already sliitcd, is not engaged in by Japanese or foreign sealing-vessels. \.—OentraUy, any Particulars as to the Life-hidory of the Animal, its Migration, Season of hringing forth its Young, and Habits of the Seals while engaged in sucMing and rearing the Young. 4. Tlie vast bulk of the seals now found in Japanese waters, and more especially in tliat portion of the ocean extending eastwards from the coast between Inabosaki and the eastern point of Yezo are from the Kussian breeding grounds in the Behring Sea and in the Sea of Okhotsk. They follow the fish southwards about the oeginning of November, and remain scattered over a laij,'e expanse of ocean, where they are quite unmolested, throughout the winter and spring months. It is u matter of some surprise that no attempt is made to take them in the open sea, as is done on such a liirge scale in the case of the seals resorting to tlie breeding grounds of the eastern portion of Ik'hrin^' Sen. Possibly they scatter more in the Western Pacific, and are less easy to find. Al'ler their sojourn in the south, the first to repair to the northern rookeries are the old bulls, arriving (ibont the middle of .Tune. They await tha cows, which follow them towaixls the end of the I same iiiunth. Yearlings and other non-breeding seals arrive at any time later. The young are brought ; fortii in the lieginning of July. It is sometimes stated that the females are in the habit of leaving the rookeries to catcli fish i within lU or 20 miles of the shore for the support of their young, but the experienced authority on whose remarks these notes are founded is not of this opinion. He Las never found food inside the 1 female fur-seal taken on the hauling grounds. (Signed) M. DE BUNSEN, JTer Majesty's Secrctarv of Legation. TokiO. November 19, 1891. Mr. Wyndham to the Marquis of Salisbury. — {Beceived Noveiiiber 21.) ■ (No. 107. Commercial.) 1 My Lord, Rio de Janeiro, October 27, 1891. Witii reference to your Lordship's Circular despatch No. 30 of the 10th August last, and to my ipat li No. 114 of the 25th September, on the subject of the fur-seal fisheries of the Southern I Hemisphere, I have the honour to traiismit herewith to your Lordship copy of a despatch which I have received from Her Majesty's Consul at Rio Orando do Sul, in which he states that, having made inquirie.s in both States of his Consular district, he finds that no expeditions am sent thence to the iisheries, nnd that nothing is known about the conditions under which the fisheries are carried out, or I the iiubits of the seal itself. (Signed) ' HUGH WYNDHAM. Consul Heamt to Mr. Wyndham. I Sir, Rio Grande do Sul, October 14, 1891. With reference to your despatch of the 9th Se^tembnr last i-especting certain information with regard to the fur-seal fisheries of the 'Southern Hemisphere, I have the ^onoui to inform you that I [306J Z f" >t 1 1 fi 'I mmm. Ill « it 168 have made inquiries in both States in this Consular district, and find that no expeditions urn wnt hence to the fisheries, nor is anything known about the conditions under which fisheries aiii utrried out, or the habits of the seal itself, 1 littve, &v. (8ignerd8hip tlmt I have received ii note from the Minister of Forei>,'n Affaii-s, in reply to my njijiiwi for the information desired, in which he states, on the antliority of the Minister of Marine, tlmt seal- fishing is unknown in Bmzilinn tt<-ritorial waters, that no laws i-especting the same exist in Brnxil, and that hitherto no vessel engaged in this tnide has to\icheelievo there is an extensive industry in the seal fishery oH" Mahlonado, m^ir Monte Video, and, in fact, I well rcmemlier, twenty-five years or so ago, that tliaso coiicenied in the fishery f,'iavelT petitioned the Government that the lighthouse nt Mnlaoniido sliould lie closed, as the light apju'iiii'd to alarm the seals. i liavc, &i'. (Signed) V. I'AKENHAM. Mr. Pake)iluim to Seilor C'vuta. M. le Ministre, Rmiios Ayrcs, Septemhti- 12, 1891. I have the honour to place in your Excellency's hands a copy of a Circular issued by the 1 Jeiwn- nient of Fisheries of the Dominion of Canada, and which Lord Salisbury has directed me to lay Ix-t'oie the Argentine Government, with the request that, if it is possible, they will kindly funiisli I information therein asked, which is to the effect that fcai-s being now seriously entertained a.s to the total destruction of the fur-seal, or scn-l)cnr, a series of i|\i(>ries 1ms been issued on this intcrostins! \ subject with a view to their protection. I have therefore the honour to request that your Excellency will kindly cause steps to be taken to obtain the desired information as to the pursuit, ca^iure, or preservation of these valuable animals in Argentine waters for transmission to the ( Sovernor-Geneml of the Dominion. I avail, Ac. (Signed) F. I'AKENHAJr. SefUn' Zehallos to Mr. PakeiUMm. (Translation.) Seilor Ministro, Buenos Ayres, December 14, 1801. In reply to your note addressed to my distinguished predecessor on the 12th September last, I have the honour to inform your Excellency that the taking of seals, as also the working for prolit (" exploitacion ") of any natural product of the south coasts, is prohibited by law, and for a loii}; time this has been the case with this branch of national industry. Further, from what I can judge of tlie case, I am able to tell your Excellency that the Kxeeutive Power has asked Congress for authority to concede some fishing concessions to certain persons, who will ■ be obliged to supply the necessary information for the publicatinn of the projects presented to llie j [.legislative Body. I avail, &c. (Signed) F^TANISLAO ZEBALLOS ■5^ .VfviurtmdmH tm the Seu/ Fishcn/ in frwjunij, hi/ Mr. £rne»t Satoiv. Tliu seal tisliory in the Ilopublic of Uiniguuy k CHrricd on nt three uoints on the Atlantic coast, uiuiiely, Lolios Island, at the entrance to the Itin do la Plata, nt the (JoBtilfos Islands f\irther north, and lit Coroiiillit towip. near tho Jimzilian frontier. Two kinds of seals are known there, namely, the fur-Beal, and the ojuinion sinKle-liair seal. The iiiiiio of thit latter siwcies is large, and of it dark brown uolour, while tho female is much smaller, and of II yellow colour. At 1^)1)08 Island there is nn establishment for steaming down the oil and salting the skins, besides huts for the nccommodation of the sealers who live there during the killing season. At the highest point of the island is a large " corral," or inclosure, capable of holding several thousand ..sis. When not engaged in killing, the sealers remain in the vicinitv of their huts, but when the ' gnperintendent sees a favourable opportunity, which happens usually during cold winds from the south- ' east, in consequence of the seals coming high up out of the water, he sends the men down to intercept i them, nnd by making loud noises to drive them into the. corral Then, as convenience suits, a certain Dumlict of seals nre let out by a door on the opposite side to that by which they entered, and driven to the killing ground, where they are quickly dispatched by a blow with a clnb. The establishment for ; the Cnatillos Islands is nt I'olonia, on the mainland, whence the sealers procee. Let this be communicated, published, and deposited in the public archives. (Signed) LATOERE. (Countersigned) JvKH A. Vasquez. Monte Video, May 13, 1874. 1 "il ij i i< i1 ill m [305] A 2 iPPiPSPSPSS^I^^^^Sn^Si^^ It;: 1 t.. T5 ( no ) APPENDIX (C). Various Lrrreita and Communioatiomb rkijitiho to thk Fuk-Sealm or tiik Bbitith Columbian AND NUOHBOUBINO COASTS. Qualions addraud to Dutritt Indian Agents on the Coast of British Columbia. [These questions, premred by Dr. Dawson, were kindly forwarded by Mr. A. W. Vowell, SuiMirintgi,. dent of Indian Afloirs in British Columbia, to the three Coast Agencies, in the summer of 1891] 1. Are fur-seak fuuiid or hunted by Indians in any part of your district ? If so, at what mmu are they found in greatest numbers, and about what dates are they first and last seen each year I 2. Are fur-seals known to give birth to their young on or about any part of the coast in yoot district, and, if so, at what placet aud in wlut seasons ? If young pups are observed, please state whether the Indians know their mode of birth, u, whether bom on snore or at sea. 3. Do any of the Indians in your district know of breeding places formerly resorted to by tin fur-seal, or do they remember to have heard tliat such breeding places formerly existed 7 4. Have tlie fnr-seals been more or less abundant on the coast within the past few years ? fn/ormaiion received in reply to the foregoing QtuitioM. Sir, IVett Coait Indian Agency, Nanaimo, Jviy 30, 1891, In answer to Circular of the 20th July, received from India Office, I have the honour to state that fur-seals ai« hunted by the Indians on the west coast, and are found in great nuniliers in February. Are first seen in December and last in April — that is close in shore. After that the; begin to travel along the coast of Vancouver Island and Queen Charlotte Islands towards Itehring Sea. Fur-seals are not known to give birth to their young on any part of the coast in my Agencj. AU Indian sealers inform me that seals are born on shore (from their experience in Behriiig Set, where many females are killed;, and that the mothers leave the young on shore in daytime, going soim miles out to sea in search of food, returning at night. Indians in my district do not know of but breeding places formerly resorted to by the fur-seal, nor do they remember to bpve heard of sua places. With regard to the last query, I should say that the fur-seal have been less abei;dant on the coail the last few years, as the schooner coast catch has been less than formerly. From the Barclay Sound Indians report the seals have been unusually abundant this and last season, but were scarce for three seasons before. The reason givau to me by one of the best Indian sealers in Barclay Sound for the number of seals in the mouth of the Sound this year was that the hunters on the schooners wlio seal farther from shore than the Indians shoot at the seals so much that it frightens them in Bliore, o( which the Indians, who use only spears, take advantage, and get the skins they want without frightening them away ; also the seals follow the herrings for food. Some 1,300 skins were token to Victoria this spring at one time speared by Indians in or near the mouth of Barclay Sound. (Signed) ' HARRY GUILLOD, ^-/cn/. Dr. Dawson, Care of C. Todd, Esq., Metlakahtla. Sir, Kwaw Kewlth Indian Agency, Alert Bay, Augtitt 13, 1891. 1 have the honour to forward, as requested, the information which I have obtained from the i Indians at the north end of Vancouver's Island, viz., the Nuwitti Indians on the east, and the I Kwatscno Indians on the west side, as tliese are the only two tribes in my Agency who hunt the I fur-seal. The fur-seal is found in greatest numbers about the last week in December, and continue to be j seen for about a month or six weeks, when they decrease in numbers, and are only occasionally sen I after that time. The Indians have never known them to have young during the time they are in the neig!lbou^ 1 hood, and none Iiave been killed younger than about six months old. They have never heard of any breieding grounds in the vicinity. They say that during the last two years the fur-seals have not been nearly so plentiful as ii j former years, and this year few have gone out to hunt them on that account. The Indian name here for the fur-seal is " ka-wha." I have, &c. (Signed) R. H. PIDCOCK, Indian Agtnt. Dr. Dawson, Metlakatbla. 171 |«jf North-wtit Coast Agency, Mtllakahtla, B.O., SepUtnlw 4, 1801. I 111 reply to a Circular lottur from the Suiwrintciidont of Indian ABiiirs at Virtoria, dated the iSOth •'idy, 1H!)1, requesting my answers to certain ciuestions uoucerning tlie liabiU au(\,hauntf) of th« Iftii-siiil in Kritiuli (Jolumbia watew, after full and oxhauativo inquirius, I have tlio horvour to Hubjoin I. W'n; they are hunted and killed by Indians nil along the north-west coast and Quoen DliiU'lotti>'s Islands, their route whilst travuUing south being near the coast-line east of Queen CJiarliitto's Islands, and returning to the northwaril mostly on the west side of said islands. Tiivy Hrst ap])ear going south about thu middle of December, and disappear going north alraut the nd of Mnv in each year. Tliu fur-seals are most numerous during the months of January, February, iiad Muruh. L>. No; occasionally a htsl Year's pup is found, and during April und May many female seals have eeiikilli'd with young 'so near birth that they have been taken fi-om the olil seals and have lived, can mm iibiiut, and have been riiised by Indians. Thu Indians all stnte tliat the mother seals go fur north to give birth tn their young ; that seals liorii on shore far away. :t. No such places known to the Indians of this district. 4. Indian tradition makes fur-seal very numerous long ago, but the present generation of Indian Lunturs think that they have been the same us now for at least twenty yeaix. During Inst spring (the Indians think) the seals werj tis numerous us over, but few wei-e caught ning to continued rougli water. I inclose tt letter from West Husou, Es-i., a man well occ^uaintcd with the Bella Bella Indians and Jieir hunting work, which disproves the statements originatmg at Bella Bella that the fur-seal bring brtli their young amongst the kelp beds in Queen Charlotte's Hound. I have, &c. (Signed) C. TODD, Indian Agent, North-vKst Voak Agency. |)r. Diiwsou. Letter from Mr. A. W. Huton, indose(f by Mr. 0. Tudff. ar Sir, ii^lla Bflla, IJ.C, August 17, 1891. I As ))fi request I have made several inquiries at China Hat and at this place regardin" breeding Hacf.H uf tlie fur-seal, but find that none of tlie natives know of any breeding rookeries of the fur-seu I tliis part of British Columbio. Some say the seals have their young off shore in kelp patches, tiien liiors s.iy they bring forth their pups on the outlying rocks along these shores, but none of the natives Wr 8aw ti\eir pupping places ; most of them say the mother seal goes a long ii way oH" to pup. Mr. Clayton says he is positive that the fur-seal do not bring forth their i.uiis on this part of the St Respectfully yours, (Signed) A. W HUSON , Todd, Ksq. lEjinul/rom Lelttr/rom Mr. A. W. Huiion, dated Victoria, B.C., October IC, 1891, and nddrtued to Dr. O. M. Dawson. 1'hi: fui'-seal come into Queen Charlotte Sound early in December, and are mostly all females iu Up. A little later on the grey pups make their appearance close in shoi'e if the weather is bad, so Lt tiic natives kill many of them in sight of their villages, and on one occasion, some twenty years bo, a great swarm of grey pups ascended to the very head of Knight's Inlet so tliick that I knew of he native killing sixty in one day. However, this was an exception, it was in the month of March, nd the young seal seemed to be falling in and feeding on the ulachan that always ascend Knight's pd Kingcome Inlets. Nearly every winter fur-seals, both old and young, ai'e to be seen in about the waters of Queen puu'lotte Sound, coming in iu December and leaving again about April. Tlie number usually killed by the natives depends on the weather. I have traded in as high as 600 skins from the natives at Nawitti in one year. Thurc are no rookeries about the north end of Vancouver Island that I know of. The natives say the females go off into the kelp patches to bring forth their young. EMracu from Letters to Dr, G. M. Dawson from Mr. J. ir. Mackay. Undur date of the 13th November, 1891, Mr. Mackay writas as follows: — " The old Indian hunters of the Songees, Sooke, and Clalan bands often informed me that in Jeir younger days fur-seals and sea-otter were hi the habit of landing in great numbers at the Race cks, 11 miles from Victoria ; they also frequented the Gulf of Georgia. I have bought fur-seal skins jom the Seshahls who inhabit the Jarvis Inlet, taken from animals killed at Sangster's Island, near bxada. These animals were driven to the ocean from the narrow waters by being hunted with the use of i-orms ; during the spring numbers of the young animals fish in the broken waters inside of the outlying ^If-tide ruoks and reefs which fringe the western shoi-es of Vancouver Island and of the other islands lich lie west of the mainland from Queen Charlotte Sound to Dixon's Entrance. The older animal* n w i i 1 I! i: V 1 I) ! ! f "^Ifl^ 'T^^'' T^^mrtrr^ 4 i 1 m \i " 4 17« remain further nt sea, Imt iiuiiilivrN i)f tlicia taki* shelter in thu Inrxur snundit during Mtonnv wi<»thtt J have seen thniu nil' ifutlakahthi in the month t>r8on to praiiise the taking of the fin-Mi in the o|H!n ocean, and using a suawortliy vessel as the starting p|)er by titiro.\imately by an examination of the Customs Itecords at the i>ort of Victoria, itritukl Columbia. Mackay owned the sloop ' Ino ;' with her he tnuled oil and furs from thu Indians iif tbel west coast of Vancouver Island. He made his first t-xiieriment on thu fur-seal at sea with the ' Ino;'| finding this vessel too .small to ciu'ry two or three canoes ou deck, he built the schooner ' Fa\'inu'iti',' tfl 75 tons burthen. The ' Favourite ' was registered at the port of Victoria. The date of her regi«(«I will be about eighteen months subsequent to the 'Ino's' first fur-sealing cruize. I shall write til Mr. Milne, the Customs Collector at the port of Victoria, to give me the date of the ' Favourite's' fimj register, and shall communicate results to you." January 31, 1892. — " I am informed that the schotmer ' Favourite ' was launched at Sooke, Britiil| Columbia, on the 28th A])ril, 1868. She was registered in Victoria on the 18th June, 1868. H Mackay w-iis registereil owner and master ; on this data we may conclude that the first attempt at takinjl the fur-seal at sea was made by Hugh Mackay'in the spring of 1866, say, Febniary 1866. Tlic iihonl information is from the Collector of Customs at the port of Victoria, British Columbia." Extracts from Letters from Jmlt/e Jama 6. Sioan, of Port Toicnwwt, State of Wnthingtmi, ndilrimdtA Dr. G. M, Dawson. I'nder date of the 4th November, 1891, Judge Swun writes: — " Your letter of the 28th October was received this morniuK. I promised you, when we met j I Victorin, to send you certain information relative to the seal catcli at Cape Flattery, and partiiMiytl regarding the date when schooners first took out Indians with their canoes on the sealing •Tiiimidi| But there has Iteen no official record, and I have had to rely u]x>u the recollection of individuaHl which has proved verj- unsatisfactory. To-day I received a note from Captain E. H. McAlnimiil.ofj New Dungeness, Washington, in reply to a letter from me. Captain McAlmond writes, 1st Novomb^l 1891 : ' The first schooner to take Indians that I know of was the schooner ' Lottie ' in 1869 fnnu Neakl Bay ; believing that we were the pioneere, I afterwards understood tliat a vessel from Victoria was oJal taking an Indian ct ,.'.' " On the 28th October last 1 receiveil from Mr. Charles Spring, of Victoria, a letter, datvd thil 27th, in wluch he writes : ' The first attempt at sealing, in a practical way, with schooners and Indiul hunters wus male u; or about 1869 by James Christienson in the schooner "Surprise," owned l>ytla| late Captain William Spring, of Victoria, British Columbia' Tliis is evidently the vessel reformlti by Captain McAlmond. No record of catch has been kept by any one tliat I have ascertained, anil the recoUection of individuals is very uncertain. For instance, Captain James Dolgaidno, fur niiinfl yeaisaPuget Sound pilot stationed at Neah Bay, was quite certun that schooner 'Potter,' nt For Townsend, took Indians with canoes to the sealing grounds in 1861. But Captain McAlmond, wl»| waa at Neah Bay the same time, writes in the letter received from him to-day : ' Captain Norwood, iy the "Potter," took Indians to pUot him to the halibut bank.' e, Britiikl iipt at lakinjl The ubonl , ndihr^il '" tter, iliitcd thl re and Indiu| ownetl by t ael i-eforredu icertaiiit'd, a dno, tbv mMfj 'otter,' 111' " ' Alnu'iul, I Norwood, i lis " The only oHioial nocouiit of th« «ettl oatch at FUttvry that hiM evtir iMntii ki-pt in thu one I hiwl charue of for tho tenth ronaus of the United StatoA under inatritctiona from I'rofossor Spencer If n«iruijitv d In'iiector of lUiiitvd States' Custonin, stationed at Xeah Itay. Sinuo that time no aix-ount. iuu< liei'u kept of an IntticinI nature, and any attempt to ninke up a stateniunt would l>e more K"««'<^°<''k, ami utterly lunn^lifthle- I think Captain CharU"* Spring, who wi«s with us during our intervici, in Victoria, is a Itlinnnmhly ruliahlo man, and his statement of seal statistics the most correct that I have known. Iiiivc t'lulcBvoured to obtain statistics from jwrties at Niiih llay, but without Hucfcss. "Thf whole of the seal catch by the Indians of <'a|ie Flattery has lieen sold in V'ictoria, and I ithink clnssiMJ with other skins procure8ud that tho niicliaii I )uj>artnient lit Washington, ever miny ('ii|itain Jiuiion ClniiUnlioo, ii full-hlixiit Makiih I ikIIhh,)^! it*«(l Cliii'l' of till* trilH>. hml H|iriiiM tint ' liottiu' went to IIuIiHiik Sun unit diil vi>ry wi-ll. ^'l\\^^\ CMupliinhiM), nflt'r I'liyiUK ull nmtM of tint voyn^t, liinl 7,000 or H,0(IO ilollarM lull. Mil ili>|MMitii| :,ffA iluUniM ffM in tlui Muruliiint Ituiilt in thin oily. ]lt\ will buy unolhui Mi'lioonii'imi or the banila nl' liiiiU|l Oiwwi ill) not nil llv to iliu Ari^lir, hm wiih oner hii|i|m)im'iI, nor iliil llii< liuH'alo of Tuxoa go nnrtli u,t^| iSaiikHtrhitwaii in tin- Niimmi^r, or tlm Imiilaof VVinni|Ni({ visit Ti'Xiin in tlm wintor. " All tlm ImiiiiIn of fiir-soalH in tliu North I'aeiliii ilo not go to tliu I'riliylolf IilaniU, uml i lien; mi thoUNikiiilM whirli ilo not visit Ik'hrin^ Simi at all. Kiit thi'Mo writurH, who aiwunm to know all ilii> itgA nuvcr ilim'iiHH tliiM i|iii-Ntion, Wlmni ilo tho HimiN k" whim timy luuvi* Knhring Heal " If Ihi^ killin){ of fiir-Mi-als in |irohibiloil uii. the I'rilii/loff Ik/iiiuIh iliiring tlm biiMuling himishii tlial will \h: nu fuar of i>.\t«altht I'lml lnli-lli)^Mmi>r ' of tlm Tith on fnr-scnlH, writtvn |f| myMi'If. It wan laibliHlmil in tlm Sumlay iMHiu-, but thi< iliiuiaml wan xo great that ovury uipy wiui»l^| nnil anothur iHlilion publiMliuil in thi>ir wi-ukly tlm following Thursday. Tlm i-ditor told mi* that id Iwon cxtcHHivoly oipiud in tlm h'atling joiirnalH of tlm iMwt." EHmdfmm the " SeattU VohI Inldliijcmrr" of Novnnbtr .1, 1891. (S{M)oial (AuTosponilence.) Purl lomutml, (klobfr III, 1S9|, Tlm invi-AtigatiouM of lhi> UnitiMl Htati'N' uml llriliNh I'ommissions in lluhring Sea iliiriii|; Iirc'si'iil HoasoM of IS'.ll have ln'on thr most thoroughly Hiientitic i^ver made by either ticiviTiiim lithiM'to all tlm »|K'iMnl iigi'iitH Hont by the Uiiitiid Stuti-s' (iovt'nimi'iit from Wnshingtun City I coiitiimd thoir invrstigationx and iiiportx to tbi' m-als of tlii! rribylod' I»hind8, deriveil partly liyiki own oliM'rvatious, but miwtly from the iiiteiVHti'd NtatiMimnts of ])erNoiiH riNiiding at the nMikcrieti tho!!e islaiidsi, thi> "llicei-a and omployi'x of the AliLska Commercial Company, and the prcwuil V'nnmt tlmso islaiidM. TIu'mi- n'|)orts aiv the only oiu'n thai Iih.vi? obtained i-rodit in 'tVitHliington City. adverse ri-]K)rt.|)oly and jirivate traders and fishermen, most of whom ore men of i nmans seeking by their own exertions to seeuro u profit. These latt(>r have never conibineil or fon aasiK-iatious for their own proteution, s.i as to have their side of the ijuestion fairly considcreil i disuussed in Washington City. Ilotli jmrtie-s have In^en stimulated by grewl, and not by a ilcsirel scieiitiKu investigation. When the Tte)Hirt8 of the United Stales' and Jfoyal (.'ommissioners are published enough new! will be pi-oiluced to make a material difference lietween what has lieen dogmatically and iH'i-siste asserted by iiit<>i'este niiiniiilH mi ilic iNliuidH liy •1 ,. M.iikii CiiiiiiiHiiiiil ('niii|MHiv mill llii' ini-Hciit ('"iiii|iaiiy'« wtviuiIh, whidi Iiun ilrivni iImi mmlii tu nth T parlH "I llii' moii I'm' liii'iiilinu, iiiiil iiiri'itily, llii^ |irti< Klallcry in lln' liiltri' piirl of 111 .iiiilit'i' 111' '!"' 'i''*'' "' •'»'"•'"'>• vinyiii): with ililVi.'ii'iil hi'iimihih. Wlii'ii I'lttlrriy «iiiiln pruviiil with iiiiii li Miow llii'V kiH>|> wril iillMliori', iiiiii ili> mil Miiikn tlicir ii|>|h'ui'iiiii'i- in Mmtl iiiiiiiIk.'I'h iH-rorii lliu II, nil III' III' |''('liiiiiii'y 111' till' lirct of Miirtli Lihi winlrr was vny niiM, willi Iml littii' snow, lint llit< iiH'VMiliiiL' wiml'*. «iii''li wi'ii' miiiili iiinl Mmilli-wi-st, wfif cxrt'i'ilinKlv violent, )ii't'Vi'iiliiiK si'ullnK- LliiHinri'H fiiiiii iloiiiu iiimli liinilin^'. Tlir niililni'iH ol' ti'iiiiK'niliiic, Imwi'vi'i', with tin' iliiiTiion of tliu en viiiliiiL' wiiiil", ili'ovii lilt' w'iiIn tnwuiil till' loasi in liii'ti'ilililc iiiiiuImtm. Tlii^v i^niiluiilly work up llic ttPiU*! towillil t.Mli'ril t'lllll'lnlli' Nlilll'l, wlli'li tlir lill'Kfl' |Hirticin i<( |||i| lirlils liiiiM- lllolij,' till' AlllMkllll ei,ii'n Cliarlodi' IhIiiiiiI.iiihI into ('iii.h Smiml iinil CiHik'ii liili't. aiiil ilo <' ''"' '"'v Hx'ii' youn;,' on llii' iniuiini'i'iilili* isliniil.M. fjnrilH, iiiul liayit in Sdiillii'i'ii Alaska anil JlriliNli ('oliiiiiliia. 'I'lii'm' mi'iiIn uir si'i'ii in tln-ne watiirN nil Hiiliiini'r, iit tlir miiiiu (iinr of llx' lili'('iliii){ 1)11 tlir riHikei'ii'it of llii' rriliylolV Ixliiiiils, unil ari' Mlli'il liy IiidiiiiiM iiiiil lliii Hkiiix III to ilcalrrH. Tins i,'i»'at liinly of tlii' seals, linwi-vei, ilo enter ItiJiiin^' Sea, wlieri' lliey are fullnwej ly ihr Mniliii;;-ve».selH. Tliey ii.Miiiilly take to tlie iKlamlH iiImhiI the IIi'hI nf .lune. Ilie liieeiliiifirowH anil iill-i la'iri;; eailii'r lliaii llie leHl aliiiiit four niontliM. Till' writer in the l^iiiilmi " Tiincfl" iNil'nre allmleil ('-'*> '■'"'l- ^ " It is eniel ami iiii8pni't«niaiilike. The aniniiils have no rhaiiee for their livex, Iml are HiaiiKhU'riHl ke slieep III til'' slianililea A |iortion of the henl in Hepaniteil from llui iiiiiin Uiily liy ii iiarty of niun .iiieil with cliihS' Tluwu men they ran harilly Ih' ealleil linnterN- liy nhuiitH ami IiIowh ilrive thu part if till' lirril they liavf Miirronmleil away into the interior of the ixhiiulH, a mile or so from the ImmicIi. ere, nil II riear N|iuee, the iiiifortnnate seals lU'u at oiieii i'IiiIiIh'(I to ilualh ami nkiniietl, the earcasuH iiiL' left a.s they liu. These Hhiii^^hters are i:an'ieil on until the iiiiinltur of skins rei|iiireil are secunxi. Itcrly till' seals Hueni to have an instinct that there is Hiinii'thin^' wroii^,', as the sipuiils ilrivuii into the jiil-hills never iflnrii, only the Hteiieh from the MlaiiKhter eoiiiin^,' down to the iK-ach when thi; land vzc lilowH, III eonseijuelice of this the riKikeries have lieen less frvi|nuiited than in forinci yonm. lis lilts ^iveii rise to thu assertion of the niono|Hili/.iiij{ (.'onipany that thu taking of seal liy the private dscIh is causing a dejiletioii of the seals on the breeding ishindii. When the methiMls adu]ited liy thu hunters of the seiiliiig-vo' 4cls are compared with those of thu jcimcil kiHcra, thii.se ImrbarouH linUOiurs, it does not reiiuiiii iniii consideration to give an intidligont iil);iiu'iit ill the case, and determine which niethod is the iiioNt hninane and which inothod is the real iiiDC of the souls leaving the iiKikurie.s. " When thu sealing-HuhiHiiier is at sea she has u nuinlx'r of Hinall lioalM of a caiicH! form, built prey for .sealing. VVliiin a seal is Highted a Isiat is launched overlioard, a hnnter, with one or two II t. |iiill the boat, quietly Uike their jilaces. The hunter ia armed with shot-guns and riHe. The t Hi pulled iiuietly toward tliu seal. In nine cases out of tun the animal takes uluriii and divea out sifflit liefiire the iMint is near enough for the hunter to shoot, and in no case docs a hunter shoot until is near enough to lie certain of the game. As soon us a seal is shot it iM'giiis to sink slowly, and the t is pulled rapidly up to it, the carcase is gafl'ed and hauled aliuard. 'I'his is rejMMited as long as a can Ih' seen. In many instuiiceH only one or two will Isi killed during a whole day's hunting, but other times as many us twenty or thirty will lie taken. After a day's hunt the Isiiits return to the looncr, the Reals are skinned, and the |K>lts laid in salt in the hold. This goes on from day to day irin),' the scitson. A small lioat is not a very safe craft in the boisterous wat^-r of thu Northern (Jecan, 1(1 tlifi thick togs often spring up and hide the schooners from the hunters' sight, when days may elupsu iforc the iwiit-s are picked up, and sometimes they are never found. Thus these hardy .sealers pursue iilijccts of their chose in the ojien .sea. Tlie seal has a chance of escaping, and the percentage killed very siiiall. When it is considered thai an extent of (K-can of nearly 12,00(1 si|uai'i.' miles is hunted 'cr, the chance is slight of the .seals being e.\termiiiat4!il by the Heel of sixty or seventy vessels engaged tile sunl-huiiting business. " It Ims been asserted that only a few seals u8 than for the post twenty years. There is, however, much iter ditliculty exjierienced in capturing them. The wary animals have learned what a sciiling-boat is, at the sound of a gun the animal is on its guai'd, and it is harder for the hunter to get in range of quarry. The Indians kill the . -lal by paddling thu canoe silently clo.se to the sleeping animal, and with unerring aim hurling a > -bed spear with a line attached, with which the seal is hauled in taken aboard the canoe. Seldoi or never does a seal escape. 'The white hunters use the gun as icribed." [305] 9 A M Ml 111 P { i J ■ i If Hf ii i ■■TW^T^^ "■P" "fl^W w^m^^i^ 176 Although softls have iippeared iu incredible numbers this present seiiaoii of 1S91, yet the weatlior all through the sjiriny and early summer nionths was muisually boistenmn, and days and even wctlij elapsed during which time it was impossible to launch a sealing-lioat or an Indian canoe, consnjmnilj the catch has not been as large as was generally expected, and recent accounts from l/ondon show ihjt the prices lironght for fur-seal sliins at the great trade sales did not i-venige '>ver 1:5 dollars. As pricft. from 17 to 22 dollars wiire paid in Victoria for these skins, somebody has been a great loser, ami tlip prospect now is that fewer vessels will engage in the business next season, and tliat. jirices will rnlu still lower. Of the migratory habits of fur-seals but little has hitherto been made known, fur those wlm Imv,. had tli(! information to give have had an interest directly opposi'd to imjiarting the trutli, lliiuc the fallacious assertion has been made aiul stoutly niaii.tained by tlic monoiHilists and tbcir memhioiom hirelings that all tlie fur-. killed by the poachers and jiirates, wiioiii tlie u'l'iitral public know as honest, iiidu'-trious, energetic tishermen and luinters^the fur-seal will become extiimi, I • and -Miss Flora McFlimsey will have nothing to wear, jmor girl ! I'ut the scienlllic invcstii^ati'.i;- „r the United States' and I'oyal C'oianiissions, and particiilinly tlie latter, who have maile the migriitinn, i,f the seals a special study, will show that the lialiits of all migratory animals, Imtli bir.ls and lunsts, ,itv governed ly natural laws. The seals, like the great herds of bulValo, I'c fuierly so al.nndaiit, ainlthJ myriails of wild fowl from the north, are not (each kind) one single greiil body. The biilliilci wim fninid in great druves from Texas to the Assiniboine and the Ited liiver of the north, but they v.cio iwl all in one liand. The herds from Lower Texas never went nonli to the upper limits, nca' did the htnlj of the extreme north ever seek their feeding ground in Southern Texas. Every band had its ,nvi] range. So of the Canada geese and other wild tbwl, whicli were pojiularly declared to visit the n'i;iuiis of the North l'(de every si)ring to propagate their young. Xo one thought or dared to assert t(i tlif [ contrary, but when Cidoiud (toss, the celebrated ornitliologist, IVauid the nests and eggs and y(niii;i nf the (,'anada goose in Kansas, and other observers ha»e discovered these so-called .\rctie breeders rciiiiii.' tlieir young at tlie head-waters of the Misscairi and iMissLssipjii, it M'as foumi that popiilai' liiUrf I regarding natural history is iml always .scientitie fact, and so as to the haliils of the fiir-.seal. TluyjJ not move in (Jiie iinmeiise herd to I'ehring Sea, but in droves and bands nr scIkhjIs like lisli, ail ovfr the great exjiaiise of the North I'acilie Ocean. 1 )i: Dawson, of the ]i<'\'al ( 'ommission, said, as n'|iiiiiHl [ in the Victoria '■ Coliaiist " of the i:!tli (')cti)her: — "Very little has been ]iublished about the migrations of the seals on the Xorth Tacitic const licfurv I they enter the I'lehring Sea, anil this point is one from which we got n lot of interesting matler WA have taken a good deal of evidence aliotit the ])resei;ce of scv.ils at t'ape I'iattcry, and have lieciitolJ that they were more nnmeiinis last spring than they have ever been before I liiid a ]ici'iiliat| idea existing aiiKHig those who claim to be authorities in regard t'l .seals fmind in the waters nf Snm America, especially about Tierra del Kiiego and tlie Straits of Magellan, 'i'lio notion that they aivtlitl .same species of seal as tlio.se found in ISehring Sea and the North I'acific is quite erroneous, Tliiv I are of a dilVerent genus altogether." So also will the.je scientitie invettigalions show that a jiorlion of the so-called (.'alifornia ,*il, I whicli comes north every season, does not enter I'ehring Sea at .dl, and that its habits in iiiaiiv [ resjiects diller es.seiitially from those which visit tlie rookeries on the I'ribyloff I.slands. Tiles' California seals do huve pups somewhere on the coast, either at the Farallones or further .south, nr on I the great kelp jiatches, as is clearly ;ilio«n by the young pups which annually make their a|i|icurnicf with the herd, and arc taken and brought into Neali Hay by the Indians every season, and it is fiiitliftl pro\ed that these ]iu]is will swim at birth, and even when taken from their mother before biitli, .showing a dilference of habits between the I'ribyloff Islands seal and those taken at Cape l-'lattorr I These facts about the haliits of the fur-,seals of Cape Flattery, which I have known for more than tliiity years, have this year been jiroved to be correct by the lioyal scientists, and will seem to show there! im I always two sides to every ((uestion. AVliile I join with all the scalers with whom I have cuiivir*! that there should be a do.sc season on the I'ribylolf Islands, wluai no .seals should be killed on tli'R islands (lY in riehiing Sea, I eipially join with some of the more intidligent and observing ef the* sealers that the hunting of ,seals along the coast of AVashington, Ihitish Columbia, and South-ciisttin Alaska does not in any way affect the seal catch (ai the rribyloff Islands, as there is every iviisini l» | assume that these coast seals never enter Hehring Sea. AVheii we consider how the devclojunent of the Jisheries of the North I'acific have been paiiilywl by this seal eiaitroversy, and our fishermen have been driven by the mistaken policy of our (IdVcrii- ment to seek protection under the Ih-itish flag, we may well CAclaim, " This is a sorry sight," Hit fishernieii of Ciloucester and other eastern ports, M-ho were jirotected by our Government in tliiirl fisheries lai the .Atlantic, almost to the verge of hostilities with C>rent Ihitain, find that when they omif I arounil Cape Morn to engage in the .same peaceful and honourable vocation in ttio North I'arllic I ]!eliring Sea, and the Arctic Ocean, they are denounced by the same (iovernment as pnnciieis iiiin Jiirates. They take nothing but the products of the ocean. They rob no man. \et because a ]iowtrftl I Syndicate of cajiitalists demands the right to monopolize the taking of seals to furnish articles of I luxury for the rich, our fishermen and hunters are harried and wor. ied by revenue-cutters and I'tlwl armed \ essels, not for the public good, not for the benefit of the poor, but simply to gratify the avnricf [ of t)ie wealthy few who have secured from our (Jovernment a monopidy of seal-cateliing on rriliyloH Islands, which they arrogantly n.ssume gives them the monopoly of the whole ocean, as well «i | Alaska. AVhcn the Hudson Bay Compnny, which for more than 100 yeors had lorded it w)thdespti«| sway across the whole continent, from the Atlantic to the Pacific, sought to renew its Charter, tho« [ far-seeing statesmen, Gladstone, Labouchcre, Lord Bury, and others opposed granting a renewal, uml I Parliament refused. The course of those wise statesmen against that gigantic monopoly opened tothi Dominion of Canada all that great region which had been represented by the Company as a I 177 ice unJ snow, of I'ofjs and cold, fit only ns an abode for wild l)e(ists nnd tliu still ivilder Indian. Hut it has been found a.i iin;ricultiiml vojpon of ininienso value, wliicli lias been opened and demonstrated by the Canadian Pacific Kailroad to bo a fit abode for thousands of industrious wliite persona, who have found within its liorders happy homes, and have thus adiled to the wealth of the Dominion. So, too, wlien we can liave .statesmen in Congress who can ri.se above the sordid motives of filthy Incif, and look into this seal (luestion ami the development of Alaska, and of our .ijreat fi.shories, they will see that the sum paid by the Company for the lease of the I'riliylofT Islands is not a feather's \voi"ht in the scales of justice, when we eiuiipare this amount, great as it is, with tin: va.stly greater aniimiit of j^ood tiie nation will derive by giving every encouragement to our fishermen to liring in the ricli i)i(i(bK'ls of ihe ocean, the whales, the seals, the fish, and to our miners and others to open \\\> and ili'Vt'lo'i the rich treasures of Alaska. All this dev('lo])ment is retarch'd and paralyzed by the action of tiic innnopoliziiig Companies, just as the Hudson ISay Company retarded the development of British Cdliiiiiliia anil all that gntat region, clear throngli to Hudson's iiay and the Atlantic. Instead of eiiudating the example of the Ih'itish l'arli-.r....,!iL I'.nd abrogating a ]iowerful mono])oly, we ieem to havo c'linc back to feudal times arid grantecbrights and pi. i leges to tiie moneyed Harons wliich are denied to tlie iicc)|ile. lletlcr that every fur-seal be e.vteiniinated than the United .States should enter into this unlioly alliance with a monopoly to paralyze our industries and rob th'^ people of their iiiliciitance. On t!ic Xoith Atlantic Ocean the liair-.seals have been hunted for more than two centuries, and every year more vessels and larger ones are engaged in this business. \et the hair-seal is not exter- miimted. Tiu' habits of tlu; fur-seal and hair-.seal are analogous — both live on fish, both an! aniphiliious ; but the commercial value of the fur-seal is the greatest, and wliile our fishermen can kill all tlie hair-.seals they wish, the fnr-.seal nnist be reserved for those who have lunger jairses anil can cajole Congress by their sophistries. The fur-.seals never will be exterminated. They may and have been driven from their rookeries, bat they havi. found otiiers, and it they are l>eing driven from the Pribylofl' Islands, as is asserted, I incdict tiiat when the wholesale butcheries are stoi)]ied and the stencil of the rotting carea.sses no liiiiijcr pollutes the atmosphere of .St. Paul's and St. (ieorge's rookeries, the seals will ret\irn to tlieir old haaiits, as they are now ri'tundng to their former rookeries at Cape Horn ami other places in the 8outli I'ncific. In all the preceding years of the history of the sealing on the I'ribylolf Islands, tlie Captains of the revenue-cutters have not been required to make specific Reports on their observations of fur- seals (iff the rookeries, and any voluntary statements they may have made were either p.igeon-holed or not considered good form, hence wc have no knowledge of any such lle))arts. This seasiin, however, the Captains have been reipured to make Iteports on their olmervations of fur-seals and their habits off (if tlie rookeries, and their testimony, added to the Iteports of the Commissioners, will furnish much interesting information which has hitherto b(!en suppressed. If the (iovcrnment will prohibit the killing of fur-seals on the I'ribyloli' Islands and in Hehring Sea (luring the bree ling season, and will enc(aniig(! our fishermen as they are encouraged on the Atlantic, the .seals wili not be driven off nor the market overstocked, and, better than idl, encourage- nu'ut will be given to the dcveh)pnu!nt of our fisheries by furnishing a motive for a fishing lleet to ciinj^rcjjate on l'iig(}t Sound, and by the iiroducts of their labours to enridi our State. If such a courac is pursued one will heai' no more of American ves.sels being driven under the I'ritish ll.ig for ])roteotiou from the United States' Clovernment, which should protect them. Our tiovernnumt is very jealous of injuries nnd insults jmt upon our citizens by i'(u-eign nations, but iu)t a word is said of the injuries and losses (un' eitizcuis have incuired by our Government in sustaiidng and )iroteeting a monoiioly on the seal islands. It is a disgareeful ])artnership between the United States and these monopolists, which .slio'.id be di' solved. It is an old adage that "when thiev('s fidl (Uit honest men get their dm^s," and I hope that tlie piesent feud between the two rival Comjianies may bring Congress to a clear under- stiuiding of this matter, and our lisbcnnen idlowed the same privileges and encouragement that they liave in tlie Xortli Atlantic. (Signed) .TAMKS G. SWAN. 1 L'tlcv from C'lptniw John Purcrn.i, mhlir'^'iCt/ to Ja/ilri/ Fi-mnlf, AV/., Fiecntnry. Bihrinff Sm Uommuisioii. Sir, Gnunmi JJuch; Hsijuimalt, November It), 1801. li reply to your better of the 28th ultimo, respecting the habits of the fur-seal along the coasts of liritisli I'dlunibia and Ahiska, 1 beg to report as follows : — 1. From the early ))ait of Decendjer to the beginning of June thej* are found near the edge of the liankof soimdings abuig the coast from .south of the Strait of Do Kuca to Cape Scott Islands on th(> west const of Vaucduver Island, and that idH)ut the middle of -luiie they di.sa[ii)ear alt(.gcther, and are [ seldom seen again until late in Xovendier or early ]iart of December, when tlie weather is then too I rouf,'li for all i)ractieal pnrpo.ses to catch them. L'. The distance from the shore where thc^y are to be found most plentiful-say oil' Cape iieale, : where the bank extends furthest from the land — is from oO to 100 miles, and in soiik! eases to 1 150 miles ; but these figures mu.st not be taken by anj' means as a fixed limit, beeaii.se they are I frequently found inshore and up the sounds some 8 or 10 miles inside the headlands, and, in fact, I j hiivi! .seen them in the Strait of Fiica, and on rare occasions in the Gulf of Georgia even. 3, When they are found along the bank on the west coast of Vancouver Island they are feeding [on tlieir natural feeding grounds, where they feed upon all kinds of fish in season — of which we havo a I vftrii'ty oil this const of some thirty odd s])ecies — however, the herring is their primnpal food, and then I comes the salmon and other varieties, nnd so long as the fish are plentiful the seal never leaves thu [a05] 2 A 2 if i ■ ,ini.i|f,ini|l4Mm/«nifn«jui||^iVlii «i|pi;^iwjOT^'iii«pi^l., Hiii^w' > !*1 178 feedinj; ground, but when the lieiring, salmon, smelts, uuil others iirooceil northwiinl nml into i],,, inlets, Imrbours, rivers, &c., to spawn, tlie seals follow them, but so soon ns they finil shoul w,iii.| they go to sea again. Now scnio of our inlets on the west const are from 'lO to 10(1 fatlioms rlfoi,^ i,,,'] the seal is (juite at liomc in them. 4. As far as my observations have o.xtendeil regarding tlic increase or decrease in their iiiiinUr. and I have been on this coast twenty-seven yeai-s, all I can say on the subject is '.hat when tlicy iviun. to their feeding grounds after their ])criodic migrnlions they ap))ear to be in nuudiei-s very siinjluri,! i the salmon, herring, smelt, oolaclian, &c. Some years they are found in inexhaustible nuiiiliiis^ tint for a yimr or two tliey will lie scarcer, only to return in the following year in as great abiimliiiicc j; | ever, and it is my lirm belief that if the fish never lei't the lianks fringing the west eoast of liri;ifni\' (U). s. 4. 5. f>. 7. ». !). 10. n. 12. 13. 14. IS. IC, 17. MriCElXAXKOU.g COIIIIESPONUEXCK .VM) ^[kMOIIAND.V. Hcliriiis Sen Conimij'ifinrrs to i'cr Biituniiic Mnjcsty's Consuls-Gcuornl .'it Slmiiglmc', C.'nnioii. 1111(1 Moniilulii. llor Britiini ic MiijeitvV': Con.-iiil at Snn Fnmcisno ti> TWirinj? Se;i Cmiimissioners. Jfor llr.sloiicis. Hehriii^ Sea Coriimi-nidii rs to Scircir Naval Olfircr, Ksciuimalt. Kxtincts fr.im " Challi-ii}; r" ifqviil-. Letter frail Mr. F. Cliapir.aii. ICxiraet (if letter finiii Itai-dii Nonlcnskiiild. liettcr frail Mr. John Mini ay. Uejiort of examination of dead S.al Til!! by Ur. Glliitlier. Meiiioiiindam by SiV Saniuei Vilsoi. M.l'. (Sliccii-lireeding), .MenioiandiiDi by Karl lirownlow (Deer-lireedinjr). .Menioranduin by IVofosor I'Mower. f'.U. Lett) r from Captain David Gray, I'etei bead. Mr. W. Palmer, on tlie Killins; of Seals iipo i 'lie Pribylotf Island-i. Hxtrncl from the AEellioarne " Aruus." OeceinlKT 17, 1887 (referred n by Mr. Chnpaian). Extracts from Pamphlet bv Mr. .V.W.Scott on the Fur-seals of tlie Southern Hemisphere. 1873. J letter frum the Behring Sea Commiisionrra to Htr Britannic Majesty's Consul-Gemral at Slmiujluxe* gjr Government Hoii^, Ottawa, November \G, l%9i. Haviiif,' been apiioiiited British Commissioners to investigate tlie facts and conditions of fiir-soal life and the sealing industry in tlie North Pacific Ocean, we find that our inq^uiry would be much assisted if you could furnish us with information on the following points : — 1. As to the names and number of vessels sailing from Chinese ports in any given years, which have taken fur-seal at sea or on tiie rookeries, together witli the number of skins taken and other particiUars, such as the nationality of the vessels, and the numbers of their crews. 2. Any information as to the number of fur-seal skins landed at Shangluie, and the market pricjs of the same in any given years. [t 3. Any information on, or names of authorities for, the very considerable tratle in fur-seal skins, liotli from tlie North racific and the .South Seas, which appears to have been carried on at Canton I duriiy llie earlier years of the present century.] We should be much obliged if the obove information could be forwardeil to us as soon as possible^ [addressed to the Behring Sea Commission, care of his Excellency the Governor-General, Ottawa I Canada. AVe have, &c. (Signed) GEORGE BADEN-POWELL GEOEGE M. DAWSON. 2. — Letter from Her Britannic. Majesty's Consul at San Francisco to Oit Behring Sea Commissioners. [8ir, San Francisco, Jamuiry 5, 1892. I am in receipt of your despatch, dated Foreign Oftice, the lOtli ultimo, wishing me to obtain for I the IJehriiig Sen Commissioners the forms of clearance issued nt the Custom-house at San Francisco [for ves-sels proceeding on whnliiig, tishing, and sealing voyages to the North Pacific, including I Behring Sea. The precise phrases used in clearing vessels at tliis port upon these voyages is shown on the [inclosed forms of cleamnce obtained from the Cu.stom-house. Tiiose that go hunting and nshing [procure a cleamnce, which states tiiat tiiey are " bound for hunting and tishing voyage, having on board [stores," and those that go whaling are cleared " for whiUing voyage, having on board stares." I am liiifurnied by the Deputy Collector of Customs, who clears all vessels hero, that these arc tlie only two Mrms of eleamuce givei:, and that no sealing or trading clause is inserted in such forms, lie says mi vessels are cleared for Beliring Sea. Tiie steamers of tlie Aliuska Commercial Company clear for iJnalaska, and receive permission from the Collector of Customs there to proceed to the Islands of Bt. Oeoif^e and St. Paul. As regards a statement of tlie number of ves.sels cleiiriug from this jxirt for hshiug and hunting, I nclose a ilemoramlum which I have procured from the Custom-house at this port. I am, &c. (Signed) DENIS DONOHOE. * Sent tko to Her Mtjeity'i Canauli.Qenenl at Honolulu mi Ctnton. t To Ctolon only. hii r ijlj; i! £ t f I ' ^S tl Vt ■ t' f « iii >■ I ii I ) ^ 160 - 3. — Letter from Her Britannic Majesiy's Consul-General, Shanghae, to the Behrinfi Sea Cumin kxinner, Gentlemen, Shuvghaf, Jnnuarii ^, ISO:' In reply to your letter of the 16th Novoinber lust, just received, nskiiif; for certiiin inl'oriiii\ti,n ■Nvith regard to vessels clearing from C'hine.so port.s which have taken fur-seal, 1 have the iioiidur to inform you that, n.s far as I can learn, no vessels Iiave cleared for that |mr])cse fnnii this cniintft tiiough vps.sel.s registered here may possilily have left for Yokoliama with tlio tiltiniate intention of engaging in the seal fishery. Most, if r.ot all, of the vessels engngeil in the seal fislieries roHistfreil here are built and fitted out in V^ikohamn, and are only registered in .Shaiiglme because it is the nearest port where English registry can he obtained. The Iiniierial JIaritinie Customs have kindly furnished me with the I'ullowiug figure.'' .'Imwiniftii,, import of scal-.skiiis : — Yi.ar. P.oceii. Vuiiie, 1887 1883 1889 1890 1891 9-:« 2,381 3,4.'iO Ml 800 llaikwttii tneU. 1,941 .'1,097 8,114 1,012 1,775 The Hnikwan taid is, roughly speaking, equivalent to ■'i.s-. Tiiese skins have all been imi)orted from Japan, and I am unable to say whether they li;iil tlipjr i origin in that countiy, or had been previously imported to it. I am sending cojiy of your despatch to Her Britannic Slajesty's Consul at Yokoliama. w hi) wil] doubtless furnish you with all the information obtainable. 1 have, &c. • (Signed) NICHOLAS J. IIAKNO. 4. — Letter from Her Britannic Majesty's Conml-General, Canton, to the Bchrini/ Sea Cv)nmimmm. Gentlemen, Canton, Deccmher 2S, 1891. I have the honour to acknowledge tiie receipt of yonr letter of the lOtiv ultimo, in whicli ymi lut I for information about the fur-seal trade of this port. Ill reply to your first query, I have to state that, so fi . as can be a.scertained, no xcKijel sailini' | from a Cliinese jwrt has ever gone on sealing expeditions. As to the second point on which you ask for infonnation, I cannot trace any record of fm-jeal I .skins having ever been landed at this port. On the thir.l point also 1 liave been \inable to obtain any information. None of tlic iTOjitli | accessible here Iiave even a mentiou of a " very considemble trade in fur-seal skins, both I'lMin tin North Pacific and the South Seas." In a Con.sular I'eport on the trade of tlii.s port in 184", Mr. Tlioni writes: "Twenty years iigotliel •fur trade (which was almost entirely in the l-.ands of the Americans) carried on with (,'hina aiiumiiteil to uinvard.s of 1,000,000 dollars annually, lint, owing to the indiscriminate .slaughter of theiniiinikl of the chase, it lios dwindled away .so much as to be no longer worth pursuing, and, indeed, Jiirinj I these last two or tiirec years no skins or furs whatever liave lieeii im|iorted into China." Mr Tlioiii [ gives the names of the fui-s imiiorted into China, and fur-.seah is not among them. Furtlici', iiu Itetiirii of I'liited States' iiuiiorts into Canton in 1840, other furs are enumerated, but not fm-stakl In a previous Return (1831) of the United States' trade in furs, I find in like manner the names of lliel furs exported to China, and fur-seals is not among these. But iii another account I find it stati'il tint I the furs usually imported into China by United Stiitci' traders in the early part of tlii.s century wett I rabliit, seal, sea-otter, land-otter, beaver, and fox. The archives of this Consulate-General do not go Imck to the period at which the United .Sates | tmde in fur.s with China Houri.shed. Ccm.seciuently, tliere are no archives to shed light on the silled Tiic books which I liavi', referred to also fail to give ju'ccise information, and it is (hiubtl'ul vhi'llif'l anything certain and definite about it can lie h'arned here. I have, &c. (Signed) T. WATTEIIS. 0. — Bchriiiij Sen CuinwiK-voncrs to Senior Xaral Officer, Esqumwlt. Sir, 1S91. lii'liriiij; I JiMlllij. Ol/uira, July .'^ As Iler Majesty's Commissioners appointed to investigate the conditions of seal life in Sea. it appears to us that infonnation on tlie following ])oints would be of great value to tlie t sion if gathered by any of Her Majesty's shijis visiting Itehring Sea in 1891. We tliereforc venture to append, for your consideration, heads of information on matters whicli m have to investigate. We have, Ac. (Signed) GlCOKGli BADEN-POW GEORGE M. DAWSOX i ,'ELL IP mmmmm mmmmm mm 181 Records of Observations on Far-Seal Life in the North J'acijic Ocean, for tlu Behring Se>: Commission : to he entered in a Separate Seal Log. 1 rinco (if cnth iveoixled ol)servation (possibly, umrkeil off on separate cliait by leferenco iiumliers). i , i •> I'dints to bo noted in vcgnrd to scnls : — (i.) AVlietlRT playiui;, resting, or travelling (if travelling: (a) direction, {fi) puce, (7) whether single or i" si'liirtils). (ii.) (a) ^^'^, i'M^'> ""'' ^^'-^ ' f.*^) ^^'bcther aMornpainud by pups or not. 1 (iii.) fStr.tc oi' wi'iitlii'i' and ki';i at tiinus of observation. ;; Olitiiin c■(ln■t^s])o^lling informatinn from any sealing-schoonurs visited for any innnedintcly pre- cciliiiu iliitcs, iiiiil gc'iifriilly record any information applying to seal life. This Mt'iiiiiriinilnni was coinnninicaled to the commanding oflirors of llcr Jfajesty's .ships '■'v'vnilibi'." " I'oipnisc " and " I'lica.sant," who kiiidl}' causod accurate observations to lie mad j on the iidiiils iiidicMtt'd. The lesult.s of these observations are, so far as were considered es.sential, embodied in our Jiclinlt. I'l ■-- Kit nuts fivm Eqmrt of the iSeientific Ik.siill.t of the Ejplorbxij Voyaqc of JTcr Mojcsli/'g ,Viip " C/uillou/rr," 1873-7t>. ■Tlic caves (iin Nii,'hlingide Island), with the sloping ledges leading up to them, arc frequented, as was ..) " In ISIJO, when Her Majesty's ship ' To]iaze ' called at the Island,}} there were only ten inliabi- [t.-iiits, and the ' Challenger '|| found finty or lil'ly under the control of a (Chilean, who paid 200/. a-ycar [rent tn the ('hileaii Oovernment, and who had a few men also at Jlas-a-Fuera island ; he was engJiged f prineiijally with the hunting of the fur-seals." (Narrative, vol. i, part ii. p. 827.) "The steaiii-piniiace left Gray IlarbourlT at 4 A.M. witli several natu.alists and officers, and joined [the shiji in the evening at Port (irniipler. On the way, landing was efl'ected at several siiots, and a [iiuniher (if birds were procured; a very large number of fur-.seals (^(j't/ocf/jAn/x.s) were .seen, and six [Were shut, the skins and skeletons of which were preserved." (Xarraiive, vol. i, jmrt ii, p. 805.) " 111 the narrative of the voyage it is stated that fur-seals frecpionted Nightingale Island, one of [the Tristan da Cunha gi mp ; the Crozet Islands, Kerguelen Island, Juan Fernandez, the Messier fCliiuinel, and Elizabeth Island, in the Strait of Magellan. Speeiinens of eared .seals, which did not [jidssess the elongated concave ]ialate so characteristic of the genus Otaria in the sense defined on p. 2!>, Iweie iii'ijiiired from the Kerguelen group of islands, in the Messier Channel on the west coast of South lAiueriea, and IViiin Jiian .Fernandez. They consisted of the following specimens from Kerguelen : two Itaieiwes of yming fiir-s(>als without the skin, jirocured from the ' Emma Jane ' at Fuller's Harbour, "i.liimiuiy 1S74 ; two skeletons of fur-seals, also at Fuller's Harbour, which were distinguished from each lotlier as No. 1 and >fo. 2 (No. 2 having been killed on Swaine Island). From the Messier Channel Iwevc (ibtaincd the skin ond skeleton of a male and the skin and skeleton of n female ; also two iBkcletoiis of males shot on rocks in January 1876. The .specimen from Juan Fernandez was a skin Icontuiniiig the skeleton of a very young animal." (Zoology, vol. xxvi, part Ixvii, p. 37.) * Crozet Inlanda, Penguin or Inaocenible Idtnd, vititcd 1878-74. f Kargntltn Islknd. t J. A. Allen.— Th* eared aeala. Bull, Mua. Comp. Zool., toI. il, pp. 1-88, 1870-71. Juan Pemandti. || Tiitted by ■■ Cballinger," I87i. 1 YUted by •' OlulleDger," Itamj ISTC. >;i a* is.i '■ :; ^W 1i' i •I 1:1 I i « 1]' 'M M ^PPW^W" "•m^mmr 182 7. — Stals and Sealing in New Zealarul. Throusli tlie kiiulncsa of riofi'S.sor T. J, rarkor, F.R.S., of tlio I'liiviMsity f f Otajjn, hminlin, Ncir Zciiliinil, the sulijoiucd iiiti'rostinj; luoount of tlio si'iil lislioiy in New Zoalaml, writti'ii iit liis iniucst l>us lici'ii t'liriiislii'd liy Afr. Fivilfiick Clminnaii. Tlie coiiiiiiunicatioi\ is in the form of a \Mvv lulijri'sscj to Professor ravkov. nml is ilatcil fi'oiii l)iiiicdin, 2llli Si>]iti'inbi'r, 1S'.)1 : — " I liavi' cucUMVuiircd to ^'et soiiii' ili'liiiilc inforiiiution aiiii oiij^iiial opinions to I'lialilr vdii |„ tinswi'v ^[l•. (!. Dawson's Icttoi- of tin- ■J.'iiil .riiiu-, witii leferi-ncc tn tlic oxlirpation of our seals, ("mttht only iicrson I conM tliink of as old onon^li to j^ivt- nu> tust-luuul information; yi't not too oM, Inus noi yet answcroii ni\- Icltcr. I think, liowovor, that from a jicnoraj knn\vloilj,'i' of the traditions and jltctj. tiiro of old Now Zealand, and from hooks at luy command, I can givo you sumuthin;^ to begin \vitli,mii| 1 will try and obtain more. " Donhtless Mr. Dawson has access to a paiier on the fur-seal of N'ew Zealand, hy .1. W. Cliiikc.ji, the l'roeeedinj;s of the Zoological Society for 187"> (1>. O'tO). which is in yiair Museum liliraiy. Tliii jinper gives some interesting facta, tlie verification of which I had |iveviously sought fcU' years. .\^ | know nothing of the seals in Australian waters beyond the fact that they were once numerous in tli,. islands of liass Strait, 1 will come to New Zi'aland. Seals were formerly uunieroua on our uiiiIiiIiiikI To get at the numbers taken lu'ie early in tiie I'cntury.one v ould have to make innuiriesof old nicrcan. tile liouses in Sydney, TxiniKm, and America — the Camiibells, Knderhys, &c., if any of them exist. The olil Alaori tnulitions eons* iitly refer to seals, wliich were very numerous in the neighhourhoiul nf t|,ij ])ort two centuries ago, and may have been jilentiful M'hcu the century began, 'riie rocky west niisi | of this island was, however, the home of mimerous seals, aiul a few are still killed there in (jujei j)laces. There was a beautiful colony at tlie Steeples, dose to the Weatiiort liglitliou.se, but whca I the (lovcrnmeiit opencil a sea.son for sealing, a few mouths sinci', a jiarty went out in a InhiI fmm Westport and butchered them. That was already regarded as a i)ast place for sealing whfj Bruiiner explored that coast by lan writes : 'There an^ also several establishments for the seal ILsherj on the coast of New Zealand or on the small Islands in the vicinity of the coast. \ numlK'r of m]m I are laiuled and left to kill and skin .the seals, many thousands of which are destroyed in the cmirstfrf a few months.' Karlier than this, in 1815, tlic^ Itev. S. Marsden, the Hrst missionary in Now Zcidanii, writes narrating the adventures of the Maoii Cliief Diraterra and ten 'Tabitiaus and ten Kuropcuns who were placed as a sealing jparty on the Pounty Islands. They suffered great privaticms, but iiiiil'ew| months, on si.xteeii rocks 'vitli a total area of about 100 acres without vegetation or >vater, killed i skinned 8,000 .seals. This is enough to show you that once these places were den.sely jicopli'd wiii I seals. The (.'hathani I.slands were another sealing ground, but of them I know very little. All this relates to matters which haiipciicd so long ago that sealers arc a dead race, while, as you know, wlnilcn who came later or lasted longer are only represented by a very few old men. As for niidille-ajed | natives like my.self, we heanl in our youth of whales, but not of seals. " Sealing has been closed for a gooil many years, Ijcfore which the Maoris of IJiverton used to I visit the west coast and get a few, and though poaching never wholly stopped, it did uot pay vctj well. This year a sajiieiit Government has opened a season, and two vessels have been sent to the islands. One reports getting 150 from the Chalb.ums and Bountys, and the other 450 from the Audi- land, but there i.s some underhand work over ii, and more may have been got, as the crew arc accused I of stealing 300 skins. This is by far the largest take for many years, ami has, I think, about (iuished the fur-seal in New Zealand waters. " I visited five groups of islands last year in the summer, and saw one fur-seal, and from this and | other facts concluded that they were very scarce now. " Now, as to tlie cause of this, there is but one answer. Beckless killing and disturbance in the I rookeries. Mr. Dawson need not trouble himself about pelagic sealing. There is not and never™ such a thing in these waters. Yoa could not have it in our wide and angry sea. Calm days are olmoit iliiliippi tts unknown where you Ret south of New Zealand, and I never heard of seals Mng seen In ocean. Certain it is that ocean sealing is and always hns lieen an nnknowu thing here. the open "In Ui'cember 1887 som« very intcrostinf,' articles apiK!areUl to Dr. Dawson, dated Stoekholm, Stpttmhtr 2, 1891. Jfv i>eTsonal experience nbout the higher animnl life in tho Behring Sea io very limited, and all the iiil'ornuUiiin I could collect you will find in Chapters XIV nnd XV of the second volume of the " Vi'i'ii Voyage," which work, perhaps, can be useful to you by my references to the older literature, to whii'ii 1 liad n fuller access tlmn any of tho previous authors on the subject. The collections of invertcliratcs brought from tho Behring Sea nnd tho adjacent part of the Polar Sea by the scientific < Btnir of tlie " Vegn " were very large. 0. — Observations on Sealinff in tlie Southern Hetnispliere in the yean 1873-76. In iidilition to the notes contained in the published volumes relating to the " Challenger " I expedition, Mr. John Murray hns been so kind as to furnish the following information : — " Challenger " £iij>edition Offiee, 45, Frederick Street, Edinburgh, ■IX'iir Sir, September 2, 1891. " 1 liave been fmm home for some time, otherwise your letter of the 2nd July would have been I answered long before this. [, " I fear I have very little informntion to convey with reference to the seal fisheries of the south. IaU the t'nr-seals tlint we procured were killed on Innd, and it was the hnbit of the senl-fishers we met [tbus to capture nil their nnininls. Wo saw very few seals fnr from their breeding plnces. We snw only f tliico or four on the southcni ice. All the seal-fishers we encountered in tho south were from New iLondon, U.S.A. In our time there were no Australinns engnged in the trade. There were immense feiiun)bcr.s of .sea-elepbnnts killed every year on Long Beach at Herd Island. Men wintered there for Ithe purpose of killing them when they came on shore in tho early spring. We saw the sealers kill [twenty-four fur-seals one day by landing on Swain's Islands where tn y were breeding. " We found that some fur-sealing was done at the Falkland Islands. You could get information aa tto the present state of the trade by addressing a letter to Mr. Deans, Stanley Harbour, Falklands, or [yon »ii<{iit address a letter direct to the Governor of the islands. " trusting that you will ha\a had a pleasant trip to the west, yourii was covered witli a granular deposit iu tlni portJ affected. 6. Both the alienee of food as well as tlio condition of tin; rcspimtovy organs are siilliiiont t* account for the death of tlio aniinnl ; hut which of the two was Ihn primary cause precudiug the i,tu I is impossible to say. 6. A small and tliin noiuatoid worm, from 1 to 1^ inches long, was foiinil in considerable ninnljen in the lower half of the sniiiUer intestines ; one specimen to, i)erhaps, every 2 inohas of inlcstim They could not liavo caused any inuonvanicnce to the animal, anil, in fact, tlieru was not tlie ,Hli);liu.ji sign of irritation in the nmcous membrane. (Signed) A. (ilfNTHKi!, ^AZ;, British Mnaeiim, Janiittri/ 26, 1892. fii; ■IV rn 11 -QueBliotu in rei/ard to Sheep in tlie Bvetding Seawn, lindhj niMWcnd by Sir Snmud H'ilsun, .V,p 1. Is it common and easy to make ewca suckle otliur ewes' lambs f — Ves, It can bo ellei'toil |,v i putting the skin of llio ewe's dead lamb on the lamb she is desired to adopt, or by holdlui,' liormji getting the lamb to suck her for a few days, when she will take to it as if her own jn'ogeny. 2. Is it alisiilutely certain that lambs always know their Own mnthorM, and never get milk IVfia i any other motiier unless forced to do .so by man ? — Ewes always know their own lanib.s liy sniellinjl them. A ewo will not allow a .strange lamb to suck her if .slie notices it, but sometimes a laiuli iiotlml own may come up on the other side wiiile siie is suckling lier own lamb, and may unnotieeil hyliftl suck her for a time. ' | There are motherless lambs whicli go about in this way, and manage to live by what tlii'y can I Steal, and the gi'oen grass, whicli they can soon digest, even when a few days old. I Limbs at ii veiy early age do not, I think, know their own mothers, but will run up to any wi bleating for the lamb, and try to suck her, when the owe at once knows if it be lier own lamb, audi I not drives it away. Older lambs know their dams by the voice. .3. Is it usual to lead ewes accidentally deprived of lamlis to suckle other Iambs, whether unc ml twins, or having lost their mothers ? — Where the breed is valuable, all lanib.s are " mothered " to ewl that have lost their own, and sometimes one of twins is jmt to a ewe that lias lost her lamb. ?]wes lambing at large in ))addock.s, however, are left to do as instinct directs, and fewer lanilj,sii| proportion are reni-ed than when well cared for. 4. If .so, what arc the measures adopted f — rutting motherless lambs or one of twinstnartj which has lost her lamb. 5. How many ewes will ojie ram servo effectively in the season, and how long does tlii' s««| last ? — Ordinarily one ram is put to fifty ewes running at large in [laddocks, lint a ram that is weilfcJ and only allowed to serve a ewe once, may get 200 lambs in a season. liams are usually kept with the ewes si.x or seven weeks. C. Do the rams eat as much, and the usual fond, during the rutting season? — The rnnis catiil usual when serving the ewes, but fall otf in condition owing to running about after the ewes. If | artificially besides the natuml jiasture they would, I think, consume more food while serving tli^ etral than at other times, but tiiis I have not tested. 7. What is the proportion of male tSka-Lion {Olaria atelkri s Eametopias sttlkri uf some iiutliors), the largi'st uf tli« whole group ; found on thu I'acitic coast of North Americti from California to Alaska; I'aciKi' cuii^t 4 Asia from Ja])an northwanis into the Behring Sea. 2. The Ualifohnian Sea-Lion {Olaria cali/vniiana = Zalo/ihus cali/oritiana = Olaria :iille.iiiii\ inhabiting thu cuiista t>f California and Japan, but nut entering thu llehring Sei. These two are huir-seals ; the next is a fur-seal. 3. TiiK NoKTiiEKN Fuk-Seal or Sea-Beak {Oiaria ttmtui = Callorhiiim wdnu»). iniuiliits tin North Pacific from California and Japan northwanis into the Behring Seiu The main character by which this animal is distinguished from all other Otariidce, and which has been considered by Gray and most later writers to entitle it to generic distinction, is the form of the fore part of the skull, which is short, broad, and high, being as it were tnmcated in front, iii.stciul (jf low and narrow as in all other species. By this general aspect the skull can be distinguished at oiict from that of any other. The molar teeth are six above and tivu below on uach side. In the tw(> otlier North Pacific species they are five above and five below. The external characters need not lie uiiieml into here, as they have been obundantly and minutely described elsewhere.* The distinctive characters and geographical distribution of the si)ecies of Olaria inlmbilin;; the seas and coasts south of the Equator, and met viith either now or furmcrly in all suitable lucalltitg round the whole circumfei'cnce oi the globe, are, as stated above, less accurately determined, nor u tliii the place to attempt to unravel tliia purely zoological problem, but the following may be mentimicil u best established. 4. The Southern Sea-Lion (Olaria jubata), formerly abundant on the Falkland Islands and the coa.sts of Patagonia and Chile, extending as far north as the Galapagos Islands ; an animal nearly ai large as the Northern or Steller's Sea-lion, but easily distinguished from it by the form of the skull, especially of the bones of the palate. This is not a fnr-seal. 5. The South Amebican Fub-Seal {Otaria audralis = Olaria, falklandica " Arcloirphalu auslralis and falklandiais), South American coasts, from Lobos Islands near the mouth of the Rio de la Plata on the east, to the Galapagos on the west. 6. The South Ajbican Fuk-Seal (Olaria piisitla •* Arclocephalus anlarcticus), from the Cape of Good Hope. 7. The Australian Fub-Seal {Olaria forsleri » Arclocephalus cinereus) of Australia, New Zealand, Auckland Islands, &0-. 8. The Australian Sea-Bkau (Olaria Idbala => Zalophua luhatut). A hair-seal from the Australian coasts. 9. Hooksb's Sea-Lion {Olaria lunkeri — Aretocephalm hookeri). Auckland Islands. Also 1 1 hair-seal. «. W. H. F. ifay 1892. 14. — Lcltcr from Captain David Gray, I'eterlitail. Sir, Peterhead, June 3, 1892. , I hod the honour yesterday to receive your communication, asking for information regunliiig the hair-seal fishing in the North Atlantic. The Jnn-Mayen < jonvention provides that no seals aro to be killed within tlie limits detailed in the Act, nomely, from latitude 68 N. to latitude 75 N., and iVom the meridian of Greenwich west to the Greenland shore. The penalty for killing a seol befovo the 3rd April is 500/., payable to the informant. There are no police required to enforce the close time ; each ship's crew looks after their neigh- bours, GO that the close time in the Greenland seas has been very strictly kept. The effect of the close time on the seals is to protect them during the time they are bringiiii; forth their young, and gives them a few days' quietness to nurse them, and is beneficial in so iar that it prevents the old seals being killed before the young ore bom, ond also allows a proportion of mother seals to escape to continue the species ; beyond this the close time does not go. The young broods weie very often clean swept up, so that not one escaped. The Newfoundland seal fishery is conducted in a different way ; the St. .lohn's people, having the control of the fishing themselves, do not allow the ships to leave before a date. This year the 15th i March was the day fixed for the steamers leaving. Sailing-ships are allov/ed to sail eight days suouer, * Bm tifccidljr tlie «zo«IIeot '■ M«n«gnf h en Noitb Amcrioui PinDipcdi," by J, A. All«3, WuhioglOD, ISeO. 187 Tl • NVwfouiiilIiuiil*'™ ""'« *,'ives some general accou.it of the haliits of the soul, together with remarks on (lelagio icaliii", with which subject, however, Mr. Talmer wa.s not iiurHonidly familiar. Tho portion of tlio paper I quoted' lielow is tiiat giving tho result of Mr. Palmer's own observations i.iado oi. the breedi.ig islands, land is therefore, of value as a record of tho coiicliwious thus arrived at by him ; — NXTUIUIi IIlSTOUV. I (Rend Fate of the Fur-seal in America. before the Biological Society of V^iwhington, District of Columbia, October 17, and illustrated by Lnntorn Slides.) TIk! present condition of the Alaskan fur-seal islands is but another illusti'atio.. of the fact that Itho ii'iioniiicc, avarice, and stupidity of man have succeeded in reducing an overwhelming abundance of laniiuTd life, that by careful and conHiderate treatment would for ever have been a source of immense Iwealth, to such a condition that it becomes a (piestion of great moment to devise nie?ns to prevent its lexteriuii.ation, and adopt measures to restore its former abundance. But pelagic seal fishing is not the only cause of tho decrease of seal life on the PribylofTs. Probably, an equal cause is the unnatural method of driving seals that has been followed on the lislands since' the first seal was captured. I Tho mere killing of seals na conducted on the islands is as near perfection as it is jiossible to get lit Tliey are quickly dispatched, and without pain. One soon recognizes, as in the killing of sheep, mat in the quickness and neatness of the method lies its success, all things considered. I But the driving is a totally different matter. I doubt if any one can look upon the p'xinful exer- |tioii3 of this dense crowding mass, and not think that somewhere and somehow there is great room for improvciueiit. It is conducted now as it always has been : no thought or attention is given to it, and, irith but one exception, no other method has been suggested, or even thought necessary. Each ii iihuIh to vkiiiovc tho rockn or tn h-nnrnx tlitt iliniciilticR of tlic iiOHtiiKr, mid i|ji> ^^ are Htill driven ]M'll-nioll over luijji' idcks and down .hUh']) imlinivs, wlicri' many nn- rrualifd itnd jnjn,^ Jiy the Iiurvyinn mass of tlio.sii lioliiud. Wliou thi- drivi' rimclii'n llic killing' ground it is rmindiMl uiumi loft in clinrjfc of a ninn or lioy to await tli« kiHin;;, whii-li Ix'^ins at 7 A.M. A jiod of ix-rlmpH sixty swj, uro thon cut out rf the drive and driven to tlii' killurx, wlio with lonj; wooden chilis stun lllllsl■«^.^ that aro of projHT Hize and conditiiin hy a blow or two on tnii ol' the lii'uci. Tlic scaln that arr nut i(ili„| are then driven away by tin jiann and a jjivat noise, and while in an excited and over-healed i oiiditiou niih, a.i fust as it in pos.sihUi lor n neal to f^o, into the icv-cohl waters of Helirinf; Sea. It will thus he Seen that these seals are suhjected on an avora^;e I'roin li o'clock in the nKprinnj until 10 to a loiij; ilrivo over very rouKh ground, then to a dense lierding, where they are continuiillyiii motion and crowding each other, thence to an intense e.Nciteiiient on the killing fjronnd, and tiiiiillyi, I ft condition little better Hian nindness rusliiiiH the very m xi day an obliged to repent the process, and again and again throughout the season, unless in the meanliuii! tint have crawled ont on a bench to die, or have sunk e.\haustud to Iho iMHtoni. Tho deaths of these scaii are directly cnnsed ns I shall o.xplnin, nnd, as far as I nm aware, it is mentioned now for tlm tim time. A seal liody may be said to consist of three ])arts, an inner, which is the llesh, bones, &e., a riiiiMji I fut surrounding this of from 1 to 4 or '> inches thick, and tliuii the skin which carries the fur. I think it will be readily se<'ii that a forced drive for a long distoiico over rough ground, up and down hills, anii over nnd among huge Ixmlders and fine sand, with a subsecpient herding, and then alter a nawi violeBt e.xercise a sudden buth in icy cold water, must of necessity disturb that equilibrium of vilid fdiw, whiuh is essential to the good health of any animal. It is known that the stomachs of the fur-scalsoi tho islands contain no food, and that in all probability many of tlu^m have fasted for several wech When driven into the watiir the seals aii! weak fmm two causes, tho drive and lack of food ; luloit they can secure food they must rest, and rest is only obtainable at the expense of that most vii»l necessity of these animals, their fat. I remember looking with great curiosity for the cau.se of deal of the first dead seal that I found stranded on tho beach. Kxtcrnally there was nothing to imliaitit but the first stroke of tho knife revealed instantly what I am conlident has been the cause of dratk of countless tiKaisands of fur-seals. It had been chilled to death; not a ti-aee renmined of the fat tig had onee clothed its body and protected the vital organs within. .Since the day that it had esMpdi from the drive, it had consumed all its fat in the ell'ort to keep warm, and nothing remained butiofcl down and die. 1 ojiened many after this, and always diseoveri^d the same, but sometimes an additiunjl I cnuse, a fractured skull perhaps. I linve even noted tho.so lell beliiiul in a drive, and watched tiien I daily, with the same result in many cases. At first Ihoy would revel in the ponds or wander anio:^ I the isand dunes, but in a few days their motions became distinctly .shiwer, the curvature of llii 8)jiii(| became lesseneil ; eventunlly the poor brutes would drag their hind flip])ers as they moved, nnd ini| few days more become food for the foxes. In every ease the fat hnd disappenred. It will be seen also that by this driving process the 2- or .l-year-olds, which are tho onlyoMl killed for their skins, are culled out almost completely from the .seals which visit these islands, mil therefore that very few male seals ever reach a greater age ; conse(iuently, there are not enough yo bulls growing up to supply even the yearly loss on the rookeries, much less to provide fur mtI increa.se. ' I It shouhl also he thoroughly understood that until a cow seal is .T years old she is but a cyplicriol fai' as 11 natural increase of the rookeries is cniicerned, and that a male seal must be at Icost 7 or 8 yeanl old before he can jiossibly secure a fofiting on the rookeries. During these 3 and 8 years they hftvet)! run the gauntlet of the poachei-3. If they escape the driving — and this seems impossible — tlieyjianl their natuml eneiiiie.s to encounter, sharks and killer whales, .so that taken altogether, nearly oveiT-| thing is against this increase. During the eight years' minority of the lew male .seals that have escaped their enemies it is safi;,ll think, to a.s.sume that at least four summers were .spent in getting an experience of the drives. I)oei| any one think that they were then ii-ible of tilling tlioir la-oper functions on the rookeries ? But some one is not .satislied 'vit.h the accidental landing of the seals on the benches, from wlieiwl they can be easily driven. Along t;i" sea edge of the rookeries are many .small outlying iwk.i,(«l which the ycniig male seals coujirogate in large numbers ai'.d survey the rookeries from which tlieil are di.sbarred by their inferior m>.. .iii ..' strength. An old bull seal will suffer himself to bo slauf;hteiiiil rather than yield an inch of his ':!i:;.,en locntion. The cows are so timid that only the greatest exertioml of the bulls prevents their being stam])eded, while as to the " lioUuschickii^ " tho sight, even tlic scem| of a man or strange object will drive them pell-mell instantly into the water. The natives have been provided with wl.i.stles, and when a boat finds it.self near a rookery (and 1 1 pretence for its presence is easily found) good use is mmle of them with a consequent confusion ainoDjI the seals, and u probable increase in the ne.xt morning's drive. And yet a stranger on the i.slaiii is| bamboozled with the information that his presence a few yards from tho village is fraught withprail danger to the Company's interests. I The breeding seals on the rookeries represent the principal of the sealing industry, while the quwl of 100,000 skins taken annually for the past twenty years is the interest on the principal. Uwiugttl poaching and the effects of driving nnd culling the principal has become seriously impnired, .so that ill is no longer possible to pay this large rate of interest. The M-ork on the islands has been direct(j| entirely to collecting this interest at any cost. Tlie principal was left to take care of itself The decrease in seal life began about ten years ago ; before then it was an easy matter to secul 100,000 skins a-year from St. George's Island, the rookeries near the village of St Paul, and at Nortel east I'oiut. The rookeries at P it beeniiia nl>«olut')ly necessary, places, nnd the custom bus beet Hut these drives from Pol carefully coiicenled from theUo' Im'cii strongly imt forth iti the liiive actually griMitly increased " .Mmiiigliiph of tlie .Seal Isliiin pre^ciil oil the isliilids, will eoli\ aliiiiisl worthless when dealing i How can it bo otherwi.so t Trciusiiry ; with every change of nieii are entirely dependent on visitors to the islands are n^ganl It may he interesting for a ScH with our own. I»r. Stejne^ (.'oiiiiiiaiidcr Islni. Is, assures me ill iiiiniliei's. A eomiNirisnn of the it'iison. The necessity for f fixed fact in the minds of the I I'liiiylolf Isliiiids not the slightef tiriii in the belief that their intei made, it is composed of many si; .small seals iinfii for killing are p it i.s ciiiiip.ised nlinost entirely of On the American side, on weeded Mit being tlio.se too weak the greater number nro nllowed killed ; the rest wvru relensed. belong to the liussian Ooveriimei rights for that purpose ; but on tl the Company's peojile, that they collect the ta.x and ap))oiiit Agei utterly dejiondeiit on the .seal di sdinehciw the (iovernmeo?-, is a bi tiieir interests. I^eah'is have no doubt ubi ' (Viniiiiaiider Isliiiuls, or within [\ •Imt tlicy have heretofore done ns 'In the akscnce of the reve,nue-ci \ lie milled. I have only touched lightly i ?e.xhau8ted the subject; but eiiou;. smiinths ago was expected to jiay [great iiiituiid exhibit, the only om I Fur twenty yeais the fur-seal h fexperieiicc on the one hand, and [waters. 'f help are then two chief ciiu.' jlieliring .Sea, and the driving and 1. No seals should be killed 1.'. AH seals driven on the isl f cuter the sea. These remedies are not new. I nnd exporienct! of sealing are secoi jkilled, none slioidd be allowed to [evidence then, and which, in view |are now liegiiining to be accepted There should also be a close jiiiid then hy careful management i [ledge and care of animal life, a ric United States' National Muscu 189 t I'oiiit Till' luokuricH at I'lilaviuiv and Zajmdnio wuru tlioii iiuver tlrivcii fniin. Hut ten years ago '"^ j„ig'„jMioliit')ly imrossnry, in order to Heciiro th« full quoto of skins, to innkit ilrivos from tlieae iliufs nnd tho custoni bus Ijucu continued sinw, to the fivvnl injury of tlio sual business. '"' lint tliesi- drives fmni roliivina .uid Ziipadnie. uml tin? dfcrcusc in si-ol life, suem to Imvu bopu lltH at aro • iri'fidiv coiicenli'd from the (fuvi'r-.ment iinil otlicrs interested in tliu widfaiv of the seals ; iu fact, it has I .'11 stionLdy imt furtii i'l tin; lti'l")i'ts of the Treiisury Agents in clmij,'L' und elsuwliere that the seals I live iictiiully Kreiitly increased in nuiidiers; Imt a conijmrison of tlio sketclies alone in Mr. KUiot*'" ''M(iiiii"iaiiii of tlie Seal Isliuuls," made in lS7,i-74 and 187i), witii the actual uondition of atl'airs ■ J.,,,",,,, fill) jslunds, will convince any one tliiil the opinions aim lioimrts of pcditicnl a)i|)uinteus t I'liuiiRt wortliless when dealing with tln' falu of the fur-seal. lli)\v are the management of the Russian side of liehring Sea with our own. I Ir. Stejueger, of the National Museum, who has spent .several .seasons on the L'oMumuitler Islar. Is, (issures mii that, instead of decreasiufi;, tho fur-seals there are actually increasing in numlieffl. A comi)ari8nn of tho Russian ideas of seal nuinagement with our own will readily show the a'uson. The necessity for great care in the ilriving and management of the drive .seems to Ijo a fixi'il I'licl in tho minils of the ltu,ssian otlicials ami natives of the ('ommander Islands, while on the prilivliil)' Islands nut the slightest interest is taken in the matter. On tho Russian side tho niitives are firm iu the iiclief that their interests lie in the juiiper care of tho seals ; consenuently, when a drive is maili', it is composed of many snudl drives carol'idly selected ami .slowly driven, so- that tiu' largo and jiiimll' seals unlit fur killing are gradiuilly woedoil out, ano when the drive reaches the killing grouiuls it i8 cdUiiLised almost entirely of killable seals. On the AuK'rican side, on the eoutrnry, the soals ale driven as fust ns possible, tho only ones WL'ciU'il ( ut lieing those too weak to go further, while of those rounded up on the killing ground by far the "renter nuudier aro allowed to escajH'. Out of a drive of 1,1 (Kt coinited by me oidy 120 were kilieii ■ the rest were released. On tho Russian side, it is a settled fact that the islands and seals holong to the Russian (Jovernment, nnd that the t'(Mupany taking the skins has only certain restricted riL'lits for that jmrpose ; but on tho American side it seems to he a settled fact, at least in the minds of the Company's ))eo]ile, that they own the .seals and the i.slands, while the duty of the (loverninent is to collect the ta.x and ap|>oint Agenf.s to subserve the interests of tlm (."omjuuiy ouly. The natives are utterlv deiMindcnt on tho seal ('(unpany for their support, and while having a very vaguu idea that .somdiDW the (iovernmo"t is a big thing, they naturally look to tho Company for everythii\g affecting their interests. Sealers have no doubt about the fate that would be their lot if caught poaching on tho Commanilcr l.slaiuls, or within 3 miles of their .shores, and accordingly have given them a wide berth ; Imt tlicv have heretofoi'C done as the\- jilensed about the I'ribylolV Islands, aiul even on tho rookeries. In the ahseiice of the revonuo-cutters the islamls are utterly defenceless, and liable at any time to be raided. I liavo only touched lightly u])oii several questions of the sealing industry, and have by no means xlwustcd the subject; but enough has been .said, I think.Tt) show that if an industry which eighteen mtlis ago was expected to (lay the (loverninent a net [Ji'olit of over 2,000 per cent., '\nd is, besides, a jrcat natural exhibit, tho only one of tho kind America can produce, is to bo saved, reform is necessary. ' ir twenty years tho fur-seal ha.s been the .spoil of politics and the victim of the poacher. In- perioncc on tho one hand, and avarice on the other, have well nigh ruined the industry in American liters. riiuiP are then two chief cau.ses of the decrease of .seal life on the I'ribylull Islands — poaching in liriiiy Sea, and the driving ami culling of tho seals on the islaiuK The lomedy is sim[)le: — 1. No seals .should be killed by any one at any time in the waters of Hehring Sea. 2. All .icals driven on the islands .should be killed ; none should be driven and again allowed to uter the sea. " ^ Tliesu remedies are not now. Nearly twenty years ago Captain llaniel Webster, whose knowledge 1 cxiicrience of sealing are second to none, said, pointing to the drive, " Every one of them should bo Ucd, none should be allowed to return to the water," anu gave reascuis which, while unsupported by idenoe then, and which, in view of the immense abundance of seal life, .seemed ab.siird at tho time, re now hegiiming to be accepted as true. There sliouUl also be a close time for at least five years to allow the rookeries to be replenished, lul then by careful managcmont by a bureau and employes of the (ioveriunent, tmined in the know- dge and care of animal life, a rich and profitable industry will bo saved. (Signed) WILLIAM PALMER. United States' National Museum, Washington, D.V. t'nr l!( ■■,t:ll! ' mimmimm mtft^wm^^w^^ 300 ]fi. — Extinrt jritm the MeVmiintt " Arijiis" Dtiemhrr 17, 18S7, rr/iTivd to hy Mr. F. Chapman. SKAi.Kiis AT Work, (Hy Jniiics M'Gliic, survivor from tlio wreck of tho " Derry C'.istle.") Wlifii 1 wioto tlic luomiiit of "Lift! on tin- Aucklaiiil iKlniuls," wliicli lias just appenrcil iir'Tl,! Ar^us," I ]iur])o.soly said iiotliin^; about the Awaiua iioiieliiiig seals when slie visited Tort Kosr, ami pic^fj I us uj) while we \\eu' east away tliere. It did not heeonie nie to tell tales ajjaiiist my bcnefncUir, Im I inasmuch as the ca])tiiin's adn'iissioii of tlie ]icaehiu<,' has lieeu published in all the iicwspaiiers, 1 1„„ as well descrilie Low srtd huntinj,' is done. The work is tlie most daujjerous and arduous that mcncaiil do. It is besides so ill-paid, that lew but Jfaoris will undergo tiic risk and the hard.ship on the tcniLiI which i'u.ay for the stores the Maoris got nothing lor tliej, I work, while the owiier ha,s the )iiolit of the skins at tlie ])rice they are worth in the I.«ndon iii!irkett(,l rocouj) him for the use of the vessel and fi>r paying tlie ca]itain's wages. The rule, I believe, istliati the scalers have far worse than i: sailor's life at less than a sailor's pay, but year after year crews an I found ready to engage in tho chase. The men are engaged by a Ileadman, to whom alone tlieyanl subject, anil who directs the sealing operation.'. The ciew (tiirough their Chief) determine wlintiilacal shall be visited, and when they shall teturn home. The captain has simply to navigate the vessel fMi, J one haunt of the -seals — callccl a "rookery" — to another, in order that the men who are on shares mat | have the best o|iportunity of doing well as far as they are inclined out of the trip. • «•••«• We agreed to go with the sealers, and fm-thwith all hands set about preparing for the expedition,! repairing tho whale-boat, cutting seal-clubs, making bullets, and packing up. Then a start Wiis ir for a " whig rookery " at I'jiderby Island. A " rookery " is a liome ot seals in the interstices of rocbl near the water's edge. AVIiat sealers know as a " whig rookery " is one which is only occasionally tl« I haunt of adult .seals, and is not a breeding place. The " take " depends upon whether the seals liappeil to be " at hotne " or not. They were not " at home " on this occasion. The next "rookery" chosen for a visit was at North-west Cape, 7 miles from Port Iinsis, a across mountains over 1,000 feet high. We found the tj-ack blocked up with .snow, so while wewl snow to melt on the hills hunting excursions were made, and three wild pif^-svieiil for tlie waitinj; killed. The seali>r is armed with a club, which is a stick with a hook at one end. The club is used stnn tlic seals by .striking them on the nose at close (|unrter3, and the hook serves to bring tea haks«ali| which arc escajiiiig from their litilcs, or rookeries, into the .sea when they are attacked by the Ininteuf To reach the mokeiies, Mhicli are on the face of steep dill's, invariably on the weather siili' (iftlKJ islands, the sealers have to travel over the nuainlains trom the slielteieut it is in descending tlie clilTs to reach the rookeries that the dangerous ]jail of the work is done. Soinetiiiics there is a sheer descent of 1,000 feet to the s?i,o(| the edge nl which the, .seals ninke their htiiiie. The men are let down one, after another hylliciil companions, some of whom remain above to haul up their comrades and the skins when the liuiil ill over. When the scene •■i aclioii is reached the lidots are roiilaced with a sort of plaited sli])]iL'r, luadtl by tb.i^ Maoris, and which gives a belter foothold on the .slippery rocks when leajiing about al'lor tlii| escaping seals. The rookeries are formed by ma.ssc8 of ro",k falling from the cliffs. In time tlioypij covered over with earth, so as to form a sort of roof It is only in these phicos thot the fur-seal, wliidj is the valuable article of commerce, is found. The hair-seal is of no value, as the hide is too oily totul into ordiuiiiy leather. The seals go into the rookeries to breed and to sleep after a spell at .sea, aiiiltli| hunteis have locreei> '"'" ''"^ holes and crevices between the rocks to get them. The .seal will fijkll liard when put to it. The old seals are mostly spared, as their fur is often torn from tighling, oiwonj oiTby rubbing against the rocks, and they are lelt to multiply the species. When an old seal is null with the lUintev lies ]ierl'ectly Hat, and allows the animal to creej) over him. Sometimes the seals i.'dl so fa.r back in the rocks that a man cannot follow them, in which cute they are pulled out to a iiwl ojicii si)ace by means of the hook and clubbed. While the hunters nre raiding the interior of lUl rookeries, some of the ]mrty slay outside to intercept any that may try to escape, like fox leiTkitl watching the Imles of a warren till the rabbits bolt. After knocking all the seals on the ikw aiii| sticking them in the first onslaught, the liunters proceed to skin the animals. The carcasses aio tlmml intfl the water. If lliey were left on the rocks the 8»als would avoid the place for a consideniWil time. The North-west Hookery, which, as I have said, was one of the first visited by the party, canonljl be reached by (Tossing r "razor-back," or conicftl-shajied causeway, which conies to a sharp point wt*1 the sea, 700 feet below, on both sides. Some of the men walked it, btit others of less iron >■ .itl 17— Ki/racts er siilc of tin I 191 I ,j^,t,|-addle. The danf^er is increased owing to the friable nature of tho soil, which slips from "br tlie feet. The 7 miles walk to the rookery and back to Port Ross is one of tho most severe on I'l"' iiliuul A fo" came on, and the party lost their way among the hills. Thoj divided into pairs, and clmtMid not get back for hours after the others. ' ^ ^ . \ rouch trip was made in the whale-boat to the Government depot at Carnley Harbour, in the 1 ''tliat some l)oots would be obtained for our party, who much needed tlioiu, but there were no boota (luMO ■ but we got some clothes. \ .start was made acro-s-s the island next morning to the IJed Rock Rookery «,. liie western side. Oin loiii'est rope (1,000 feet) requireil thi-ee men to carry it, each having a coil on his shoulders, with a htk piece between the bearers. The total descent to the rookery was 800 feet, a'nl it was undertaken hi twi) len"tlis, the first landing-place l)oing at a drop of about 500 feet. The firsi man who (tied by ihe waist) Is let down runs great risk from dislodging loose stones, which may fall iipon his head. As he ■Mies down, a look-out man, on a projecting point, gives the .signal to " stop " or to " lower away " I'l'om time to time. >Vhen five men got on to the first ledge, they helped each other to get to tho Ix)tlom while comnmnication was maintained with those overhead by means of notes stuck in a stmnd of the rope, which was hauled up on a signal being given. If firewood is to lie got it is thrown (Iowa on to the rocks, but at the rookery I am speaking of the .ihore was lined with plenty of fuel from the wreck of the " Dcrry Castle." After the sealing party had descended, their comrades made another trip back to the boat for more reouisitos for camping as comfortably as jHtssible, as this place is the head-quarters for attacking all the ir.okeriea in the locality, all of which are within a radius of 15 miles. On the fourth day the hunters reappeared, and signified to those who had kept a constant watch ,111 tlieir movements to see if they wanted anything sent dowii, that the hunting was over. They sent lip fiuly-two skins, which was more than they expected, and when tho whole of the party mustered aoiiiii on the top of the mountain, they were in very good spirits acconlingly. " The next rookery chosen for a nud was called " The Toint," because the lowering is down from the eiiil '^' " promontory. The landing-place is a narrow piece of sward sloping towards the seii, whicli is nlwit 101 yniils lower down. Tlie " Cave " Rookery, so designated bcajuse the seals are found in a natural cave, and the Xiiietecii Rookery, whose title indicates the number of skins taken when it was first visited. Thoso were assiiilcd in tuni, and while waiting for snow, which put a stop to further active operations, to melt, the skins were duly salted and rolled up in the pecuUar manner which prevents the inside of the |K'lt touching and injuring the fur. Tlie next and last rookery visited was of a different nature to all the others. It is " The Swinger," lieiaiise tiie sealers have to swing 80 yards across a chasm, through which the sen surges with great fmv, to gel to where the .seals are. The cliff is close on 1,000 feet high, and overhangs the sea. Tho art of getting safely across the chivsm is lo pi.ice the loop for the foothold in the rope at exactly the iiroiK'i length for the leap, so that you will strike the landing-place, instead of being dashed by tho momentiini of the swing against the i-ooks if the loop is too long, or swing fruitlessly back if it is too slioii. Only a few skins were got, and tho p.irty were greatly disappointed after all their risk and lalKiiir. Til', total take of skins was 178. .\ start was made to return to the vessel. Again heavy snuw fell, and it was not possible to leave Norman Inlet for two days, but finally the sebooiier was reached. • • • . • • ■• , *^yv On arriving lit the boat from Norman Inlet the »]uestion was debated whether we .should proceed [ lo tlie < 'amjibell Islands and prolong the trip at least two months, or dose it at once and get back [hiHiie. t'aptiiin Drew was in favour of coming away, chiefly Iwcause (he young soal-skins, which were 1 tlie givafer [Mirtiou of the take, were not properly " primed "' by ago and salt water to be of tho full ■ value. ' , •■ ■ . . • ' n lout to a urn I liiitevior of |k(' I'ox It'rriifll ll—Kjiraetjt/r ,/i Pitmphht hi/ Mr, A. IT. ,Seiilt or the Fiir-naili) of thf tioiUherii Hemitphdr, 1873. Ill " Mnnniialiu Iteccu^ and Kvtinct," published in Sydnijy by the Government of Xew South iWrtle.s Mr. \. W. Sei.tt writes ns follows : — "I have endeavoured ... by devoting as much .«imce as iny limits would ])ermit, to tho jroii.si(lii-,itiiiii of the nnimals whos.? pvoduct-s are of such comnieivial value to man, and whose extinction |wiml(l ,-^0 .•ii'iiously affect hia 'interests, to jioint out the jiressing necessity that exists for devising the |iiieaii6 of |)ixiieetion for the fur-seals and the siH'rni and right whales of the Southern Ocean. • ••••• ■The islands of the Southern Seas, now lying barren and wivste, arc not only numerous, but Ittiiiniialily suited for the jiroduction and mnnageinent of these valuable animals, and need only the |siiii|ile l!e','Mliitions enforced by tho American lAfgislature to resuscitate the present stale of decay of a limee iviiiiinerative trade, ar.d to bring into full vigour ar llier important export to the many wo liilTOuly pos.-iess. "A iletailed account of the habit.-, i.f the tur-.seal of the Auckland Islands has recently been given Iliy Mr. Miisgiiive" (narrative of Ihe wwck cf the ' tiiiifton," Melbourne, 1805) " which be acquired Jduriii;; a eoiiijiiilsory residence in their midst of nearly twenty months. Of tlu^ females, he relates that I' tlieir nose resembles that of a dog, but is somewhat bwailcr ; their scent appears to 1x3 v.^ry iitni'.e. Tho (■yes aiv large, of a green colour, waterv, and lustreless. ^Vhen on shore they appear to lie constantly ie.'iniij;. ' III the latter part of l)eceinl)cr, mul durins' the whole of Januarv, they arc on shore a i/reat pBPP«f^Wi^^ipPW»WBP9SPI"i!l" mmmmmmf^ WiPW II. W I' I !<»> '4 192 deal," and go wandering separately throi'gh thi; buah, and into the long grass on the sides of the muuii- tains above the bush, constantly bellov.ing out in the inost dismal manner. They are nndoMlitedlr looking out for a place suitable for calving iu. I have Kno^ii them go to a distance of more tliaii a mile from the water for tliis purpose. " ' Females begin to breed wheu 2 years old, and cui ry their calves eleven months, and sucklo ilicm for abont three months. "' Before they havo their calves the cows lie sometimes in small mobs (from twelve to twenty), a, well as while giving suck, and there are generally one or two bulls in each mob. The cows are eviilentlv by far the most numerous.' "Of the habits of the very young, he says: — " ' It might be supposed that these animals, even when young, would readily go into the wuter— that being ow, of their natural instincts — but, strange to say, such is not the case ; it is only w iih tin. greatest dittioiltj-, and a wonderful disjilay of patience, tiiat the mother .succeeds in getting her younn iu for tlio first time. I luive known a cow to be three days getting her calf down half-a-mile, and into the water ; and, what is most surprising of all, it cannot swim wheu it is in tlie water. Tliis is ^ most amusing fact. The mother gets it on her back, and .-^wims along very gently on the top of thf water, but the poor little tiling is bleating all the while, and continually falling from its slippery ]iiisitioii, wlien it will splutter about in the water precisely like a little boy who gets beyond his depili ainl cannot swim. Tlien the mother gets lieucatb it, and it again gets on her liack. Thus they go mi, tl;o mother frequently giving an angry bellow, the young ime constantly bleating and crying, freiuuutlv falling off, .".phUtering and getting on again, very often ,getting a slap from the Ihpper of the niothei, and sometimes she gives it a ver}' cruel bite. The poor little animals are very often seeu witli tlitir skins pierced and lacerated in the most frightful miuiner. In this manner they go on imtil tliuy li.ivo maile their passage to whatever place she wishes to take her young one to.' " Ihe males arc ilescribeijl thus : — " ' One of a nu^diuni size will measure about 6 feet from nose to tail, aud about 6 or 7 I'ect in circiunference, and weigh about 5 cwt. They by far exceed tliese dimensions. The fur and skiii are superior to those of the female, being much tiiicker. On tlie neck and .shoulder? he has a ihiiktr, longer, aud nnich coarser coat of fur, which may be almost termed bristles ; it is iioTn :] to 4 iiichts long, and can be ruffled up and made to stand erect at will, which is always ■ r le .. ■ Mioy attack eacli other on shore or are suiiirised, sitting as a dog would do, with their '. ■! ";•- \' lookiii; towards the ob,ject of their .surpri.se, and in this attitude they have all the appeaiu.ico <>t a hon. They begin to come into tlie bays iu tlie montli of October and remain uril the latter end of February, eacii one selecting and taking uji hi.s own [larticular beat in a great i..casure ; but sometimes tiiore are several about the same place, in whicli case they fight most furiously, never coming in contact with each other (eitlier in or out of the water) witliout engaging in the most desperate combat, teariiiL; lawc pieces of skin and flesh from each other; their skins are always full of wounds and scars, wliicli, however, ajipear to heal very quickly. "' \t tliis place we saw hundreds of seals ; both the .shores and the water were literally swariiiiBj; witli them, both tlie tiger and black seal, but i.i geumal the tiger seals keep one side of the liailiour,' and the black seals, which are much the largest, the other side, but in one instance we saw a blauk iind a tiger seal lighting ' " Mr. Morris, of Sydney, for many years a sciiler by profession, iu addition to the inforiuntion already ijuoted in j). 15, has kindly furnished %ie witli the following interesting particular.s of the history of the .southern fur-seal fishery and the habits of the animal, which have the advantage of being derived from his own pejjfional experience. " From him I learned the following particulars : — " ' The females in Supteuiber come on sliore to pup, and remain until about March. The inijis ait born black, Ijut soon t.iunge to grey or silvery grey. The herd then go to sea for the reiiiainir'; portion of the year, returning again in September with regularity. "' During this aliseiice in the seu the male pujis have changed from the grey to alight I ■ >; colour, while the females remain unaltered. "'In New South Wales the sealing trade was at its height from 1811) to 1820, the firsl s it : promoters of which were the Sydney firms of Cable, Lord, and Underwood; Eilie and Jones; nir and Hook aud Campbell. The ■\essels employed by them were manned by crews of from twenty-dve to twenty- ^ight men each, and were fitted out for a cruize of twelve months. " 'The mode of capture adopted was: The men selected for the shore party would number fron six to eighteen, this being regulated by the more or less numerous gathering of seals seen in the rookery. Tliese men always land well to leeward, as the scent of tlife animal is very ki'cn, and cautiously keep along the edge of the water in order to cut off the j)0S8il)ility of retreat ; then when alireast of the mob tliey approach the seals and drive (hem up the beach to .some convenient spiit, asi small nook or natunilly formed inclosure ; this accomplished, one or two men go in to the attftLk-,wh the others remain eiij^agcd in preventing outbreaks. As soon as a sufficient number have lueii slaii | to erect a wall of the dead, then all hands rush in to the general massacre.'" All Ordinan * -' I' ■'f*'"' ■■ ''^ ( 193 ) APPENDIX (K). Seal Pkeskuvation IlEouiiATiOMS and Oriju,anck9. Falkland Islnnds. Ciipe of Good Hope. Greenland Sens. Japan. Newfoundland. -,.( i.f.:-' Jl t,' f\r iviiiir.iii Falkland Islands. ( \ '■■:■ .. . ' Ky his Excellency Tliomns Kerr, Governor. No. 4. 1881. ^ m y twonty-live. vmilii-r froiL seen in tl* ki'cii, nnd tlii'ii wIm it s|iijt, aai ttiick, while bi'iMi slaii in. Onliiutiii'c to provide for the estab/inhmeni of a Close Time in the Seal Fishery of the I'ull.-litmi Islands and their Drpendenciea and the Seas adjacent thereto. ; AViicitias the seal fishery of these islands, which was at one time it soiiroo of jjroHt and nilviiiitage to the colonisw, has been e.vhau^ted by indiscriniiiiate and wasteful nshing, and it is desirable to jevive and protect this industry by tiiv. -fst'ablishment of ii close time during which it sliall be unlawful to kill or capture seals within the limits of this Colony and its dependencies. lie it tlierefore enacted by the Governor of the Falkland Islands and their dependencies, with the idvice ami consent of the I.«gi8lntive Council thereof, as Ibllows : — I. No person shall kill or capture, or attempt to kill or capture, any seal within the limits of thia ICulonv anil it; dependencies, between the days hereinafter mentioned (which interval is hereinafter iferreil to as the close season), that is to say, l)etween the 1st day of October and the Isi day of April following.', onth inclusive, and any jjcrson acting in contraventitui of this section shall forfeit any seals _lled or captured by him, and shall, in addition thereto, incur a penalty not exceeding 100/., and a further i>euftlty of 5/. in respect of every seal so killed or captured. S :;. Anv owner or master, or other jiereon in charge of an)' ship or vessel, who shall permit sucli [shiii 111' vessel to be employed in killing or ca[(turing seals, or who shall permit any person belonging to luch ship or ve.isel to.be employed in killing or capturing as aforesaid luring the close season, "slia'i forfeit anv .seals so killed or captured, anil, in addition thereto, shnl be liable to a pen'dt.y not Lxceeding oWl. for each offence. . Kvcry oflence under this Ordinance may be ])rosecuted, and every penalty under this nlinnnce may be recovered, before the Police Magistrate or any two .Justices of the Peace in a Wmniiuy manner, or by action in the Supreme Court of this Colony, together with full costs of suit : ovideil tliat the penalty impo.sed by the Police Magistrate or two .Justices shall not exceed 100/., ixclusive of costs. Oiu'-half of every penalty recovered under this Ordinance shall be [laid to the person who iiiiseciUeil the oU'ence or sued for snch jienalty. Ail fines, forfeitures, and penalties recovered under tiiis Ordinance, wiiere not otherwise herein- K lure iiroviilcil, shall be to Hei Majesty, her h ■ri^ Fill' all purpo.9es of and incidental to the trial and punishnuMit of any person accused of any ■,")^r ■ ciH'ence uiiitcr this Ordinance- and the proceedings and matters preliminary and incidental to and srt|uential on his trial and )nini.shment, and for all purposes of and incidental to the jurisdiction of ,\v ('unit, or (if any coiistablc or otticer with reference to such offence, the ollence shall be deemed to ;, . '^•cr^f'r.r'^-fm^rirjrm/i.'' ••.'•^■•iijf^jwvm,,mfiiv:^mf' ' ' - * - ■ Capk ok Go()ii Hoik. * t'ape OovcmmriU Notice. ' ,, ' "■ •' ' ' Seal lalaiid. His ExeelleiK V tlio Governor, having been plciwud to decide Ihnt the seal island in Mnsse) i;,. I sha!' not be Krantocl on lease for the I'.resent, hereby prohiliits all persons Ironi disttirbin}; tlir ee )>. 158.] II Japan. JleguL' '■>r vie'.v of pi-otectiug soal-liunting and checking foreign jxiachers, a vessel of I'oa'lnl type ahall ' .n:i.'.sioned to cruize in the neighbourhooil of Itrup. " Chishimamaru " shall li«>c<)|.f missioned for ' ■, puipose for the time being. Art. 2. The modu of killing .shall mainly be by clubbing, and '. !.e use of guns shall Ihj avHiiiwI ii| mneli as possible. Art 3. Young seals shall Ije spared as much as possible. .\rt. 4. The numlicr of seals to lie caught within 1 ri of cou-st-liru; shall not exceed forty-live [« I Hunum. Alt. r>. Jtetwcen the months of May and November the killing of seals within 1 ri of cunst-bl is prohibited. Art. 0. Any person who catches wounded or crippled seals washed ashore, even witliiu tkl prohibition liniit, shall 1)e p'aid iu money or in kind according to the quality of the skin. Art. 7. To prevent the decrease of seals by careless chasing and wantcm killing, special I'lin' skill always be taken, and the preventive method shall be established. Art 8. The number of .seals taken will be inspected, and their skins shall fix the proof of tlni| ages. Art. 9. 'i'lie covering and breeding seasons, &e., shall Im; caivfuUy ascertained by pnictiall »))6ervntions. Art. lU. I'ractical observations and investigations shall be made as to the truth of the seals Imi;| •ir changing the t!olour of their fur according to different seasons. Art. 11. An ac^tual investigation shall be made as to how many seals can be caught annually if tlrl use of guns Ijc discontinued, and clubs uiid bows and arrows be adopted instead. Art. 1 2. While out hunting, if anything occurs likely to form an object for futui-o inveaii^'ationil minute record .shall \xi kept Alt. i:?. While the present Regulations shall l)e strictly ol)eyed by all those who are rc^punsiil for seal-hunting, they can address themselves to the authorities to itHect required amendments in ml proctic-al inconveniences shall have been experienced. Seal and Otter Calvhiiuj. \\'(; hei-eby give our ."iauction to the liegulations for catching seals and sea-otters, ami fmiiif.silil and iuiportatiori of their raw skins, and order the same to be promulgated. [His Imperial Majesty's Sign-Manual.] [Privy Seal.] , '. \ The Ititli diiy of the 12th month, 19th year of Meiji (1880). rounteisigne<,'riii)h of Deiwe No. 16 of the 17th year iM'iii iiiiiv e""n"'e '» I'ntchiiig senls and seal-ottefs diiving thi- ii'iiii, and within the limits of tin- ces siioi'lticd t?)i''the purpose hy the Hokkaido Local (ioveriinient. Kvciv i>ors'.ttei'8 shall at all times carry a certificate of sucli permission, I wiieiii'ver whether at sea or on shore, any oltieer .supervising seal and seal-otter catching, or any ri"olticcr (leinands to inajicct the certiti'-'ate, the same shall he immediately pnHluced. Art ■' Any iieraon enf5a},'injj in catchin<; seals and sea-otters sJiall, on arrival in Hokkaido, repoit iiaiiic'iiid toiinajje of tlie vessel and tlie names of her crew to an officer designated hy the HokkaitKi ml roviTiniieiit Office for tliat purpose, and shall at all times exhibit, on the mast or in some other Buiciioiis iiositicn in the vessel, a signal special./ adopted hy the Hokkaido Ixwal Governnienl ( (flice vessels engagt d in catching seals and sea-ottci-s. \x\. o. Any person desiring to sell the mw skins of seanTund sea-otters shall produce the same Jie ollicer mentioned in Article 2 hereof, and shall have the stiol (a brand may be used instead Itseal) of the said officer stani'ied (hei-eon. No person shall be ])ermitted to sell skins not bearing 1 stamp- , , . . . . I . » . , Art. 4 Wliei'.ever it is found thai any peraon is importing the skins of seals and sea-otters not nped liy the officer, as provided in the preceding Article, into any jwrt of the Empire, or is staying Invpoi't uf the Empire with such skins laden on board a vessel, or is selling, or attempting to sell, li skins in the market, the Customs or ikiHcc officers shall seize the same, and shall immediately ke complaint to the competent authorities. But tlie mw skins of seals and sea-otters caught within the territory of Kussia or of the United les of America, with the pennission of the Governments of those countries respectively, may be orted into the Empire, provided the owner or master of the vessel first produces a certificate issued It competent authority of Russia or the United States, or by a Russian or United States' Consul dmg in Japan. Ikiaih of Procedure to rami out the Jlegulations eo)iirollimj the Seal and Sea-Otter Hunting, May 10, 1888. Article 1. The open season for seal and sea-otter hunting shall ))e from the 15th April to the \ October in each year. Art 2. Tlie area of hunting shall lie all the islands situated jitstward of Itrup, and southward of isLu, of the Kuriles, and it will bo divided into three sections, and every year only one of these lions shall Iw opened for hunting. Die first section i.icludes seven islands, i.e., Itrup, (.'hirihoi, Butcttchelboa [?], Broughton, Kaikoke, .hir, and Chirinkotoii. The second section includes si.v islands, i.e., Shimshir, Shiiitoi, UsUishir, Sletonepa [(\, Raehua, and isua, The tliirJ section includes twelve islands, i.«., Shannekotan, Yekkerma [?], Karreukotan, Oune- D, Alios, Makanishi, Shurenwa [t], Paramushir, Holt, Cockscar, Araito, and Shimshu. I Art. 3. Wiien a boat is going out for hunting, her name, tonnage, and the names of the crew shall Kported for inspection to the branch office of seal and sea-otter hunting superintending authorities, n at Nemuro, in the county of Nemuro, or at Shikotan, in the county of Chishima. : Art. 4. Wlien the branch office of seal and sea-otter hunting superintending authorities find the t mentioned in Article 3 in dne form on inspection, it will give to the boat a flag hereinafter I Art. 5. Any (lerson who wishes to export and sell the raw hides of his catch shall produce thbm he Sliikotiin branch of the seal and sea-otter hunting suiierintending authorities, and shall h.tve 1 stami^d. Newfoundland. I In reply to an inquiry a.° to the Kegulations for the protection of the hair-seal fishery in New- dland, infoniiution to the following effect was kindly furnished by Sir Terence O'Brien, K.C.M.Q,, "lovenior of that Colony. I The aucuinpaiiying Acts will furnish the whole legislation on the matter. \ The Itej^ulations extend to all vessels under the British flag, there being no foreign vessels engaged pe fishery. i The Keguhitions are acknowledged to be effectual, and were much needed for the preservation of {seals. ! The menus taken to enforce the Kegulations wiU be found in the Acts above mentioned, which, it ) be added, have no force in extra-territorial waters as such. 1Q6 Nkwfoundlanu. Acts resji>ectinij the .Pronccutioii of the Srtil Fidiery. Anno Qoauragesimo Skcundo Victouiik UKaiN;K. CaI". I. — An Ac^ re/tpeclinif the Prosecution of the Seal FUhery. {Passed Fehnjiiri/ 22, Is;] Seotion. 1. 3£ Vint,, cap. 9, repealed. 2. Str«mers not to »«il before lOlh Mnrrh ; Pimnlly. 3. Sailing-vessels not to sail before lut March; I'enaltjr. 4. Seals not to be killed before 12lh March ; Penalty ; Proviso! Notico. &. Oats not to be killed ; Penn't; ; Deflnilion ; Provito. 6. Limitation. 7. Times of Clearance i Proviso; Sundays. - v H. Recovery of Penalties; Appropriation. i' - 9. Appeal; Proviso; Kecognixance, . ; . , -i, rl-Mj • ?:?'•? »i ,ti -ly^'i^i: Enacting dauao. 36 Vict.. cap. 9, repealed. Steam^ra not to 'ail bcforn 10th March ; Penalty. Saillngr-vcsgelp not to sail before l8t March ; Penalty. Scale not to be fc'.llcil before 12th March; Penalty ; Provias: Notice. C'ala not to be killed : Penalty ; Dcfiniion ; l'rov;»i). Liinitit'o.i. TimcB of c,le.nrancc ; Proviso i Sundays, Kacovcry cf penalties ; Appropria- tion ; Appeal ; Proviso ; Reco !ni/ani' ■ Be it enacted by the Governor, I.«gi8lative (.'onncil, and Assembly, in lefji.slniive .>i« convened, n.s follows : — I. The Act pn-ssed in the thirty-sixth year of the reign of ller present Maja^ty, entitled ";\uj to ivj;ulate the Prosecution of the Seal Fishery," is hereby repealed. II. No steamer shall leave port for the seal fishery befpre the 10th day of March in niiy yeat,ii tiie penalty of 2,000 dollars, to be recovered from the owner or other person on wliosu accmiiitl .steamer shall have been sent to the seal fishery. III. No .sjiiling- vessel .shall leave port for the seal fi.shery before the 1st day of Jlarrh iiiaiiyn under tlie penalty of 400 dollars, to be recovered from the owner or otlier person on wlidse ;iwJ sucli vessel shall have been sent to such fishery. IV. No se.xls .shall be killed by tiie crew of any steamer or sailing-vessel before tiic iL'tlnbJ March in any year, under a penalty of 4 dollars for every seal so killed, to be recovered Irdiii llioo^j 'ir other person as aforesaid, or from the master or crew of the .^iaid vessel, or ironi'tho parries mis the same, respectively : Pronded, that in ca.se of tlic owner or other pr-iison as aforcsnid, tint « owner or other person received such seals with notice or knowledge thrit the same liiid Uvn I before the 12tli day of llarch in any year. V. No imniaturc .seals, known as cuts, sliall be killed by the crew of any stennier or .sliliii"-™ at any tim", under a penalty of 4 dollars for every sucli seal so killed, to be recovereil from tiwicnnl of sucli seals, or from the master or crew of any .such .steamer or vessel. And it is hereliy iloclaiil young sejil pelt of less weight than 28 IKs. shall lie considered an i'.ninataiv, or etit seal : I'loviWll no party or parties referred to in this .section .shall be liable to tlv; penalties or fines iierein stiilcil,i it lie proven tiiat over ."3 per cent, in number of .seals taken on board or landeil from such vcsselai less weight, each, than 28 lbs. aforesaid. The fines and penalties mentioned in this .section tdiinij tlu! excess overwueh .T per cent. VI. No action shall !« brotiglit by any jiersou to recover any iteiiidty provided by iliis Mi twelve months from the time such penalty shall.have been ■•>eurred. VII. Xo oilicer of Her Majesty's Customs in this ('. ; .ly .shall clear any steamer lnr ;i : \ tpj'age befiue the ',1th ilay of March, or any i:ailiiig-ves.sel for a sealing voyage before tiie last iltij February ; Provided, that in the event of either of these days falling on Suiulay, .sucli ve.^ the same without delay, and pay such amount as may i)e awarded, with costs. :i',:ivdw A- 197 -Viri.y.l !l» I.. -,1. ^lill/ i Anno Quauraqksimo Skxto Victoria TIkoinJr. .(„ Id h timcml (III Act jifissol in the ^211(1 ymir of the lUiyn of Iltr ^maeM MnJtsMy, mtitUd ' ' ' "An Ad reaptctiiuj the Pivseciitioii of the Sinl Fslicri/." [Piiier» not to snil bffori' (i A.M., KHliMHrcli; Puimlljr; I'nuino. ' , ,',, 3. Hailiiig-vi;»»el« nut to mil before .\.m., Ut Marcili ; I'enolljr ; Proviso. ^ • ''" - I en II. X 11' ', t ciiuiU'il liv till! Acliiiiiiistnitoi' to tlio Oovi'inmunt, Lt)i.'i.sliitivc ('ci\im;il, and .\ssciiil)ly, in hiivi' Sf.-t " r'^"A' ■ii.iy.iii,ii!i.Pj»| P^W gBS? piHia ""At 'I^^^V^FT^^^^^^f^*^ * MMlcre' pcnaltjr. Term trip." "KCOUd Oompl»iiit« nun b« miilc withm three nontbi. 196 to tlio Supreme Court, upon (if reiiery, or « i-leared at the custom-house, as masters of such vessels. ' '1 VI. For the puqioses of this Act, vessels shall be deemed to k) on a second or sulipoijiiem ^lI tliey shall en>,'age in killing seals on tlie coast of this island and its deiHindencies, aftii ilenriiJj wiiling for Davis Straits or Greenland fishery-, and the master and owners shall be liable t(i the, ))<'naltic8 as provided in fourth and fifth sections of this Act. Any complaints, on infoinmtidimi this section, may be made within three months next after the return of the said vessel to a jiortoU is hind, VII. Any complaint or inforniution, under the foregoing ]irovisions of this Act, must lie, within three months of the time of tiie alleged breach thereof. Knaetini' ctegic. BepMling 4l*i»e. Anno QnxyiAUE8i.Mf» Secundo Victoiu.i; 1'kuin.k Ckv. I. — An AH lu (tmend thr Tmv reUitiny to the takiiu/ of Sfnln and Highl of J'rojKrIii ihirtin [Passed March 7, lie it er.acted by the Governor, Ix-gislative Council, and Assembly, in Legislative Session on,, as follows: — I. The first section of the Act paii.sed in the fiff.ieth year of the reign of Her present Miijestv.ciiiiJ • ntilled " An Act to regulate the taking and right of property in Seals," is hereby repealed. ^ MtiiiorundHtn reipeeting the Seal Fidtwij of the Ureenlatid Sm, pvejMord at the Board of TrnilcntiM request of the Jiehring's Sea Commmionerf. Uoughly speaking, this so-called fishery nsetl to be carried on between Spitzbergeu and jcelat chief centre being the neighbourhood of the Island of Jan Mayen. As early as the month of February 1873 the late Mr. Frank Buckland, by a letter to tlie "Tii entitled "A I'lea for the Seals," and otherwise, called j)ublic attention to the abuses connected wjilj |)insuit of this fishery. The circumstances would appear to have been as follows: — About the time of the Spring Equinox, the seals congregate in innnense numbers, and tliefei give birth to their young upon the ice. The young at birth are very helpless, and weigli almiitiy but they grow with astonishing rapidity, iind it is said that in aljont a fortnight the weight of g young seal is some 70 lbs. Owing to competition in the fishery, it had liecoroe the practice to take {i.e., kill) seals iiiiinM u))on the birth of the young. In this way the mothers were slain or often scared away fiimi tlievd K'fore the latter were of age to take cai-e of themselves. The young were of small value for cdinni pur]ioses at this stage of their existence, and though some of them were killed and ship]>cd. eiiot numliers wer^ left to die of starvation. Conducted in this manner the fishery was a scene of revolting cruelty, the cries of the tlioi of young dying seals being said to resemble the cries of hundreds of thousands of huninn iiifaiiti,J the destruction of the fisherj' by the scattering or extermination of the seals seemed not far liJ! The seals in iiuestion are not tiiose from which the fashionable fur is obtained, but their skin isn used for making boots, especially iwtent leather Ijoots, and the oil obtained from them i.s applii various purposes. As reganls' the United Kingdom, the fishery was prosecuted from the ports of Dinideu niul head. Norway was the foreign country mostly interested. In 1874 the Swedish Government sujij to ciur Foreign OHice that some international arrangement might projierly l)e attempted with ,i vieil imjwsing'yestrictive Regulations to remedy the evils above refentid to. The earlier action of the Board of Trade upon this proptjsal is ^M^t forth in Parliamentnn' i No. 73 of 1875 {copy herewith). The residt so far was to obtain concurrence on the pari ol'thisei rested, both in Great Britain and in Norway, as to the necessity for a clo.sc season about tiie tiineoHl birth of the young seals. But there was considerable divergence of opinion bcfth as to the datdl ending and the duration of such clo.;e season. Subsequently, the Boaixl of Trade, in consultation with the Foreign Office, framed a Hill.i they introduced into Parliament, and which became law as "The Seal Fishery Act, 187o" (SfV , caj>. 18). This Act empowered Her Majesty, by Order in Council, to fix a day before whieli iti be illegal for British subjects in any yeur to kill or capture, or attempt to kill or capture, seals i an area specified in the Schedule to the Act, and the Act provided heuvy penalties for thn.«e cm vening its provisions. The area in question was that included between G7° and 75° nortli latituile,d 5^ east and 17" w-est of Greenwich, in adopting whic'.i the Board of Trade were chietiy "uidtiill Cajitain David Gray, of Peterhead, one of the most experienced of the ship-roasters eii,!,'ii),'e(l inl fishery, and by whose graphic representations Mr. Buckland had been put ia motion. In the meanwhile, the Foreign Office were making representations to other countries who miglil interested in the matter, with a view of insuring reciprocal legislation on their part. As ab'endyii 19U I .1 (islioiv was chiefly ciiinliuli'il It.v .sulijoctsol' Ciroul lJi'il;iiii en Xoiwuy.lnit (Iciiiinny, Holland I 'j Swe.ien weie n'"". tli(iii>,'li t" '"'b' " **'""'! L'xU'iit, I'lmeuniwl. \ III the cour.si' of tlio yi-nr 187") all tlm (ioviMiiiuciits oftlii'so fc>ieii;ii cdiiiitiii's i'\|pn's,sfil awillin^;- I tip iiiiliati> Icj^islatidiiOr tlio cliaractfr ril niul lOtli iliily inadiniKxiltlu iin ihiU's IVir >)|iiiiin^> ,,{|^ cliwiii;;, and did imt wixli Iruland and its waters cxdudfd I'runi llin jivoIoi'IimI nica. Tlicy also y inoiHisal^ (if tli(.'ir ii«n widely diveixent IVnni tiiose of Scotland. Tlirsc witu : — ('/.) That to jiii'vent destniotion of It'nmli'.s, il shonld In- forliidilen to kill oid nvh lii'luri. ii,, 1 Jtli April (() A.M.) at tlin places wlierc the yotnij; are taken. (//.) That in consideration of hooded seals havin;^ no vtainii to need |irotection townnls pj of close .sea.soii, the fishery for these seals lietweon Cape Farewell ami .SpitzlH^r;,'en shoiilil I „. f^, until the 15th .Inly {(> r.M.), after which date it wm, according' to thcni, ])nrsiieil only liv (,» or two ship.s under conditions ruinous to the fishery, as the seals havinj,' hy that date liccfiiiuMm wild, iinineimc numbers were then destniyed hy shootin;,' at lonj; range without nmny Iteini; iictiiiilli taken. (c.) That to ohvinte dangers incident to opening the lishery immediately after niidiii^'ht, t||i| ojicKing should lie at t) A.M. on the iird Ajail, or, if that day is u Sunday, at (1 A.M. on the 4tli, {(/.') That the limits of protected area should be t)()° annd 10th .Tuly as pos.-iible, and did not see how hooded seal fislnMv wili bo made free during genoitil ckse tinu^ without endangering the observance of dose time liiimlKl kinds of seals. These views were communicated to the Foreign Office by the Hoard of Trade in the iiii|iiMi| jj understanding being arrived at between Norway and Scotland, so as to form a basis for nc;;iitiaiHJ witii the other Towers. At the fmuxe time, it was ]iointed out that the iuclmling of Iccliinil iiinl ij waters in the protected area would involve inviting IJoumark to join in the arrangement.s. Ill JIarcli 1888 a further communication was rcceiveil from Norway. It now nppcaiLtl iln owing to a change observed in the last two or three years in tlie condition of the ice off Greenlniiii.*| Norwegian interests no longer wished the hooded seal fisheries to close on the loth July, They declined to make any concession as regards the clay for opening the seal fishery fjeiienil!; and it was doubtful whether they would adopt any date for closing. On other points they J acquiesced with Scotland, to which country these views were conveyed. Later in the year Russia intimated that she coiunirred with Norway on all points. Subsequent corresiiondeiice aft'ordeii, no prosjject of reconciling the divergent views of Scutliiil and Norway, whilst Denmark took exception to the teiTitorial waters of either Iceland or dmwh being included in the area of protection. In these circumstances, the negotiations came to a standstill, and the arrangements iiiadeiil 187r)-79 h.ive been maintained. Cojiy of the Knglish Act, with the OrIHMt 111 ■?'• Onli'i' nipiilv til iIm' xi'nl liMlicry within llio ■'iiid iiri'ii, nr such |iiiit llii'ii'ol' im nmy In- .>(|ii'ri(ifd in T " \iid whcruflN it hiw hwii iiindu in ujiIKmii' to Kit jMiijcsly in t'oinicil Ihiit the l'iiri'i;,'n Slntcs wlioni' L Ds nr (iiilijiTts lU'c 111 iirrsi'iit i'ii},'i'd in llu' sriil tishi'iy in llm iircii niontiiini'd in thu SchiMlnlo to lliu B I itM'itwl Alt hnvc iiiiido or will niiikc, with rcsiii'i't in thi'ir own ships iind snliji'cts, tlio like lpivisiiiii'< t'l ihdst' coiitiiincd in tlii' siiid locited Act • isiiiiis til tlKist' (•oiitiiincii in iiic sum ri'uiiuu iici : \(iw tticirfi'Vt', Her Afiiji'sty, in rxcroisii of tlif jiowim- vi'stcd in her \>\ tlin Hiiid rccitt'd Act, hy with till' advice of lior Vrivy (.'onnuil, is iilwtscil to diiort tlmt "'riio Sen! Kislicry Art, IHTri," 1 ulitT till! dato of this prcsunt Oiili'r, niiply to thu seal fishery within tho urea nieiitiniied in llio •hwlali' 111 tilt' s'li'l Aet. Villi Her Majesty, in exercise of the sninu power, hy and with the like advice, is further iileiised fix' the l!id di'y f' April in every year as the day liefore which tie; niiister and ]ierson in i'liiir;,'u of, il everv iiersun heloiifjinj,' to, any ISritish ship, and every Itrilish sulijeet, shall not kill or rupture, or . 1 I. Ml ,... n.K.tiipn ntti' uiiiil vuillilli l(if) iil'itii iiKiIlt iitliiii I ill llin Sii|ii) llllii III tint until Ai-f Ittrinpt to kill or na]itiirp, any seal within the area inentioned in tin ■The Seal Fishery Act, IHT.".," is as follows ;— Srhe liile to the said Act. ["SYliT I AT. 1 f^. — All Ah III jii'iii'iilifiii- thr inliililiihnii'iit iif II ('limi' 'film iS'cds iii/jneni/ to llir Knuli'tn ('hiimIs iif Urn iilmiil. ill llii' Sill/ Finhtry in tlw [Jiim' 14, 1S7'-.1 Application of Alt liy Oilier in ( oiincil in i-onjiii.ciion witli (uriii;u Hliilci^ C'loie (imo for ucitl tiebcry p,i^ it eiiaited iiy the (,>U"i'n's Jloat J'l\cellunl Mujesty, hy iind with the iidvicu and consent of tlio _oiils Siiinliiiil iiinr 'reiiiporal, iiiid Coininnns, in this jiresent I'arliMiiient nssenihled, and hy the fcllinrity 111' llie >*MW, as follows ;•■- 1. \Vlifii it appears to Her Majesty in Council llint the fo:ei^n States whose ships or subjects i.]i,rii"i'il ill the seal tishery in the area mentioned in the Schedule to this Act, or any ])art of such lliivc iiiuile or will make, with respect to their own sliijis and siilijects, ihe like jirovisions to those litaiiii'tl ill tlii'* Act, it shall he lawful for Her Majesty, hy tirder in Council, to direct that this Act til after till) dato mentioned in the Order, apply to the seal fishery within the said urea, or such lit tlii'ii.'iil' 11'* n'"y he specified in the Older. Hit Jhijesty may, hy the same or any snhijequent Order, limit the operation of the Order, and BiWr the lipcration thereof sulijeet to such ciimlitions, exceptions, and nrsuanee of this section shall be laid before both Houses I'luliiii'iieiil within six weeks after it is made, or if I'arliument be not then siltinj;, within [ wce^kD after the then next meeting of I'arliument, and shall also be published in the " London izettc." 2. AVlieii an Order in Council has been made for applying this Act, then, so lonij as such Order Biiiiiw in fiirce, the master or per.son in cliarf,'e of or nny person belonijiinf,' to any I'lritish aliiii, or any Citisli sulijeet, shall not kill or capture, or attemjit to kill or capture, any seal within the area iitioiied ill the Schedule to this Act, or the part of the area specified in the (Jrder, before such day in \\ year as may bo fixed by the Order, and the master or iierson in charge of a IJritish ship shall not niiit such ship to be employed in such killing or capturing, or penii'.t any pewon belonging to such iip to act in breach of this section. Any person who is guilty of any breach (by any act or default) of this section sliall be liable to a Baity not exceeding 500/. for each ott'enco. 'i. Evory oflence mider this Act may be prosecuted, and tvery )H'nalty under this Act may be levered— (1.) In Kngland, before two Justices of the Peace in a summary manner, or by ai'tion in any of r Majesty's Superior Courts at Westminster, togetlier with full costs of suit ; and (2.) In Scotland, by action us for a debt in the ordinary Shcrifl' < 'onrt or in thf^ Court of Se.ssion ; (3.) Ill Ireland, before two Justices of the I'eace in a summary manner, o; I y ^ ersonul action in r of Her Majesty's Superior Courts nt Dublin. Trovided that the penalty imjKi.sed in a summary manner by two Justices shall not exceed KtO/., lelusive of costs. One-half of every penalty recovered under this Act shall he iwid to the i^rson who prosecuted the fence or sued for such penalty. For all purposes of and incidental to the trial and punishment of any person accused of an offence der this Act, and the proceedings and matters preliminary and incidental to and consequential on I trial and puiiisliment, and for all purposes of and incidental to the jurisdiction of any Court or of constable or officer with reference to such offence, the offence shall Ije deemed to have been lilted either in tlie place in which it was actually committed or in any place in which the ^nder may for the time being be found. ...,,. 4. Where an offence under this Act is committed, then— >>'•:-' • LlalllUy of (o.) If the same is committed hy the fault or with the connivance of the raewter of any .ship, tliot owner md liter, and— mMtor •f tiap ■ 2 D 2 ■f FroBecution of oircncea. [805] la «crt»la cuei. m (.1 ■■. i 1 11 I i. ! II L'O: if J liiihilltj of ■hip lu iwailty. Deliiiiliun uf "Mill " Short Hlk, (A.) If till' ■<,iiiM' is idiiniiiUcM li.v ilic rmilt nv wlili tin' I'liimiMiii f llic dwiicr nl niiy •'iii|i,i;^. simll 1)6 li.ilile Id iliu like ]ii'iiiilty Id wliicli llif iicihom oommiltiiin such nirciuv is liiiMi. imj^l tliiii Act. .". WIhtc till! DWiicr or iiiiislfr of a sliip in uiljinlm'il Id pay ii iiciialty I'M' mi iilViiiHc iiinlcr i||j< |, till' Cuiiii iiiay, ill lulilitinii tn iiiiy nllii'i- |h)wci' llii'y iiiiiy liavc Uir llii' iPiiipusi' nf r(iiii|iflliir.; I'liviwi-I cif siiili iioiiiilty, iliiiM't till! siiiiii' III In.' Ii'vivd liv clistirss m- iini'sliiioiit iiiiil sale uf tlin suiil s|ii|,i|i|,n tiiikli'. tl. Ill this Act till' ('.\|iii'ssii)ii " si-al " iiii'iuis the iiaiji ni' siichlluluii-k seal, the lihiililiiin,,,! hijiideil seal, the ^'Miiiiil uv lieiiiileit seal, auil the line M'lil nr line nil, anil iiieliiiles any aMliiinj ni ij seal kiliil which may he siiecilleil in that hehalf hy an Oi'iler in Cuiincil nmler this Act. 7. This Act may Ik- cituil us "The Seal Fishery Act, 187")." ScnRlit'T.K. yf /■<•(( >ii ir/iirll A>t ii/i/llii:i. The area inclinleil hetwecn the |iaml!els uf ii7' lunl 7"' of nnrtli latitude, iiml U'twcv-n i;,| iiii'ridinns nf."!" cast and 17' west |oni;iliide, reckoned IVoin the meridinn of (tvoeiiwieli. Xnniri/idii L'lir fitf thr i-.^lnh/i^lniini/ of n Climr Time fur Snl Fi^lniii in Ihf Aivlif. fian, — >SVi4W« JA'// IS, l«7<">. (Translation.) M'e, Oscar, liy ihe j^iace of (iod Kini^ ol' Nurwiiy and Sweden, the Wends and (iotlis, hewl notify that II lii'solulion )iiisseil hy the Ordinary Stortliiiii,' now in .session, nn the 2'itli April nf:l}| year, of the followinj,' tenoiiv, has been suhniitted to rs:— 1. When it .shall ajipear that the Icrei^'ii States wlio.sc ships or .snlijects ate en{!ni,'ed in tlies lisliery in the area included helween the piiallels of 1)7" and 7"»^ of north latitude, and Ix'twciniil meridians of ,")° east and 17° west lonj^itude, reckoned from the nieridiiwi of Ureenwicli, have maJtif may hereafter make the like provi.sion, it shall lie lawful for the King to fix a time of yenrdui which it is I'orhidden either lor the crew of a Norwegian vessel or for a ^Xorwegian stihjeot witliint| area aforesaid to kill or capture seals, includini; (\i/shj)hora cristaUt. 2. Any one i,'uilty of a breach of the prohibition enacted by section 1, or '• all in any wsu or abet such breach, shall be liable to a line of from 200 to 10,000 kronor. 11 of the crewjliiil be iield liable except the master in ease tb" ".ia bivacli took place cither , order or \viilit| knowledge, and without bis haviiij,' done everythiii},' in his power to jircvent the same. The provision in the (.'riininal Law of the :ird .Fuiie, 1874, 2nd chajiter, section 40, la.st .senteroij not applicable. .">. In the event of n breacli of the present Law takinj,' |ilacc, it will bo dealt with by thePoi Court. The vessel will be liable for any line that may bo incurred by either the master !i'imMit, will 1«! liulil,. to u tint! of fmiii 21)0 to 10,0(10 krouor, with the imivibi) llmt, sliiiiilil tlu' HiiiiliiiriiiiHi'iiii'iit hiivc tukcii placi! i'itln'i- in cilMidieiicu t.i tlio onlers of the uaptaiii of till! Nliip "i with lii»< knowl.'dKc.m witli.mt liis liuviii;,' donu I'Vi'iytliiiif,' in his powor to i>mnl iijriiiiist it, ho iilonu ^<( itii thu vivw sh;ill lu' liiihlu to tlii! jn'milty iniiiri-LMl. <>f i|nj n^.j, i,„j,„g„ii^ \^^^\{ ^iH's to the inforiiifr iind Imlf to tin' Crown. Fiiilin^' nn'iuis to meet thu Ihic, tint wnrdsnondinjjWnil main ]iriiviiii ca yx In casfs of viidatiiin of tlic pivHuiijitions of tlii-< ( tidiiminr, jurisdii'tion lies with the ordinury C'liiirta. Lot this ln! oLediuntly ohscrvoil hy nil wIkimi it may I'unccrn. For further wrtiiintv we have heruiiiito iifllxi'd oiir Imiiil lUiil Hoal. (Sinned) (1*8.) Stockholm Palace, November 30, 1870. ' OSCAU. It \ m ■W, B^Bk- 11 ! ■I- wK 1 H 1 ' i^HJi ll 1 ( 2'-4 ) i iii ri i Ml " m ^ll U H il f Ari'KNDIX (F) rAllTICUI.ARS OK TELAn: .' t'ATCll Ol' lilimsU ANIJ USITKH STXTKs' SkAI.INC-VESSKLS, 1S71-91 AhmniHDxhim mt the Nitmhcr of Fiir-Siul •Shim taken at Sea in 1891. From the Iioturiis (Talilo A) co!iij)ili>cl liy Mr. Millie, tlie (-'oUeeUn- of Customs at Vietoiiii, IliitiJ, Coluiiiliiii, 1111(1 fniiii iiilV.'iimtioii t'liiiiislii'd l>y Mr. I). Opiieiilieiiiiur, the Jliiyor of Vaiicdiivw, ii iijipenis that the imiuher of liiitish vesseLs eii"af;'j(l in sealiiif,' in 1891 was fifty, niiil that their tuial cat^'Ii fo'- the year was 49,()iri. These I'elunis nave heeii comjiileil with the greatest care. AVith ief,'ar(l to the calih of the UiiitiHl St.ites' .sealiiiy-vessels for the same year, there is iimkIi (lifUculty ill niriviiig at an estimate of the mim'icr of skins taken, owing to the fact that praelinilly i,,, records were kept \,y ,li(« Unitcil States' ( 'ustoms autlicrities of tlie numlier of skins landed. Tli« onlv ollicial Iteliiriis sujiiilii'd to us are those (h'lived from a telegram from the (.'ustom-house iit .si, Francisco to the Trea.si. )eiiartmeiit at Wasiiingtoii (Table ]!), which gives certain particulius as i.i the catch of sixteen vess.^is, and statements from tl'.e (.'rdlectors of Cn.jtonis at San Fraiicidcn, IVtt Towiisend, Astoria, and San l)ieg> , .j;iviiig tla numlier "I sealing-vessels that cleaii'd from those ]ki||, in 1891 (Table C). ' " ' From the latter Talile it ii])|ipars that tlie iiunib'U' of United States' vessels engaged in sei;!iii^' in I 1891 was forty-two, but no details as to their catch are given. It has been ascertained tliat t"i2,ri00 s.sd-skins were sold in J.oiidoli in 1891, under the cla8silir-i. tiuli of " Noitli-Wcst," this beiii^ llie teinied used for skins supposed to be taken nl sea. If we a:.sume that theso leinesiiit, the whole pelagic catcii for tliJ season of 1891 in all ]iiirtsii[ the North Facilic Ocean, and dcilcct IV(.iii this number those known vo have been taken liy I!i.;imi | vessels, i.e., 49,(11. "i, tlieie ieiiiMi;is a balance of ]2,88.T skins to be accounted for. A certain nuiiilii>r nl tliese may have been taken by the Indians in canoes on the coasts of AVashington, British C'dliiiiilw, ami South-Kast Alaska, but their number would pi'ob.ibly not amount to more tlinii o,0()0. Tliis | would leave about lii,()(IO as the catch of tlie United States' sealing-vessels. It must, liowevc ■, b(! (joiiiein mind tliat the above tiguie of 02,500 does not represent tiiu tulal I number of skins taken, s a ]ioitioii of those sent to London are re-expmted after liaviii;,' Wn \ dressed, and thus W(ail(i ' ot ajijiear in the .sales list, and that, liesides, many skins are n it siiit i. Ixindoii at all to be dressed, but are iirejiared in America. It apjiears therefoie, that in tin' absence of sullicient ollicial records it is impossible to fom anything moix- than s, very a|i]ii'oxiniate <'stiniate of the number of seid-skins taken by the I'liitiii I States' seali'i;. -vess(Os. 'lakiji;' lb'' average catch of the British Columbian essels as 1,000, and allowing ii siiuilav tatil I to the United Fiates' vessels, their total catch would amount to about 40,000, but from iiifdnimlicii derived from uiiollicial .sounes this estimate ajipears to be too great, a'ld after careful considenitiiii :i | maybe estimated that the catch of the forty-two United States' vessels engaged in sealing in IKOlw between 16,000 and 20,000. 205 Tal.lo (A). IJiUTisii Colunibiiiii Seiiliu,!,' Fleet, 1891. Nai-ie of VpsmI. Annie C. Moore Aurora Anii>k« Ark'l.. AnniuK. P»in< •• B«lric(' Boalrico (Vancouver) Bciri'Mis (', D. HniiJ (Voncoun^r) Carlolti G. tax (armililt; ■■ C. II. Tuppor .. Elizo Kilw«rd8, «te«m.»liip (Vsnrimver) E. I). Mnrviii .. pjivnuriti- • • Oenc'va . . Kutlirrinu Kal'' .. Ldilia •• Ubimliir Liiini>> ■■ Minnie ■• Ma^ffir Mar Marj Taylor .. M«»« 13 20 368 I 46 53 59 270 308 137 54 7 r:l 170 54 229 162 40 886 .30 354 "176 9 i87 198 7 3,565 442 340 406 136 I 1,36 ' 473 j l,.-)S8 47 1,1)82 154 870 20G 1,547; 517 1,519 751 ; 1. 039 235 374 1 49 462 337 224 191 374 "373 548 445 609 ; 394 701 j '568 i 4 09 410 i 712 I 170 : '971 581 .",07 ■ C6f ' 291 I 4115 I 1,261 731 848 200 519 2,381 267 1,224 1,100 "2I6 r-i 22 3 264 79 "05 1.030 211 48 1,170 1,002 091 1,484 52 2. '4 .1:1 82 985 171 82 504 G59 28 731 801 98 1.021 330 21 17,162 I "8,888 3 2,076 440 406 l,0,'i2 1,071 S42 2,419 2,()3li 2,390 009 50 738 2,753 494 1,415 1,132 4 590 61 703 688 763 80 21 695 1,421 942 48 1,'JilS I,5i5 1,330 2,358 26S 886 3,439 1,020 1,292 1,013 395 909 6,59 28 1,902 1,722 105 2,067 ,M7 510 40,615 I,!i63 Diitc of Warning. An». S Julv 7 June 30 Auk. K. •Tun? 29 Julr 23 8 July' 12 Aug. 10 8 July I 7 .. 1 (Sci/.eil July 6) Aug. 12 July 16 ,. 18 July IS 17 ,. 15 1 July 2 23 22 S'iz^il Juno 30 July" 7 July' 24 Aug. 9 July 1 1 17 .. 17 ,. n 23 July 5 Juno 30 July Aug. June Pate of Jteturn tii Britiah Columbia. Where warned.* Aug. j'u'ly Sept. July Sept. Aug. Aug. Sept. Sept. Aug. Sept. Aug. July Aug. Nov. Aui^. July Sipt. Aug. .Sept. Oct. Sept. Ang. Sept. Aug. Se|)t. Aug. Sept. Sept. Aug. Sept. j'llly 30 II 27 7 2i 27 I 29 I 31 30 2 30 24 28 28 24 3 14 29 16 29 29 26 21 27 23 22 3 17 29 2 1 27 b 1 9 17 I. I. O. o" I. I. I. I. I. o, I. July 27 I I. I. I. I. O. o. I. I. r. o. I. I. I. I. I. I. I. I. r. I. I. o. t Toliil rre«. I. — InRidt' Ueliring Sea. O. = Outride Iteliring Sen. 399 I'linght off Kurilo Islands. I Qy. Hoats apart from eanues. I I'. I! • it I i ■ Ml S06 Table (B). rAUTicULARS of Uiiitcd States' Sealing Fleet, 1891. N.B.— These iiarticulara nro derived from infurniation given to the ISchring Sea Conimisiiiiiiers by Mr. J. Stanley- U.-imn m Waalilngton in March 1892, and vhich he slated was all that he was able to collect from oHirial sourc's. M aealing-Tessels cleared from San I'raneiseo in 1891, as per telegrams from Collector E. B. Jerome, February 25 and 2G, 1892 : - Albert WaUer. Ilattie Gage. Helen Blum. Lily L. C. G. While. Hermann. La Nimfa. Louis Olson (a.s.). MatlieT. Dyer. C. H. ".Vhite. City of San Diego. J. H. Lewis. E, E. Webster. Llziie Derby. John Hnncocli. Mai7 Gilbert. Sophie Sulherluml. San Diego. .\nnie Harley. Kmma and lx)uisr. Kosie Sparks, Peail. Alexander. Thistle (s.s.). 9 icaling.vesBels cleared from Port Towiisend, as per telegrams from Colluetor A, Wosson, February 25 and 2G, 1892;— Allie Alger. Emmet Felix. Challenge. Henry Dennis. J. (>. Swan (Ncah B) Lottie (Neah Bay). (ieorge II, White. !t(ist. Miiytlower. 2 etaliiig.Tessels cleared from Astiria, as per telegrams from Collector K. A. I'uylor, February 25 and "5, 1892: — lleasie Kutter. Kate and Ann (Vukina Bay). 2 8ealing-?i»sels cleared from Man Diego, us per telegram from Collector John U. Bcriy, February 26, 1892 : - I^uura. Ethel. 5 se*ling>«cEtels cleared from miscellaneous United States' puiti : — Silta {■!). Kttdiak Itlaml (3). Leo. Nellie Martin, Sitka. Undaunted. F, F, Feeney. 42 total number of ve.-sel<. TiiMo (0). ISFOitMATlON tabiiliitoJ i'loiii Telegraius from tliu Custoiu-lioi, le tie San Francisco to the Tmisui)' i Department, Wasliiiiglon, ilatcil February Id, 1892. (Taken from Manit'est.s ; aii 16,500 3 .. ,, ,, ,, 16,500 13 21,189 ,, .. 1,756 25.935 IG 24,344 13 11,000 605 36.000 17 20,206 32 16,000 1,350 37.500 21 24,329 a Unknown 1.214 25,000 22 27,868 33 13,300 1,701 42,870 29 39,547 12 11,000 1,031 51,560 50 49,615 42 18,000 •• 68,000 Since 1885 correct ilata of the Britisli Coluni'uiau soaliiig-vessels have been preserved ; previous to {that vur the tigures given are approximate. All figures given for the United estates' sealing-fleet are approximate, no reliable records having ■bet'ii kept. Tlie flitch of the German vessel (" AdMe ") are correct, she having landed her cargo at Victoria. Anminl Kqiorts of Nnmbcr ami Oatc/t of British Columbian ikaling Fled from 1871 lo 1890. .•^KALIXG lleport from years 1871 to 1878. Vessels. Favourite Thornton .Anna Beck Tons. Crew. 80 14 29 8 .16 9 The aliovc vessels at >hi3 time were not regular!}' eii;^. iii ionl-huntiiig, Imt were visiting' tiio Itradiiii,' stutioiis of their owners, where manj' of tlie skins wi-re (ibtained liv hartcr from tlie Indi.ins IglriiiL' the west coast of Vancouver Lsland, Queen Charlotte Islands, \\i]]:\ '' 11a, liclla C'oula, und othi-r IjKiiiits "11 tlie liritish Colunibian const. The ciwiicrs being very reticent, no relialile iuforniatioii could be ubt^iiiiwl; eonseiiU' itly, the |miiu1ier el' skins and the extent of the industr)' were not known at that time. The iiiclialilc catch of the Indians and above vessels would be about from :'i,(lOO to .5,000 skins b'Liirly, ami the jirice at this time was low, about from .'< to 4 dollars jier akin. It was lepoited in the years 1874 and 1875 that the American schooner "Cyt^nct," ('a]itain iKhnhcrly, went to Heliring Sea and obtained good catches. This is probably incorn rt, as the chief lolijeet 111' her vciyage was sea-otter hunting, she once bringing them to Victoria. SKAl.lxr, Iteiwrt for years 1,S78 to 1880. Kavourite Thornton Anna Beck Unward Vessels. Tons. Crew. to 14 29 U 36 9 35 i) These vessels were enaged in the coast sealing only, with an average catch each of about 1,200 ; btice of Mna then in Victoria from 4 to 5 dollars each, the Indian catch being about 2,000 to 2,500 kins yearly. [806] S IS i i I -ll* 208 SkaliK(; ItKPOKT, 1881. Voiwla. Favourite Thornton Anna Ueck Onwaril Mury Ellfii Tons. 80 29 3('> 3i fi:i Crew. U a 23 ,. 715 715 71 5 21) 125 1,299 1,424 79 13 31) 300 1,834 S.134 25 5 11 156 1,039 1,195 39 4 13 100 500 600 66 9 22 600 650 1,250 68 12 22 93 , , 93 34 ■» 12 230 , , 230 46 12 26 209 525 734 41 11 23 335 , . 335 71 5 20 •• •• •• 1,347 170 442 7,676 16,653 24,329 50 8 20 392 822 1,214 • Tho Ui'hring Sea catch for this and previous years includes a certain number of skins taken on the coast of British Columbia I to the north of VancouTor IsU nd, the schooners having no opportunity of landing liiu skit . before entering Bohring S«a. f "Araimah" seised by Russians near Copper Island (Parliamentary Paper C. 6253, p. 90). Catch of British Columbian Sealing-vessels, 188D. Tons. Boats. Crew. Catch. Vessels. Spring. Coast. Behring Sea. Total. ratbfimler .. 66 6 24 384 558 48 !)9a Teresa 63 7 23 284 198 828 1,310 Annie C. Mooru . . . . 113 7 23 313 489 1,318 2,120 Viva 92 6 22 589 872 2,182 3,643 Penelope .. *• 70 6 21 384 , , 1.796 2,180 Sappbiri' .. .. 123 18 39 754 610 1,626 2,990 Aurora .. •• 41 11 22 330 486 816 Juimta .. •■ •• 40 13 29 103 32 29 1G4 MaryTajlor.. 42 6 18 383 364 747 Minnie 46 10 21 200 • • 500 700 Wanderer ,. 15 6 15 178 ,, • • 178 Ariel 90 6 22 , , 841 844 1,685 Lily 68 n 25 210 ,, 74 354 Black Diamond . . . . 81 12 29 317 282 55 684 Kate 58 10 24 624 ,, 800 1,424 Favourite . . . . ■ . 79 10 25 ,, 340 1,764 2,104 Mountain Chief 26 5 13 210 >• •• 210 liierra . , • , . . 10 2 5 80 t • 1 •• 80 W.P.Savvrard 59 12 29 ,, 557 1,643 2,200 U'inoifred •• ., 1ft 2 5 22 ,. ,, 22 Ik'atrire .. .. •. 67 7 22 500 ,, 700 1,200 M:(::zie Mac . . > ■ • • 70 6 25 104 «13 1,290 2,067 (Titenly-tivc vessels.) 1,329 179 481 6,129 6,242 15,497 27,808 AJeIc (German) , . , , •• •• 240 1,461 •• 1,701 I Li llBI i ! '1* ■■•1 u 1 I I I 212 Catch of British Coluniltinn ScnliuR-vessels, 1890. ■ » Tnn». Boats. Crrw. Oati'li. Vniola. White. Indian. Spring. Coast. Ik'liring Sin. Toiil, 1. Ay 2. Sti Mary Taylor , . , , 43 11 6 18 104 302 592 991 Pioneer ., .. ., 66 5 20 , , 235 716 984 1.935 Vii. •J2 6 23 ,, 202 4!t6 2,015 2,ri] 3. .Sk Triumph .. E. B. Msrrin 98 7 23 ,, 182 1,018 473 l.f'Il 117 7 26 , . 3«8 878 918 MM 4. Shi Sapphire , , 124 19 6 30 119 1,378 745 2.2« C, H. Tuppcr Oil * 23 .. ,, 571 796 uc; ■>. Pa Kite :>» 16 .*> a l.'>6 511 230 Ml Fafourite .. 80 13 6 26 356 981 1,116 2,«J Aurora 42 II 5 19 165 797 , , 9Si Beatrice cr> 12 4 25 220 710 851 i,;>i Katherine . , HI II 5 18 880 315 945 i,c;ii Lily 69 ."i 20 122 500 & 1.— AVEKAGF. r Penelope .. 70 .'» 22 148 "578 445 i,in W. P. Saywarii 59 !l 'l "ifi 154 339 459 9U Maggie Mac 71 40 6 10 20 6 16 "'J7 1,200 752 311 770 1,952 i,i;i Juanitn .. ,, ., Annie C. Moore 113 7 26 , , 90 703 ' 630 1.123 Year. Teresa 03 7 23 , , 175 569 : 450 1.191 Ariel 91 12 4 24 22U 349 1,137 i,:o{ Minnie 46 9 5 16 300 764 1,467 2,S3I Sea Linn •. „ ,, 50 5 18 254 817 774 l,8U 1,'il J45 i,6;ii JIX) 6J! 145 1,111 IJ'J 51! 752 \M 770 i,i;s 630 l.t2J 150 1,111 137 i,:o6 187 2,531 774 \.Ui 633 i,3i; 4 HO 1,(26 82 9t 1,0(6 • 60 165 30,5i; 811 1,031 ( 213 ) APPENDIX (O). MiSOEUiANKOUS TABLES. 1. Averai^e I'rioes rpniizcd for Alaska Salted Fur-Scal Skins at Public Auction in London. 2. Statement of Fur-Seal Skins obtained in tr.ide from Indians by tlio Hudson Hny Com- pany 0.1 the coast of British Columbia between Port Simpson and the northern end of Vancouver Island, 1852 to 1890. 3. Skins taken for Shipment from Conimnnder Islimds, 18fi2 to 18'JI. i. Sliiiiment of Fur-Seal Skins from Lobos Islands, communicated by Mr. Alfred Lnfonc, M.P. 3, Particulars of Fur-Seal Skins in London Market, froni Mo.-sis. 0. M. Lnmpgo i and Co. -AvEHAOK Prices realized for Ala.ska Sailed Fiir-Seal iSkius at Public Auction in London, I'urnisheil l)y the Hiulson Hay Company. lii'i I 1972 I8'3 18'1 1875 1S76 1877 !l978 1879 11880 11*81 Year. Skins. l'rii\'. ! Yiiar. .Skins. Pricv. f. (/. f. ||85' |1858 11859 1186(1 ml mi |18G3 [1861 neoo am 0867 |ec8 DIGS B8:i Year. Number or Skins obtained. 11 U 32 65 28 99 187 C2 71 398 569 521 2J3 381 768 367 4i0 4,686 S,911 l,33li 1,229 Year. 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1881 1885 1886 1837 1888 1889 1890 Total uumbcr obtained in 89 ycart . ATeragc number abtainet;i) 2l,.'i32 31,340 Approximate t'stiimitc •• ,. Approiimute cstiinnti- .. Knil (if Atunka CoiniiuTtial Con piiriy'a lease ., 1879 .. 42,712 1 18N(I 48,504 ' 18HI .. 43,ri22 1882 .. 44,020 ' 1883 .. 21,090 1881 .'.2,0.12 ! 188,"i 41,737 1 I88(i .. 44, .100 j 18».7 ,. 4(1.714 1 I8!'8 .. 41.0(10 1S89 .. 15,1 !i3 18110 .. 5,1,727 IHIU .. Tnlul 27,407 872.408t 1 WilliDiit Kiililien I«lanil, rrniii nliM, >kiii» wi-re tuken. Indudiu); 1,453 taken un Itobhcn hliiij. Including SOO taken on KoblH'n Islanil, * 1805 to 1891 from ofticiul figures obtiiiiK-il by ii-i on Cntiiniander UlaoiK-i. i Tlic akina olit.iini'tl by raiders nrion Kobben I>laiHl and on the ('(nnmander hlands are nut ineluded in the figures Qliore^iitc, I vliicli merely represeiif tiie annual eateli as oltieially recortled. Kvtta I'll the Killiiii/ nf I'lir-Hmh mi the Coin mn idler IhIkihI". The facts iivaildlih^ fof tlu? fiivlici vciirs iifter tlic disiovevy of these isliinds nro very iiicoiii[ilrf(, hut the followitif; notes iimy lie cited: — In lT"il-5.'l, .Tnuot, Kiniiiii,' .^kins lirixijiht fidiii i'ldnin^; Isliiiid, Icid 2,2lL' i'ur-scal skins, iiinl;:! 1752 mid IT.v! tlie cicw nl'ii vessel lielnnuini,' In Tiiijic/iiikutV, iin Irkutsk nicrcliiint, took 2,-"i(i(l t'iir-*i| skins on tlic Siinie iskdid. (" Xcuc Xiiclirichtcn vim * | skins Were ;hi]iiied. !Miist of these were dlitniiied fnnii the ('(unniaiider Islands, iiijuii -wliicli iildiiellir actual killing; diiiilitless exceeded this lij;\irc. )iriilialily very cnnsideiiihly. It was not till ISSii lliatll' tirst skins wcie taken mi the rrihylnd' Islands. Hliott states tiiat he lielievcs there was an iiitcrneniini hetv.een ITCtl and 17Hii, during' wliiiliw I fur-seals were driven iroiu the ('oiiiniaiiiler Islands, and no skins were taken ((.'eiisiis l!e)Hiit, ji. li/jJ This i.s, however, niauil'estly an eru'i', in view of the statements of individual cargoes u)Jon wiiidilkl above total auiount is hased, and fiuni which it would a]ijiear that the t'onininnder Islands nevcriciiidl to produce a certain nuinher (jf skins. Klliolt further states that he does not know wlien tin'«fi(| returned, Init is " inclined to helieve" that they did not reapiicar in any coiisidernhle nnniher tilllS3'[ or 18j8. In ISC" the Itussiaiis did not think that more than 20,(Mi(l skins could he securwl on lit | Commander I.slaiids annually. Since 1SG7 (to 1880) the capacity of the Commander Islands [jradii increa.seJ from about l.'i.OUO to 511,000 skins }>er annum, doubtless because of the careful niniingeiiiH!l| of the industry on these islands. (Census Report, p. 109.) "Total Catch n Year l8r3 Sit • • 876 • • If 8;c •• b;7 878 *' i;9 180 881 • •• 182 m '':^^i^;:i;:^.:f^^- 210 4 —Sliipment of Fiir^Seal Skins fiwui Lobos Islands, communicated by Mr. Alfred Lafone, M.P. Year. 1887 \m mi 1890 1S91 Totals' i if 256 SOI Hi m 224 1,101 163 235 134 175 115 842 154 6S4 266 403 807 2,314 I I 558 1,489 741 968 694 1 4,450 1,195 1,660 1,651 1,084 1,093 6,683 t 1 B a s.ooo 7,088 3,955 5,901 6,333 30,037 6,488 6,915 3,618 4,898 3,400 24,319 93 93 1 344 333 488 502 10 1,077 21 23 106 85 40 28} ToUl. 14,849 17,718 13,203 14,144 12,770 '2,739 ■Total Cntcli of SiUted Lobos Island Seal Skins, 1870-91, communicated by Mr. Alfred Jjifone, M.l'. """"" Year. ■ tikini. Year. Skini. ■ i«:c \»n i8;8 \m I8H1 m m 11,353 1884 14,580 13,066 18ii5 .. 10,862 12,301 1880 .. 14.986 12.295 1887 14,849 14,865 188H 17,71H 13,596 1889 13,205 13.200 1S90 14,2«1 12,422 1891 12,776 [),—Particulara of Fur- Sad Skim in London Market, from Messrs, C. M. Lampson and Co. iDeiirSir, "■ '■■ ' 04, Qiieen Street, Lomlon, Mai/ H, 1H9'2. We linve the pleasure to inclose herewitli particulars of fur-seal skins sold in Ixtndoii; for whipli Ivim asked us wlieu we had the pleasure of seeing you here. . . We are, &c. ' '.'. (Signed) C. Jf. LAIIPSOX and Co. Bir (leorge Itaden-Powoll. K.C.M.G., M.r., &c., 8, St. George's Place. —.,_.-. ,~r — »^ -~ • ,.~ ., ...-^, *.. (A.) — Salted Lobos Island FuivSeal Skins sold in London. Yrar. Skins. YCM. Skina. |8;3 6,956 1884 10,258 m . ' ' •• 8,509 1885 .. .. .. ■ 10,953 875 8,179 1886 13,667 tn 11,353 1887 11,008 til 13,066 1888 ' 20,747 m 12,301 1889 8,765 879 12,295 1890 18,541 !80 14,865 1891 »,834 881 13,369 1892 (to date) .. .. 4,800 882 88} 13,200 12,861 Total .. 247,777 IKi. • . Lh' w.';i"J [2051 2 F ■'irrn<^f^^'* ^"''^ * mV^ i w pw^liWpww»^w^^iwn;pi^^p^wiiwipwpF I 11 :.U 210 (l\.) — SAtKS of Capo Horn .Suited Fiir-Sonl Skiim. Yi!»r. Hklni. Y«.r. Skim. 1870 0,300 18«0 9ii9 1877 7,031 1887 ■i.h)< 1878 # 8.227 IHHH 4,4111 1879 12,180 IKHO 3.0.M 1880 I7,&62 IMDO 2,4M 1881 13,104 1891 3.111 1882 11,711 1892 (tndik) 3.9fil) 1883 4,0&S 0,743 1884 ToUI ir.',2or I8HS 3,40( (C 1.) — Salted North-west Const Fur-Sonl Skins sold in Loudon prior to I'elagic Sealing' in Behring Seiu Yi«r. Skim. \..r. Sliln>. 1872 1873 1874 187i 187S 1877 1878 1879 1,029 4,949 1,640 2.042 Vfl4 12,212 1880 1881 1882 1883 1U84 Total S.'.l.l9 9,99; Il,"2- 2,313 O.Ui C4. :; , (C 2.)- -Salted North-west Coast Fur-Seal Skins dressed nnd ilyed in London (but not sold tlicrr) taken prior to Pelagic Scaling in Itehring Sea. Yetr. Skina. Yt.«r. Skins. 1872 099 ID80 I..'ifi2 1873 40 1881 • •• ■ •• \W IH74 122 1882 • •• 11,15;* I87S ., 578 1883 ■ • • • •• :iS5 1876 1,002 1884 • * • • »• lo.i.i 1877 1878 772 2,434 Total 40,215 1879 2,397 (C 3.)— Dry North-west Const F ur-Senl Skins sold in London prior to I'clngic Sealing in Bt-'liriug Stt Y«r. Skhii. Year. Skill!. 1808 2,141 1878 912 I8G9 1,071 1879 916 167U G84 1880 ,, 1871 12,495 1881 C86 1872 14,684 1882 321 1873 891 1883 390 1874 1875 18)6 2,772 1,351 993 1884 7S5 Total 42,?G7 lt77 1,173 . .Uf Um >ku>uaUin.U71 utd 1872, a «ery Uige piopottioii w an tbeaccui aobtion of the Rui aiui-Ain*ri< ju C< mpanr, nil iH bj them after the purchase of Alaska bj the United States. Recapitulation. Salted fur-aral skini sold n London, 1872-84 „ „ drested and dyed in London, 1872-84 Dry frr-seal skins sold in London, 1868-84 . . • . Gnndiital •• .. .. 64,360 46,215 42,707 153,348 (C 4.;— Dnr l<-.-. IrMii ifcr IHI^ri \y*') i^XUKU No In addition to (C ■..)— .Salt; IW7 IS39 Dry ski i«alt<'d I Malted" \m i.<;i • • JUi ,. \m • • If )^i» • im [305] 217 (1 1 ^— DbT Noith-wc&t Coost Fiir-Seal Skins sold in I,nmIon atlor commenconieiit of I'eliigic Hi'uling ^ '"" ill llchriiiK l^un. Yrtr. 8kinii. Ye»r. Skim. 1 ,&iO 1890 979 : 1891 2,8IS 1 l,2.Vi 228 Tiitnl 099 1,083 H.liOl S\I.TKI) Niiitll-wust Const Fiii'-.St'iii SkiiiM diosscd mid dyed in I.oiidnii (liiit not sold tlii'iv) taki^li iiflcT coiiiiiioiict'ini'iil of I'diigic Si'iiliiij,' in lluliiiiij,' Soa. H ■ l. 1: ., 1 »,99; ■ ■ 2,:ii!i ■ 9,24i ■ 1 In addition Year, Skint. Year. Skinii. ■• I0,««7 l.'i,087 3,5H9 1888 1880 Total 1,930 2,017 30,290 In ailJition to tlu' nlioti' It ii eitiniati'il that frnni 2,'>,0I)0 t) 30,000 ikiiii liuvi' been drrsied ami ilyril in tlie t'liileil Stttcii, Skins. 4,S62 11.159 10,1.1 40,2 li ((• ;■),) — .Saltf.D North-west Coa.st Fur-Seul Skiiia sold in fx)iulon after coininonceinunt of Poliij^io Seiiliiii' ill Itelniiii' Sou. IiECAriTl'LATIOX. Dry skint sold in London, 1885-91 Stilti'd skins dn-tsed and dyed in l.,ondon, but not flul 3n,349 1985 4H,!)29 1875 34,470 18S6 4l,rvj 1876 33,198 1887 54.3!ti 1877 1 25,880 1888 *(>.i% 1878 1 18,686 1882 47,411 1879 28,21 & 1890 52.;c,'> 1880 .18,900 1891 .'>n,721 1881 45,209 1892 3o,(iao 1882 39,311 1883 36,480 Total 7GI,2I>J Pi; ( 219 ) APPENDIX (H). Sir, AFHUAVITS nELATING TO J'KLAOIC SEALING. Mr. Millie to Mr. Tapper. ,' " Custom,'!, CanwJa, Vietonn, B.C., January 22, 1892. I |i;iv(' ilif liuiiouv ti) iK'kiinwledge the rocuipt of your i.'o:uniuiiiuation of the 7tli in^itiiut relative to ■ j,i, letter tinni Sir Georf^e Hiuk'ii- Powell luul Dr. (ieor>,'e M. Dawson, lielirini,' Sea Commissioners. 1 In-" to sti tc tlisit I hrtve endeavoured to supply the information, and herewith transmit the iirst (it cif iiliidiivitf of some of the most relifthle of our sealing men, and I urn continuinj; to take all I can oliliiiii, vvhiuh will 1h3 forwarded from daj to day, 1 Irrst tilt' information is what is wanted, as I iiave endeavoured to frame the questions so that iuswiis would s!iow reasons for their intelligent answers on the three questions: — I. Till' proportion of seals hist lus co:npaii!U with hit. •>. Tlic proiiortion of feiuales to males killed in the different months. ■j, 'riie idwtention of (,'anadians from all raiding, &c. 1 have, &e. (Signed) A. II. MILNE, Collector. I the Ihjmil. 'Ill talen hr/vre A. R. Milne, Collector of Customs, Port of Victoria, B.C. Ceieuo Jones Kelley, master of the Canadian .schooner " C. H. Tupper," of ShePwurne, Nova l&diiii, I'.a'iug U'cn duly sworn — I, Mr. Mlliif. How many years have you lieen engaged in sealing, Captain Kelley? — A. I have Ibteii t!i'iiliiig fi'i' t^"'" youi-s as master of the " C. H. Tupper." '.'. Q- \VA\nrlinn of .^eals are shot whilst sleeping, that is. as far as my own ekperienco goe.s. 0. Q. Wliat do you consider the vital part of a seal? Where do the hunttirs aim for generally — lie Mpiul or tlie heut ? — A. It deixinds largely upon the position of the seal. The vital parts are in !«■. lieail, ill tlie vieiiiity of the heart, and, if a seal is shot so as to bleed internally, the hunters are sure J seo'.iriii;; it. The head ij the usual mark. 111. V. What is usually a safe shooting diatiince ? — A. It depends largely upon the circumstances ttlii'iMStr Somewhere between 10 and 'AQ yunls would be aliout the distance. I should say that it I the avi'r,ii;e with .sleeping or travelling seals. The sleeping seal is often approached to within even ls.Mli;m 1(1 yards, bit the uvcraje is from 10 to 20 yards for sleeping seal, and from 10 to 30 yards prtravelleis. I I. t'. The seal is very sensitive, is it not ? — A. Yes ; we have to approach them from the leeward Iffiiyp. Tlieir sense of smell is very acute. ll!. V. Do the seals generally travel far when wounded ? — A. That will depend upon where it i« ioiiiiil.'il. If it is vitally wounded in the head, it will hanlly move from its position, for it is likely to ; rii;liL tlu'ie, but it will not sink. This is from my own observation. There is only one way that a 1 will sink after being shot, thai is, when it is shot in such a manner as to be thrown backwards, bkin;' tail first, thus allowing the air to e.ar IHiii), wJnU in Behriufi Sea, one day we took seventy-tive seals, and the next day we took eiy;lity, and in tho wlml of that nnndior I oh.sorved oidy one female, and the hunters particularly informed me that they 41 1 not .see my female seals at all ; that they were all vitjoious yomi',' bulls. 17. Q. Would anytliinn; lead yon to think, Captain Kelley, that there is n likeliliodd (it n,,,;., fenlalc^ than nudes being killed between here and Shumaj^in Islands ! That is, from .l.uiiiiirv i, June '—A. I can safely .say that my i>er.sonal experience has been on the siije of the mah's, lii|M,,h_ botli on the coast and in the liuhriu},' Sea the numlier of seals cauglit is made up largely of inulci. 18. Q. Are there any months of the year during which there are more females caught tli;iinii;i!i.ii — A. I should say tlat, as far as my own observation has gone, there is no difference ; bat iiU'vm | month, during my voyages, I have had more males than females. 10. Q. Do yon know of any Canadian vessels who have raided the seal Islands during any vrarij I which yon have been engaged in the .sealing industry- '. — A. I have every reason to believe tint iiipiiccil the Canadian fleet have ever raided, or attemjited to raid, or made any ])reparations to raid, aiivs^l I islands in the liehring Sea. If any such a thing had hapi)eued, I should most certainly lu'Vc hniuildf I it, and I believe it to be true that the American schooners '• (Jeorge I!. While" and " Daniel \\■l:lp^l,.^• [ did laid the-e islands, as also the " Mollie Adam.s." That they did raid the seal i.slands is a liitt wsH known to all ('anadiau sealers. I also heard that the German schooner " AdMe " raided the IVilivhll Islands, which acf'',:;i met with the strong disapprobation of everv Canadian sealer. (Signed) C. ,r. KI'.l.l.hY, Sworn io at Victoria, liritish (.'olumbia, this 22nd day of January, 1802. (Signed) A. U. Mu.>;k, Oillcdor of C'lts'omii. jtt; lic/orc A. 11. Millie, Collichi- of Ci'.dums, Victoria, B.C.. J.inuorii 2:!, 1802. Captain William Petit, iivesent master and part owner of tiic steamer " Mischief," havin;; li,c: sworn : — 1. (/ {Mt: Milne) — Cajitain Petit, how many years have you bec! engaged in sealing ^—.1, vi| years, .'••ii'. 2. Q (,'ontinuously. — -A. Yes, Sir. :!. {J. What vessels did you cinnmamU — A. In 1880 I commanded the " W. P. Saywaid," i:i 1887 the steamer " Gmce," in 1888 the schooner "Sapiihiiv," and in 18,S'.l, 18'.l(l, and 181)1 the ' .M:iit| Taylor." •1. (J. Have your catches . Q. You have sealed south of Cajie Plattery, have you not, and followed the .seals almi^ coast of liritish Columliia and into I'ehring Sea '. — A. Yes. ."i*. '/ During last year, to yiair observation, were the seals apjiarciitly as plentiful from theoMsl to Shumagin Islands as they were in previous years '. — .1. I found llicai mure [ilentifnl las: yciinlBl I have any year since 188(i, that is, (.'ape Klattery north. (1. (,/. How dill you lind them in llchriiig Sea '. — A. I Inunil tlnni there in lic'iioi.; S plentiful us in former years. 7. (,'. Are the seals niw more frightened or more timorous than ihi'V have bet-n on a'lium: ll more ves.er cent, of grey pups. These grey pups are always bulls, and one vciU' old. '.'4. Q- Your catch, llien, would be about 75 per cent, of males last season ? — A. Yes, Sirj iiiiliuliii^' t!i(^ yearlings it vva.s more than 75 per cent. ■J. y. Yiai say gi'ey pn[is are always males ; will you e.\j)lain this ? — A. The Indians called my (itte;itiiia to this fact year's ago, but the reason is not quite known, still it is a fact. I have observed vtiv closely, and have never yet seen a female grey pup one year old. I try to accotnit for this by tlie Mipiiosition that the yearling grey male pups are driven early out of ISehring Sea by the oUlmlls. 20. (J. I^ist year, did you hear any remarks about the number or proportion of the males to female.s canglit i'lvm any one or any source ? — A. Yes, Sir; I heard that a nntch larger percentage of lu.ik's wui'c caught last year than in any former year. 27. Q. I would a.'sk you, Captain I'etit, if in any former years there was a similar preponderance gf mules — do you rem'inber of any such fact ? — A. Yes, I do. In 1880, when off Barclay Sound, in lout' (lav we had taken 104 seals, of which 3 only were females. In the following year, 1887, when off 'urtloik Dank, wt; took 79 in one day, and only 2 females were found in that number. 2S. Q. How do seal cows travel ? Singly or in pairs ? — A. They travel singly or in pairs. 2y. (,'. How do bulls travel? — A. They travel in bands, as do also the bull pups. They travel ingly too. 30. (J. Arc female .se.als carrying young very timid? — A. Yes, Sir; they are. They sink their lies so that nothing but their noses and eyes are out of water, and are therefore smaller marks for le hunters. 31. Q. Barren cows travel with bulls, do tUey ? — A. Yes, Sir; barren cows usually travel with le bulls. 32. Q- Are there any months in the year during which there are more females than males illeiW Any ])articular time that you have observed ? — A. No, Sir. .''3. Q. is it yoiu' candid opinion that there ore more barren cows killed than seal-bearing cows ? — Ye.s, .Sir; I think there are more. 34. Q. Ho these liarren cows, from the knowledge you have of seals— do you tliiiik that lliey ever 'Cimielieuing f—A. I think they do. Q. Tliat they will have periods of bearing ? — A. I don't think that a seal will bear before she 4 years old. .'i(i, Q. ilow long does a seal cany her young ? — A. It is understood to 1k) eleven months. 37. (,'. Wcie there any circmustances occurred to you upon j-our last voyage which would indicate iimrkeil decrease in the numl)er of seals ! — A. None whatever. Sir. On the contrary, 1 shinild say ere were more. There seemed to be nuire last year, at least we saw more that year than for several irs previously. 38. y. In your observation as to the habits of the seals, they appear ti be like the salmon — that ley return fmm no known cause in larger numbers (* — .1. Well, I don't know. Sir ; 1 think that they Av their annual migrations; lait there is cpiestion whether they follow the some track eve-i' year. (Ill will tiiiil tliem on some grounds one year, and in other years on other grounds. 3',i, (/. l)oyou think that the number of female seals killed in the hunt is materially injuring the ipnKluotion of seals >. — A. No, Sir. 40. (,'. ('an you give a reason for that? — A. From the small percentage of females killed, I don't link it wonlil injure reproduction in any way. 41. Q. Weic you in IJehring Seu lost year, and were you oixlered out ? — A. And was orderod out tlie Uaitcd States' ship " Corwin. ' I ^:i n \M ■■ (» 1 4 i; I ■ V''-.'.- ■■ ' ■-iifXi'*?!:^'-^-' '4V' '' !H:-MW ppphui 222 42. Q. Before being ordered out, what was your usual fishing distance from land ? — A. CO ^ I 100 miles. 43. Q. You found seals all along that distance from laud ? — A. Yes, in large number.s. 44. Q. You liad the prosjiect of a fair catch ? — A. Yes, Sir ; I had the jirospects ol' a very faj, I catch up to the time I wr.a warned. 45. Q. You consider it a very material loss, being warned at tJie time out of IWlniiig Sea!, A. I do. Sir ; I consider it a very heavy loss. 46. Q. You still adliere to the statement that the seals between 60 and 100 miles fitiiii Imid^tful as plentiful ns in any previous yeara in your experience ? — A. An plentiful us they were in uny vej, I since 1886. 47. Q. Did you observe in your catch in Behring Sea any preponderance of females over mate, | or vice versd ? — A. Yes, Sir; the males were in excess. 48. Q. Can you state from recollection an average day's hunt in Behring Sea ? — A. I"ciity-eij;|||| was about the largest I made while in Beliring Sea. 49. Q. Uo you rememl)er liearing any of the hunters speak of losing any seals by sinkiiii;!- A. No, Sir; I don't remember any instances of such loss. 50. Q. Did you cross from the American side of the Behring Sea into the IJussian side \—A. X« \ I didn't ; I came straiglit home to Victoria through Uunimak l'a.s.s. 51. Q. During the year, did you liear from an\- source that any Ci(nalaii4l your long exjicrience in the .sealing fleet here would have insured your being aware of it ' — .1. \A Sir; I sliouhl certainly have heard of it- learned it from huntor.s, masters, or seamen. It wmilillavil been sure to have leaked out. 50. Q. Is it your n])iiiion that ship-niaaters or ship-owners have been most careful in iiistnuiiii;l their masters or captains to avoid any interference \vhat(!ver with the seal islands \ — .(. I liuvcMn^l with diderent owners, and 1 have been instructed to carefully av. ]. K'l, Q. How do they travel? — A. Usually by themselves, or mixed with bulls; I have never uiid a cow with i)ups among the Inills. 10, (,'. Have you any idea what the percentage would be of the number of barren cows to the liiuber of seals caught ? — A. I could not say exactly, but the percentage is considerable, 17. V. Wliat is the accepted theory among the .sealers as to the barrenness of cows I — A. I don't Lw fls 1 have heard of any theory — unless they ore like other animals. 18. (J. ^Vhen you speak of bairen cows, you mean those who have l>een more than one season iYtn\i.—A, Yes; l)e(;ause before that they oi'e called juips. Tlie l)aiTen cows are those who are old pugli to havn i>\ips, but didn't. 19. y. You are ([uite of a clear opiuion, then. Captain Itaker, that there is a a>nsidemble jentasii' "f barren cows ?— yl. Yes, Sir. 20. V- Are there more .seals ."hot whilst sleeping tiian in motion ? — A. Yes, Sir ; my experience J been tlmt there are more seals shot whilst sleeping, and tliat is the experience of most of my nters, by their report. 21. V- What do you consider the vital part of u seal ? — A. The head or the heart, or in the neck. 22. V. Uo yoin- huntei's prefer to shoot the seal in the head ? — A. Yes, Sir ; on account of leiterviii^' tlic skin, and also that, the moment the seal is shot in the head, the head sinks and the bill cannot escape. Then, if the seal is not killed, the shot will stun it, and its head will drop below «r, so tlint it cannot sink. Q. What is usually a safe shooting distance ? — A. For sleeping seals the distance would lx> put 10 yanl.s, and for travelling seals the distance would be nlx)ut 10 to 30 yards. 24. V. Considering tha'/ the seals are shot in the head, and the greater portion whilst sleeping, will I state (lie jtroportion of seals lost, as comjiared with tlio.se hit, in sealing '. — A. The proportion is r small, liecause, ns Ihc usual distance for shooting is about 10 yards for a sleeping seal, we most jfiiys kill thciii instantly, and liciiig so near the seal — even if they are inclined to .■sink — they are (fell before tliey have tune to sink. If they even did sink 15 feet, say, we could catch them, as when kkiii;,' they no very slo\.ly. TIic, only time 1 know of when a seal is likely to sink is after it has leii cha.wii around in th;' boats and winded, then shot again, so as to be thrown backwauls, allowing jwiiid to I'scape from its ir.on« your iiituiil HtuiliiiM ilintmicM fnjt,, j^l Innd ? — A, I wiw not in lrMt4iiul you tii my tImt on llio lluHoian Hid<^ tho Kaiiio oliHt>rvuti<)iiH will n|i|i|| J tlio linl)its iiiid sluiotiu}; of si'iil iis on llio nmst ^ — A. I'roiMHoly tin* riuiio iih to timir niiMi|iiii((d|| liiil)tt«. :i:i, Q. 1>lll'ill^ tin* four ymrH tliitt you Imvo bet. You liavo lu'vcr hcaitl miy inforiiiiition of any of our walorN ooniiiviu^ to midili,., isliiiids ? — ,(. 1 iii>v( KiiMHian nIiIi', iitid il is n'|>iii(j| that tlio AiiHM'icnii wlioonor "('ity of San hioKo" aiMo raidod tlin (Numor IsIhiuIm laitt ytmr. .'17, (,>. You liavi) licard of ilm (Jfriiian xcliooiuir "AdMo" midiiiK tlicmi i8lllntlH^ ,(. V|,,.^ 188i», witli jiotu- HU('i'i»Ni«. Tluw illt>md aol,M iiiect with tlio sti'on)^ diHap|u'olmli(ni of t'vi ry (Iinmiii Kftlcr. 38, V '^od if Canadian sonlorN had doiio acta of that kind, you think it wouhl iiinHt nrlAJi^ Imvo loakiil out? — .(. It iuo.tt (•(•rt4»iiily would Imvc 'Ml V' ^'^***< 01'*' •liiito HatiNtitMl, then, that' not a Hiii^lo (!aiindiaii yclioonor at any tiiiiu liiLsnid tho sciil i.sliinds ; — A. Nui tii my knowlodno, 1 don't know of one .''iiinlc (."and. 4l>, (,1 VVlmt. Wii.s your oiitiit) cntvli liiHt sciiHoii T- .1. I,!)!)l for tho wholo Nfiisoii. 41. y. (iiviu^ your opinion in coiitidoncc, what is your o))iiiiiiii of llio sciiIm on the mmi imitd IMirinjf Soa ? Arc thoy docivaNinj; or ium'aHiiig ^ -,l, Kidiii my oxporioiico, I liavi^ mil wnn i (li'tMvHS(',liut I Imvo noiicod also that tlioy chuii^^t ihoir ^roundH from tiiiio to timo, and wliciv ydnj them tills yi'iir you iiiiiy not find tlu'ui tho iioxt. This was vory ixmiarkalilo during tho year iwi tin- souls won' nil I'oinul to tho oaxtwaitl of I'ribylolf Islands, whilo in foruior years tlioy wrw foiiiKJH tliu wostwai-d. 4:.'. V' ^VIlou did you tind tlioiii to tho ■ I wiiixl of SI, Paul's Island V I undorslaml ymiiii^ (hat you t'ouud thoiii vory iiumonius ? — A. M no than I ovor did iHifoiv. 4Ii, V- llnvo you any opinion to oifor iis tn tho roturn of tliu seals t,o tho ooast last \(uiif-,|.J Imvo no diroct opinion, Imt ooit4iinly tho soals woro more ]iloiitiful on tho noitli((o it was ivportod that somo Aiuorioaii sohooiiors had raidod Moal iMlmiilH lul Mir siioli a report ? — A. Vos, Sir; I lioanl a nuMirt tImt oortain Aniorioan sohoonoiM lnul nuildl isliiiids, Tlii> "(ioo. K, Whito," "Daiiiol W(«lislor," " Mollio Adams," iiiid for Iwd vi'im , I ,..'A 1 Sworn to lu'foro (Signed) 1110 at Viotoriii, ttritisli C'oluiiiliiii, this 22nd day of .Iniiimry, 18!)2, A. J{, Mwm:. Ciilli'ctor of ViiK/iwin. January 19. 18!t2. Olaivnoo Nolsoii Cox, masl«r of ilio Hchooner "K, It. Marvin," of Victoria, uxiuniiiod liyl'olh Miliio : — 1. Q. What vos-sols havo you ooinmaiidod on thin roust and in llohriiiK Sua, ('nptaiii Cnx! Imvo boon two yoai-s iimstor of tho "Triumph," and oiio yonr nmto of tho "Sapphiiv" wiihi bmthor. 2. (,', This iimkos your lifl,li or sixth yoar >.-■ A. This niako.s my fourth your, I wns in \\k Son so lato last yrnr; that is probably whj' it may ,soom I have Ihh'Ii out otlono.r than ollicis, '^. Q. Tlio intiuiry, Ciiptain Cox, is to olirit, tii'st, tho nunibor of souls lost by boiiij; hit, ilj allo^od tlmt you loso a lm>,'o pnnKirtion of those that are shot, and wo wish to got at tlio IhlIs. to o.stablish the nuuilH'r of fouinloH caught during the last and provious yiiiirs, and also id invest^ if thoix' woiv liny Canadian ,soaler8 raiding the seal islands. In tho spring of the yonr, wIumi ynuli iwrt, you yiyi down t. — ,(, Yes. 4. ('. I have boon given to understund that the seals tmvol in bands ? — A. Yo.s ; all llie« t. — A. I have never seen them in company togothor, I havo found the buri'en wws iindif in conipiiny. 7. p.' This Be])amtion is from nntural selootion, or instinct? — A. Yes; wliilo rarrviiigl young they are never found with tho bulls. The barren cows fwcasionally do travel with tlie lidlll 8. y. During what months have yon found more feumlo.s carrying yotnig as comiwredl other luonths of the sealing season ? — A. In the winter, when we lirst go cait — FeliruHry, MHrdiii April. mmtm ;ki!, iViij(if.i WUH ill IVll iillicrs. Iiciiig liit. Ill till" I'm.'*''- Isii 1(1 invest wlii'uywilf H's ; 111! Vlie« y liiipn ^^^m nirrynigt ith tlicMi ft coiniwre*' ■UHIV. U*v^i you liny iniviitti oiiiiiion iw to tlio irnsoii of iImh tuiipoiKiwiincti of tho nmlim IiiNt yonr In fiu'.t, I conUl linrdly nilviinco lUiy 226 a Tlml in, liolli li«»iing oowh iukI iMUiirn oow«, Uio ? — //. No ; ImnrinK oown, Tlioni mo nlno hv imiw iil«"'l "l "'"'' '■'""'• . „ , ,., ... Id V WImt •'" J"" """"' "y "Kwyi'"!"* ■—'■'• I nu yt'iiilniH ««!, Aftor Hint it in mllod a Lwii liiil'." >'"•" '* " twu-y(ii»M.l(l." II (', Ali'iiK lli« roiint, from tho tiniu you Htriko tlioni in tliti ftpvinK. do you "lioot t)io liicRor i.,jii,', ,,ttli(i hi'iiIm HlofjiiuK. or iirc tliiirf iiiorti Hliot wliilo triivulling? — //. Vc»; thn ItirKor jmrlion Itlio Hciile kilitiil iliirinK tlm sciimin iiro Mliot while nh'dniiiK. 1". ('■ Vim Miiy you fliiil tho iM'nriuK uowh tmvollinK c.onlinnnlly ? -/f. If thu woathov is rouj{h, in-o irnvt'llinK. hut if Hii"'. H»\V iini iwuiilly Hv.m Hlwiiinjit or rcHtinK. ; i;) I). In it II t'lX't tl">* •'"' fi'iniiloK with young nwini low down in tho wixtor ? — A, Yimj llui ImiIIh U Imirc'ii niWH k('r|) tlmir hdiulH well np. looking nronnd. I 11 o, Wlii'ii you I'onu! ujiiin u group of muiiIn, your ciitoh, thon, will iIii^hiikI upon wlutthor tliO Lii is (■(inipoMi'il of nirtlcN or fnninlim I— A. Yoh; very much. ^ I,"). (,'. Ah II iimtH'r of t'Ximriuni'i), (Juiitiiin Cox, Imvo yon conin nimn moro gro\ip» of nmh-N llinn of Lali'K iltiiiiif,' •''>' '"«'• y'"'' ""y ^ — '''■ ' '"*^" cunulit mold IiuIIh tho InNt Hoiison — ii gnint doiil moro. I f I (,|(j Hciiis (• ing \\\> thf cniint hoforo t'Utering Ikihriiig Huii, iiml of tlioHo ulKiut 1!) por ri-nt. would I iniiii^. III (,'. liiivi „ . . |,,i„i,.ii„.,.,l witli |iicviouM yi!m«'' — A. I cnnnot iierount for it. I nf iIh- I'liusr. I gi'l lli'i most cf thoni from t^ui'dii ( ,'hiirloll,o iHliind wmHt northwiirdii. 17, (). ViPii tliiiik, ihoiigli, with hhuk' of tlm otJuM' stiiilcrR, thnt iit nhout Miiy tho row.M iiro well in ■viiiit'is goiiiK to llohring Hi>ii, to tho liroi'ding groundu, con»oi]Ui)iitly tho mnhm would Iki loft liiiid?".'. 'Ihftt in tho only mmon I ciin soo for it, hucnuBo wo got vory fow fomaloH "with jiup" 1h' {I. Whdt do you oouHidor ii snlliciiMit uliooting distnnco, tlmt is, Hufliciontly chHO. rnngfl sk'ciiiii^! ■'"'I'''' '""" '■'• ^ K'"""'' many ant nhot insido of 15 yardH. 1 think ahotit Ifi yards. )1), Q. Am a pi'ofcHfioiial sonler, what is yonr lionost and randid ojiinioii iiliout tho poroiMilagn of lb lost, tli»l i.i| tilt' iiunilu'r lost aftor kiing hit — thoso that sink/ — A. With tho Indian hniitorH it iiiki not nuKHint to one in a liundrtMl. Thuy kill with tho spear, and I know it would not amount (o rcciit. 1 wax only ono season with Indian liuntorn. List year I had WliitoH. I do not think tho would 1"' iiioie than 4 or fi per ootit. with shootinfj; liy tho whito hunters, 211. {>• Tlie speiu' of the Indian sealur is liarhod, is it not, and fastens in tho animal ? — A. Yes, it Iwo Imrlis and a lint! altaclied, so that they aro suro of their seal unless tluiir line breaks, or tlio Tin not stuck in far enough to hold, neither of wliieh ha)))ienH often. 21. Q. You enii (piito eonfidently state that the loss of seals killed Ity whito huntors would not lul 4 or r> per cvni. '. — .'(. I can. 22. y. TliLs you hase upon yonr riwn personal knowledge ? — A. Yes. 2;i. (,'. Mow luauy of a erew do you carry on your vcasol t — A. Six lioats, thnt is, six hunting l)0at8 II stuni liont ; seven in all. 24. (,'. Your siiip's eom|>any would 1)e how many ? — A. TwiMily-tlirco men. 3. Q. And Hie number of hunters? — A, .Six hunters, or, eounting tho storn boat, sffvoii Km, 20. C. Your catch last year wan how nniny skins ? — A. On tho coast 848 skins. 27. Q. Of tiiat number how many would bo brooding seals? — A. 1 do not think tlicro would Iw limn l.^i per cent. — about ]2(i female skins. 2R. Q. AVliat percentage of them would be barren femalo skins ? — A. AlK)nt 10 per eont 29. Q. Is tlic iiereontago of bearing cows greater than tlmt of barntn cows ? — A. Ves ; overy year ly experience tiiuro Imvo Inien moro bearing cows than barren. 30. y. About \t) por cent., then, would be 1>earing cows, and 10 per cent, barren ones ? — Yes. ;!I. y. You staled that it would entirely depend upon the groups you struck along tho coast itlicr you got niaUis or females >. — A. Yes. ,32. Q. And you base yoin- tigiu'cs upon four years' oxporicnce ? — A. Yes. 33. Q. Tlieii you know tho percentage of bearing cows would Ijo 15 per cent., .and the barren cows _ 'XimiA—A, Yej'. The fiint year 1 was with my brother 1 ladieve we had not moro than 10 per It ji'i:u>v seals; one of our seasons wo had at least 90 jwr cent, bulls. 34. y. 'lliat stateiuent applies to Hehring Sea? — A. Yes. 35. I), \Vl lit yc^ar was that f — A, 1HHl>, when I was with my brother as main of the " Saiiphire." ciitcli on till-, count up to Ilehring Soa was aliout 00 per cent, bulls. 36. Q. Ill tl e Hehring Sea, what percentage of females hail you, as compared with males — I told tlieic are ii'.ss bulls ( — A. T think tho iwrcentngo of bulls in liehring Sea i.s less than on tho 37. Q. liiiclielor bulls >. — A. Yos. Tho greater percentage woidd be cows — licaring cows; after they |edrop])eil l!;oir young wo don't get them in Benring ,Soa. 38. y. Do you not tind a lot of bachelor bulls hovering about tho outskiits of the groups of seals ? — |Ye8, we get some, but tliertf are moiv females in IJehring Sea. 39. (?. l)id you find it so last year ? — A. Of course, I was not in Hehring Sua long enough to 40. Q. Your romarka, then, would not apply to last season ? — A. No. i 41. Q. Y'ou think there wouW bo about an equal numVier of cows and bulls in Ilehring Sea ? — ifes ; I think that tho b\dls and cows are about equally divided. I 42. ^, It is well known among sealers that tho old bulls keep their herds, and drive the " bachelor " soff?-^. Yes. [305] 2 G 3 f i 1 Mi 22n 4H. Q. Do you liml iimiiy {^'oups of liRclielor luilla in Heliriii^ St'ii? — A. We do not liml Uicnul uiucli in gitJUpM 113 on the conNt. | 44. Q. Taking your whole eutcli for the )mst year, skni for skin, wlint purceutflne of f(iimK.j,||,^j you? — A. We hail not more than 25 per cent, barren and bearing cows. That wonM leave uititlial 75 per cent, bulls. 45. Q. 25 per cent, females, including barren cows ? — A. Yes. 46. Q. In the years l)efore last would that percentage hold goo — A, Yes, Sir. 59. Q. You were not in IJehring Sea lajst season? — A. I was in, but didn't stay long;l?>| ordered out of it. f)0. Q. You left as .soon as ordered to leave ? — A. 1 did; came direct home. 61. Q. Who warned you ? — A. The British steamer " I'heasant." 62. V. You didn't try to seal after that !—A. No. 63. Q. Or lowered your Iwats ? — A. I didn't lower any boats after receiving the owler. 64. Q, You have hetird ot come American schooners raiding Copper Island ? — A. I have. 65. Q. Do you know the McLean brothers ? — A. Yes ; and the " City of San Diego " here, t the " Webster " and " J. Hamilton Lewis," three American vessels who raided Copper Island. 66. Q. You have no idea of why the seals were more plentiful along the coast last year than o seasons ? — A. I have no idea. 67. Q. There has been no practical theory advanced as to why last year the seals were i plentiful close in shore than in other years ? — A. I have none, except that it is on account of theitf«( fish. The seal follows the food. The earlier those fish strike along the coast, and the closer in shi the earlier and closer to the coast we get the seals. (Signed) C. N. COIl Sworn Ixjfore me, this 18th day of January, a.d. 1892. (Signed) A. R. Milne, Collector of Cudoms. Captain Alfn^l Bissett, m i.r of the Canadian schooner " Annie E, Paint," of Victoria, Biil Columbia, being duly sworn, suj s : — 20. Mr. Milne. — How many years have you l)een engaged in sealing? — A, Two years; tliisiii third year — have been master, mate, and hunter. 21. Q. You have had alwut average luck ? — A, Yes ; about the average. 22. Q, You Iiave followed the seals from south of Cape Flattery north, haven't you!- A. Yes, Sir. 23. Q. During the last year, to your observation, were the seals as plentiful along lie coa«tn| they were the previous years >. — A. They were. 24. Q. Did the seals appear more frightened than usual? — ^. I think not; I noticed i difference. 25. Q. Did you notice last year, or any year, in hunting seals, that the cows travel togethalj themselves, and the bulls by themselves, in herds ? — A, I did notice that the bulls, in a geiierah travel together, and the cows together, and small seals— as a rule, pups — travel together. 26. Q. AVhen h\niting, of course, if| you struck a band of bulls the catch that day would I principally bulls '(—A. Yes ; principally bulls. 27. Q. Do you think more seals are shot while sleeping than when in motion?—.^. 01i,yes;i| more ; about 80 per cent., I think. 28. Q. What do you consider a safe shooting distance for a sleeping seal l-^A. For a .sleeping i about 2U to 30 feet is a sure distance, 227 29 0. And when tliey we on the move, what is the distance ? — A. Well, from 25 to 30 yards. yo Q. wiirtt is your opinion of tl»e proportion of sciils that are lost after being hit ? — A. I think i from 3 to 5 per cent, would cover everything. 31. Q. Where do you aim for in shooting a seal ( — A. I aim for the head. 32. Q. So when a seal drops his head down, the air is stopped from escaping f — A. Yes ; that is [the reason we shoot in the head. 1 33. Q. During last year did you notice the proportion of females to males killed ? — A. From I countinj? the skins, and noticing the seals coming on board the ship, I should form 75 to 80 pet cent were bulls, and the remainder females. 34. Q- Do you know the reason of that ? — A. I don't know, unless the cows travel a little faster tthaii till) bulls, who follow the coast. I have always noticed that there are more buUs killed on Uie {coast than there are females. 35. Q. H.ive you over noticed when the number of females predominate ? — A. I hardly know, but [I have noticed that during Uie months of March and April that there were more cows than males than I in the months of May, June, and July. 36. Q. Can you form any idea, from what you have heard, whether there are more females kiUed [than males >.—A'. 1 should say that there are decidedly more males. That is from what I have heard {and s««i> myself. There is no doubt that the low price obtained in London this year is due to the [laige number of small bull skins taken, the skins of the females being larger and better. t 38. Q. During the two years that you have been engaged in sealing have you ever known any I Canadian vessel to raid any of the seal islands ? — A. No, Sir. { 39. Q. If there had Ijeen any such thing going on, it would have leaked out ? — A, It wonld [certainly have leaked out, and I would have heard of it. It is almost impossible to keep it quiet. (Tlie above having been carefully read over to Captain Bissett, he corroborates and substantiates I the same.) (Signed) ALFRED BISSETT. Sworn liefore me at Victoria, British Columbia, this 18th day of November [sic], 1892. (Signed) A. E. MiLNE, Collector of Cuatoma. January 19, 1892. Captain Theodore M. Magiiesen, in command of the schooner " Walter A. Earle," of Victoria, (examined by Collector Milne : — 1. Q. How many years have you l}een sealing in Behring Sea, Captain 'Magnesen ? — A. Three Byeare ; this will be my fourth. 2. Q. You have had very good success last year ? — A. Yes ; very fair success. 3. Q, Did you notice last year any perceptible decrease in the number of seals compared with Lrevious years ? — A, I think they were more plentiful last season than I ever saw them before. I 4. V- Do you mean in Behring Sea ? — A. Yes ; both along the coast and in the Sea. The biggest [catch I ever made was last year, on the coast as well as in the Behring Sea. 5. Q, You have noticed the habits of the seals — how they travel ? — A. They travel in batohes,the Ibull seals by themselves, and the cow seals by themselves, and the yearling pups by themselves. 6. Q. As a matter of fact, are there more seals shot while sleeping than while they are travel- lling 'i—A. That is hard to aay ; but I think there are just as many shot while moving as there are ■sleeping seals. 7. Q. When you shoot seals by sleeping, what is the safe shooting distance? — A. About [25 yards. 8. Q. And when travelling? — A. About 45 to 50 yards. 9. ^, The usual mark you shoot at is the head of the seal ? — A. Yes. 10. Q. When hit in the head, the seal does not sink ? — A. No ; .sometimes he does, though, if he lis shot when short of wind at the moment, and he will sink if you are too far away to pull it out. 11. Q. Y'ou liave noticed them sinking ? — A. Yes ; they generally sink tail first. 12. Q. If the seal is shot in the head, he drops his head, and that confines the breast, and it floats ? -A. Yes ; that is the way I have accounted for them floating. 13. ^. How many seals, in your experience, do you think a hunter loses out of say, 100 shot at ? — L I know my head hunter killed 498 seals last year, and 17 of them sunk. 14. Q. That would be about 3 J per cent. ? — A. Yes. 15. y. Do you consider that a fair average on the number of seals lost ? — A, As an experienced hunter, I tliiuk it is a fair average 16. Q. Would you say that a man who loses, say, 5 per cent, of the seal he shoots would not be {ta cxpetienced hunter ? — A. He could not lose more than that. 17. Q. Will that percentage of loss apply to the travelling seals as well as to the sleeping lals?— J. Yes, the most of the seals lost are the ones shot by the ones moving or travelling. 18. Q. Your boats carry ix)le, sjjear, and gaff ? — A. Ves ; arid if the seal sinks down 10 or 15 feet iiey are easily recovered. 19. Q. If you were on your oath, now, and heard any i.ne say that for every seal that was killed Hide or female, one was lost, you woiild say it was a misstatement ? — A. Yes ; that is not so. 20. li. If any one came here and said that for every seal yon hit you killed another seal——? — That is nonsense. 21. Q. The highest percentage of loss, you say, would be 5 per cent, for sinking seals ? — A Yet ; I !' ■il-l '' wmm 228 and I may say that I have tnken seals with whot in thoni, dropi)etl out when skinning, oml tlmy wwue,] | as strong and healthy as ever. 22. Q. That is to say, that unless you shoot a seal in a vital part, the wound heals quickly!.. A. Yes ; ond unless you hit it hard the seal gets away. 23. Q. You have seen females with young l—A. No ; I never saw them carrying their young j, the water. 24. Q. Down the const the seals are pretty well divided, are they not 1 — A. Yes. 25. Q. The cows travel by themselve-s, und the bulls by themselves ? — A. Yes. 26. Q. Did you say that you have cnuglit mori> bidl hobIs than cow sealn during; t\w sinson!, A. Yes, along the coast; but when I got up and up I got more bulls than cows. 27. C- What months have you seen more cows in proportion than otlier months >~A, d I February, March, and April. 28. Q. T!ut even when you see more cows the average of the seals killed is in favour of tholuUj, I is it not ? — A. No ; it is about equal. 29. Q. You say the cows travel quicker towards the Behring Sea ? — A, Yes ; when we get furthei | up the cow seals seem to leave the bulls behind. 30. Q. Has it olways been so?— u4. Yes ; I have got 181 seals in a day, and not a cow nnionat i th)>m, but you sometimes get one. I think the average is abo\it 1 in 90. 31. Q. You always get more bulls than cows ? — A. Yes, up there. 32. Q. How many out of every hundi'ed seals you hail on board your vessel last year would le I females ? — A. I think fully a halt of them would be cows. 33. Q. How many of them would be bearing cows, and how many of them would be barten I oows ? — A. Of bearing cows, I think about 18 or 20 per cent, would be bearing cows. I do not tliinii there would be so many as that. I had 2,000, and I think there would Ije only about 12 or U per cent, with pups ; the others would be what are called barren cows, and a lot of them would be dij cowa 34. Q. With the barren cows and the ones bearing young you say would make up about half yon catch ? — A. Yes ; about half and half. 35. Q. The proportion of males and females, though, depends upon the crowds or groups you m into ? — A. Yes ; it depends upon the band you strike. 36. Q. You never, at any tiiue, had more females than males in any of your catches 'i—A. No, | never. 37. Q. While in Behring Sea during the last four years had you ever heard of any Canadiai I schooners " raiding " the I'ribylofT Islands ? — .. No. I never heard of any of my crew being engajted in such. Several of my crews told me of Kw American sealers raiding them, but I never heard of a | Canadian vessel doing so. 38. Q. If you were bound to maki statement on your oath, you would say you believed Ml Canadian vessels ever raided the Pribylotf Islands for seals ? — A, Not as far as I know. 39. Q. You believe, as a matter of fact, that the owners of Canadian sealers and their mastts | have never countenanced this raiding ? — A. I believe that is the feeling that prevails among thejn «1L 40. Q. You have heard mentioned the names of the American vessels that mided those islands !- A, Yes ; I heard of the " Mollio Adams " and " George R. White," but not any others. 41. 0- Yeu have not heard of any others ? — A. No ; I have not heard of any others. 42. Q. You have heard of vessds raiding the Copper Islands ? — A. Yes ; I have heard of the I " Hamilton Lewis " and " Webster " raiding Copper Island. 43. Q. Those vessels you name are all American vessels ? — A. Yes. Q. Manned by American crews ? — A. Yes. Q. Have you any recollection of seeing any of those vessels in this (Victoria) Harbour!- 1 44. 45. No. (Signed) THEO. M. MAGNESEN, Sworn before me, this 23rd day of January, a.d. 1892. (Signed) A. R. Milne, Collector of Customs. r\ Henry Crocker, hunter on board the schooner " Annie E. Paint," having been sworn : — C5. Q. How long have you been cngoged in sealing ? — A. I have been hunting now fiU' tliiw I yeai-s ; this is my fourth. j 66. Q. From your observation, do you think that the seals were as plentiful last year ns tky I were during the previous seasons? — A. Yes; from what I saw of them I nm sure they were just ail many as before. 67. Q. In what months do the female seals seem to bo the most plentiful in the sea grounds? — A. I believe that from Febniary to May the females seem to predominate innimibenU that is, when the cows are getting heavier with young, they make for the islands sooner than thi] buUs. 68. Q. Is it more difficult to shoot a female seal than it is a bull ? — A. The males are more easil; j killed than the females, owing to the inquisitiveness of the males, and the females being more shy,aiili also as they move along the water with only their nose visible. 1 69. Q. As an experienced hunter, what percentage of loss have you had by seals sinking i.—A. M is very rarely that a seal will sink. I have been a whole season and have not had more than halt tj dozen sink during the whole season. 70. Q. Can you form any estimate of what your loss has been I'^A, I would say not morctlwl 3 or 4 per cent 229 71 Q. Was the low laat year more than in previous years ? — A. I oould see no tlifTorence. ^ 72 U. As a rensdii for the small nercentaj{o of l(»ss, you cot very near the senia before shooting I — <> I Yes Sir ; the ustial distance is within alwut 20 feet tf) a sIoepiiiR seal. ' ^ n U, if a ma" has a liigher percentage of loss tliaii that, liu must bo caioless, you think ? — - '■ ( Yes I slioiild say so, and not u first-class nunter, for there is no nof-essity for losing a seal. '"' ' li Q- Hf'*'* )'"'"' percentage of loss iigruu witii other hunters with whom you have conversed? — ' i Yes. 75. Q. So tliat on the coast and in Bohrinj< Sea the same percentage would apply ? — A. Well, on ^ tlif. coast one does not very often sink a seal ; but in Behriug Sea, if a cow, having delivered her pups, I H shot she will be mure apt to sink, as the blubber is very much tliinner. But, on tlie whole, I think the iMiiceiitage will not bo more than 3 or 4 per cent, of loss. ■ 76. Q. Have you taken notice in hunting whether tliore are more females than males, or the ' niveiso' taken ? A, There is fully 80 per cent, of bull seals killed off the const, as well as in Uehring I Sea. I tliiak the iiiaaou for this is that the younger bulls are driven oil' by thi! older (ines, who guaitl [ their pnrticnlnr herds. 77, Q. In the three years you have been in Behring Sea ha.s it always been your experience that hlit'ie wiire iiuire males cauniiL than females ? And in what proportion ; — .1. 1 say about the same as tliia year ; 1 d.iu't see any difference, I 78. Q. l>oe3 your percentage of fenwles taken agree with that of other hunters with whom you liiive conversed ? — A. Yes. [ 79, Q- As an experienced hunter, then, you adhere to the statement that for the whole scascm s fciiti'lies for the years you have been Imnting, that the percentage of seals caught will bo about three IniiUos to one female I—A. Yes ; about that. 80. Q. Do you include in that statement barren cows ? — A. Yes. 81. V- Have you any idea or reason of your own why the males come to predominate so |^ii(.|i 1 A. I thinic it is because the females make for the islands earlier than the young bulU and Ibamn cows. 82. Q- Have you ever heard of any Canadian vessels raiding the seal islands ? — A. No, Sir. 83. Q. You have never heard of any Canadian master or owner offering any inducement to Ihunters to raid the islands ? — A, No, Sir. 84. Q. TJiere luis never been any bonus offered you to raid the islands ? — A. No, Sir ; while in Icliring Sea we are always too anxious to get away from the islands. 85. (?. If any Canadian vessels had raided the islands you would have likely heard of it? — 1^, Yes. I tliiuk it is impossible to keep it ns quiet as that. 86. Q. You have heard of American vessels raiding the Copper and Pribyloff Islaiuls ? — A. I have Am\ it. 1 have known f>I the American vessels going into Sand I'oint ,just alter they had raided Ehe islands, and I was in J^and Point when one vessel was fitted out for the purpose of nmking 1 reicl. 87. Q. Tlie masters with whom you have sealed all seem to have avoided the islands ? — A, Oh, vta ; tliey keep away from the islands between 50 and 100 miles. (The foregoing having been read over to the said Henry Crocker, he corroborates and substantiates ho whole of the said statements.) (Signed) HENKY CUOCKEK, Hunter. Sworn to before me, at Victoria, British Columbia, this I8th day of January, 1892, (Signed) A. It. MiLNE, CoWcctor o/ C?m . (ieorge Itoberts, hunter on board the schooner " Annie E. Paint," being duly sworn, says : — 55. y. How long have you been engaged as a sealer ? — A. I have been at seal-hunting for thi-ee \mi, one season as a hunter. 56. Q. Were the seals more plentiful last year than in previous years ? — A. They were just about hi same as regards number. 57. Q. How do the sea s generally irave — in mixed numbers, males and females together ? — The seals tmvel in bands of bulls and bands ti cows, both by themselves. 58. Q. What is the proportion of seals lost by sinking after being shot ? — A. Well, I should say at 3 to 5 per cent, would cover the whole loss. It is not more. 59. Q. What is the distance you are off a seal when you shoot, generally ? — A, Well, from 20- to I feet for a sleeper, and for a traveller from 25 to 30 feet. 60. Q, What iwrt of the seal do you aim at ? — A, I aim at the head, a.s the best place, being the »t 61. Q. Do you think there were any more female seals shot than males last year ? — A. No ; I link there were more males shot ; in fact, I think that since I have been engaged in the business here have been more males killed tlian females. 62. y. What months have you noticed moiti females than moles i — A, In the mouths of March nd April there are more females than at any other time. There are more females killed during those bontli.s than there are any other time. ' i 63. y. Have you ever heard of any of the Canailiun vessels poaching on the seal islands ? — -A: T levetdid; I would have heard of it if there had been any. I have heard of the American raiden; lit I do not know of a single Canadian vessel raiding a seal rookery. ' I! \ 1 ■■' ■■ I' i^«^lippipM|piii^in««i ^iiiilPili fltO 64. Q. If B seal is sinking, does it nt> quickly or sluwly t — A. If it is not too far away it cm always be secured, as it does not gn tno i|iiickly to get it. (The above having been read to the sui(> Oeorpo Koherts, he corrobomtes nnd substantiatvi) all o| the foregoinir slAtements.) (Signed) OKOROE ROBERTS, Ihntir. Sworn to befcre me at Victoria, British Cnluniliiu, thin IHtli dny of January, 1H02. (Signed) A. R. MltNT Collector of Custonu. Richard Thomson, hunter on i>oard the scliooni'r " Annio K. I'liinter," I«iii(; duly Nworn, tiayH:— 40. Q. How long have you lieen engitged in sealing ?— A. I have lieuu engaged as a hunter fur two years. 41. Q. Were the seals as jdentiful lust year ns they were the previous year, to your observutiwi U A. Yes ; I believe they were. 42. Q. Were tlie seals apparently harder to approach than they were in previous years (—A, No; I can't say that I saw any difference. 43. Q. How do the seals generally travel ? — A. As a rule the bulls travel separately, ami quite i distance apart generally. 44. Q. What is your experience in hunting as to the numlier of seals lust after being hit '—A. [ should think from :< to 5 per cent would cover all. 45. Q. What is the usual manner in which Huals inv. lout ? — A, Well, if the seal i^i in u tcuviiig tix I months of April and May. Tlierc are apparently more females, but nut a.s many as males. 53. Q, Yuu have never known of any Canadian schooners raiding the seal islands, huvcyou!- A. I have never heard of a Canadian, but I have of the American. 54. Q. During the time that you have been to Behring Sea, yuu would have heard of it ^—A. 1 1 would certainly have heard of it. ■65. Q. You have always sailed out of this i)ort ( — A. Yes, Sir. (The above having been read over to Richard Thomson, he corroborates luid substautiala ] the same.) (Signed) R. THOMSON, Ihnta Sworn to at Victoria, British Columbia, liufore me, this 18tli day of January, 1892. (Signed) A. II. Milne, Collector of Gnutomn. Victoria, B.C., Januan/ 22, 1892. Andrew Ijung, called and examined by Collector A. E. Milne : — 1. Q. You are one of the oldest seal-hunters in the province, Mr. l.,uing i? — A. I have Iwental years at it. 2. Q. YuuT knowledge of scaling really goes beyond the present knowledge of the average sealer! I — A. I have had as much experience as any of them. I think I know as much as any of them. 3. Q. Your observations o*: c.ie west coast extend beyond the advent of the sealing business it I Behriug Sea ? — A. Yes. I went on the coast in 1871, nnd have been sealing with natives for the is* | twenty-one years. 4. Q. You had ample opportunity of observing the life and habits of the seals? — A. Yes. 5. Q. From those observations last year did you notice any perceptible or material decrease in tiie j unmbsr of seals? — A. None whatever. 6. Q. It was generally reported last year they were more mimeious tlian the year before !-| A. Yes. I think, if anything, they were a little more nimierous than 1890. 7. Q. Does that remark apply to full-grown ? — A. To full-grown ond mid-sized. .- 8. Q. What direction do the seals on tlie coast usually come from ? — A. They come from the sontl,'! following the herring, which spawn on the west coast and different places, and the seal follow th fish into the shore or far out, as the case maybe. The natives get a great number of these seaiii a a school of herring. 9. Q. What is the usual distance which the natives hunt away from shore ? — A. In the spiitl m hcv will liiii't 10 mil-''' niik'N'ofT, li't"''' i" H"' HriiHiPii 20 or 25 iiiilpn. I Imvo neen tliom 40 milo« from III (I. lliiw lull;,' (liii''< tlic liillitill;,' of tlu^ Ki'rtl im lli(^ xmhI ciiiist iisimllv h\ni I — ,4. fniniiicliccN ill '.liiuiiiv'iii' 111"''' '■'"' "' •'"•i'">iy. ill"' Ik'*''* 'ill "i'' '''t •'line, wiii'ii Vdii ^ji'l iiifPiv (ir li'Ns si'iils ; y(.u II ..,■! ill-'"' slni^'jilii-'* i» ■'<'')■■ "l I 0. .Ami till' 'i'"'l'''i'y "f '!"' *"'"!'' '^ f'"'" ''"'"""''' ' — ■''^ Vi'S, fiilldwiii),' tlit'ir t'lHid Hsli, ]■< !), V(.ii liiivr N'l'ii (liiwii till' fiiiist to vlicii! you luiivttlio sciiIh in their nii^^i'Htion i — A. I Imvo III' ilnwi'iii" far 1'^ ISliDiil Water Hiiy, Colnniliiii li'iver. |:i (K lliiw ilo you nieet tiie .seiiln — in liiryii IjiiiuIm or liiitt'lics' — A. Yea, in sclinols, from two to ifeiiiv ill a «'li""l' , . . . ^ X, c,. II. r,/. Id) tliey seem to triivel in [imrs > — A. No, .Sir. I'l. /', jdiyoii liiitl in these schiMiis, or liiinelies, they aru all ninlcM or feniiile.s t — A. They are mixed. Jri'iiiciiiher nil iiisliiiiee — I think in IHHd — when we ^jot on the eortst oil' ('ii]ie Flattery either 104 or lO'i mil :iol posilive, iiml mil of that there weri' over KM) iiiiU seals, iiml the next day wo K"t 'il'"iit i^ti, Lil (iii( (if lliat iiuiiilier over 7" were liiills. Tim* was in tlie year 1H8I>. ll'i, I). Would yoiir ipliserviition lead you to siipiiose that your eateli would depend entirely upon ho "iiiup of hiillH or I'l'iiialuH as to whieh your catch would he composed of principally >. — A. As we ^;et iio«;;st tlieia ; yes. 17. (1. Itul takiii;.'ono year with another — from iHSOtothc present time — have you seen nny more ...ilis killed tlinii of hulls ? — A. Xo, Sir. I think wc have ^ot about three milieu in five, and when Lut lip iilioiit the Hank, aiioiit Middletoii Island, 1 think they will average more males than IS, Q. When ynu strike the souls on tlie coast about 40 or oO miles from sliore,do you find a largo iiimliiiii of tlieiii sleepiiij,' ? — A. They are j,'enerally sleeping;. The Indians get none l>ut sleeping (lis, I liiivi' never heen working; with Whites. III. y. The natives ap]ii(ini'li tlit? seals very close ? — A. Yes ; and he comes to the leeward of them, pil if there i" any ,sea on they ^'el into the troiij;h of the sea and make no noise. If lie went to wiiid- Bvii tlie seal would scent him, and oet awav. 'ill. (,'. When he );cts close enoii;;h he throws his spear, iiiid seldoni misses? — A. Ye.s ; he don't kis.'i ma' ill tell. ■1\. ','■ And when once his spear is I'listcned, the seal iiiver ;,'els away ? — A. No. ■J.'L (/. If an liuliaii loses more than what yiui say, he wmild lint he a ^;oiid hunter '. — A. Xo ,'nfid jlall. It would not pay to " i ack " him. i;), (,', i>o the Indiiiiis e\cr shoot '. — A. Sometimes. They never shoot if the .seal is sleepiiif,'. W. Q. llocs that ])erceiita;^e of loss a|iply lo the sle(!)nny seals only '. — .(. Vos. 25. I). Villi mean liy "loss" — what '. — A. Vix siiikiiij,'. L'O. (,'. If the seal is wounded so it j;ets away, you d(ui't consider it lost? — A. No. 27. V. If speared and wounded, and .scurried off, you don't consider it lost? — A. Oh, no; not 28. Q. The Indian hunter is very close to the fiuarry, niid rarely misses his aim '. — A. Well, ho III m't within 25 or ."O yards of it. 2'.i. (/ Have you nuticed any marked difference in the manner in which the females canyiuf; UniL! tnivel as comiiared with the males '.— A. The only difference 1 could see is that they will travel I tiist fur a little distance, and then turn up and rest. ;',», (/ I mean, ilo they sink their hodies more ? — A. No ; tliey do not. ;il. (/, Do you think that the female is more shy than the male, that is, those "with youiif;" >. — Xd; I think they are not any more shy. The female is always inclined to be deei)y. The male [always nil the watch, and will ri.s(> till his head and shoulders are out of the water. ;12. V. line hunter has said that the female lies dee]) in the water, exposing' only a jiortion of her 111 '>.—A. 1 have never noticed that. When lyiii;,' asleeji one-lmlf of the heail is under water. 3.'>, (,'• Then you will .say that the pevceiita;,'c of loss of the Indian hunters is not mure tlian how nv ill till' liiiiidied '. — A. Not iiune than one in ten ; not more than 10 ])er cent. ;'4. (,'. You say ynu never hunted with white men until this year ? — A. No. 3.'. (,'. If any ]ier.son made a statement that there is a "greater amount of lo.ss than what you say, iwoiilil nut re;,'ard it as correct '. — A. 1 would say it was not correct, with Indian hunters, 30. V. Your statement is based upon actual experience > — A. Y'es. 37. (i- 111 ,i;niii<,' down the coast in the siirinj,', in February, March, and April, have you noticed that biik.s are more plentiful than in the followinj,; months ;■ — A. 1 do not think they are. 38. Q. I'lUt as they come from the south, you think they are not ? — A. Hetween January and June, liftffi'LMi the simtli and the Shuma^'iii Islands, have you noticed any time or plac(! where there any iiioie females killed than others >. — . 1 . I think in May, I have noticed one tliiiij,' : you will itiiul,tiikc one in ninety, you will never find a female ]iup. AVIiere the female young go to is .sonie- ! that the Commissioners ought to have found out before they came down from the sea. oil. I). It has been stated that the Indians say there is no such thing as a female grey pup ? — A. I le never seen one yet, and cannot nccouut for it, unless the females go one way and the males Tthur. 41). Q. Aiuiiiig all yearling grey pups, there has never been any one known to have found a lalef— vl. Yes, it is a fact. I have lieard a ;>rcat deal of talk of females having young on the kelp. Ibutldou't think that is so. Some hunters report of seeing pups off Middlcton's Island, but I fcktliat is iiapossible. 1 41. Q. Have you ever seen them cut a pup out of the female seal ? — A. Yes ; and I have seen the ) cut out walk or move about the deck of the vessel, and I have tried to raise it. I have also Jwn it into the water, and have seen it swim uliout like a young dog ; I have seen it keep afloat for ten minutes, as long us the vessel was within sight. Un tbe jsliinds, the mother seal wiU take thQ .,.! \m) 85 0!^2 7:!!! ■'* TouiiK niul fiii'cc llu'in into tiio waior to h'lioli ihciii td -^wiiii. Tl<>v will iiPVi'r liiko tlic wnti'v fi,-, tluMiisi'lvt's I'lir fnmi six weeks to tun imuitli-^. 4:2. (1. Voii tliiiik tliey will n\viiii .JO yui'iis prolialily, nr loi) viWils? — vl. Yes; lnU ilnni i],;,;! they could live eoutimiiiUy in tlio wiiter if tliey W(!ve horn ii\ il. I ■I:!. (/ When you suike the se;ils on (he west eonst, wiiiil WiuiM y(!U say Wiis the umihI ilj^;,.j I per (liiy thiil tlie seuls tnivel ? — A, Th;it i^t iuipossihle to s.iy ; it th'iieuds upon their food. 44. Q. Thutis.thoy liM;;er lou;.;crover ,i,'oiid loid tiiiiu olherwisi- '.—A. Y(.'s ; I ruiUv'Uiljtr in, |tlj,; I IMUS, whoro nil Iiidiiiu threw his s]i{Mr iil ii seal, and his liiK^ hioke ; il was near the .Sliuiiiii;,'iii \Ak}\ mid he took tiie saline seal tiie next day — \\i\ liiy-to iill iiij,'ht— and lie recovered his own iiim ,,|,,,| head. That niinht show the distance they nicve in. .say, a iii^jht, li'caiise it did not travel j'lu-. 4."). Q. When you lower your hoats two Iiiiiiaiis ^,'0 to i canoe '.—A. Vos, and lioth |iailillc, 40. (j. Tiu' Indian in tlu^ how keeps his sjiear ri.i;ht luifcui^ '. — .(. Yes. 47. (/ And ho throws il at the animal, and strikes it wluu'c '. — .(. It makes no dilVciviiii' «!>> they are h.it. Tlu^y try when shooliii'.,' to hit in the Iiead. 48. Q. When a seii'l is sirui-k, or wounde I, what tii~u! does it require to heal '. — ,/. It 1ii,m1mv:| rapidly. 411. Q. What line does it require to yet the seal aboard after it is spenred ? — A. Xot moreil-.-l two ininutes v. iu'ii they .spear, anil not as lout; as liiat when they sl'.oot it. 5ii. .~-A. Alwut 20 feet. 51. ',/. And the canoe ^— J. Aiiout 22 feet. .'")2. (^. Is it not a f.icl thai seidiu',' in l!ie-.e siuiill liotits in the slormy s]a'in,i,' moiillis i< hvb-I h,i;;nrilous iimlertakiiii; ?— .(. Yes. o.'i. (,'• It is eounuouly ie]ioned that our .seal-hnniers, holh Whites and Indians, are iiiiiii.'esrc| than any others mi Jie coast '. — A. That is so. They are thic most ex|H'rl. ")4. V- It '■'' sa'd also that unless (he weather is very teni]]"snious nolhiii'^ will relaul tlicin,! ^\. Yes ; they ,u'o luit every chain'c thev can .tjel. '>'>. ','• 'h'.' loss of n fiill->i/ed .--kin nieaiil t!ic last two \eais hnw much lo ihe hunter '.~A. \\,-\ o dollars ]iei skin. 50. (,'. What is the hii'Ltest uiiinlu'r whic-h yo.' ever s;i\v an Indian i aime hriii;..;' alionul in ..| day ? — A. rorly-eij,'ht in one canoe, in llehriiii; Sea. •^)7. Q. On the coast, how many ? — A. T'liriy-four; ihal is o\er the avera miles, from tin; vessel, till thev can just see 'lie tuit^nfiJ .sail. * .')0. Q. A\\i\ this in jnett.'" roiioh weather? — ,(. \'es ; pvelly rcaif^h. It might he siiinnilnvirl they <;o out. hut it oflon comes on roii^^h hefoiv they can get hack. 00. Q. In following the .seals u)p the coast in Fehrnary, .March, and Ajiril, and ;\hi\- ainl .In when! . At this time, are the I'eiii, ties in advance of the males, .seemingly hastening In tin.'*;, A. They get through as .soon as they can, tin males in advance of the females — they haul mit lim. y'. .Si'.ine sealers think the cows go ahead .' — ..i. The males haul out, and each mic 5*s!| hatch of females, and as the cows come in they make n|) their herd of females. 0:!. V' Have you ever, when with sealers, heard the iieicentageof lo.ss talked of ? — A. Xo; II never heard it ment'oned with seali rs. 01. (,). \i)\\ s])eiik from your e\()erience with Indians / Y'our perecnlage of loss of 1 in ]iiw,t| he hase 1 on actual ex|ierieiice willi Indian hunters f — A. Yes ; 1 in 10. ();".. (/ Y'ou have sliilcil that in tiie inontli of May you tliir.k then' would he more feiiiiilc^ jL.:;; the oti. • months of the season ; At that 1 nie what ]iart of Ihe oceini would you he; — ./. I'l. Qiice.i i la'iotte Island. 00. i,'. Y'cni have also staled that (he iiiore plentiful tl-.e food, the slower (he seals inivri-l A. Yes ; they stay longer where the food in. 0" (*. At (hi' end of any of yiair seasons, have you aclually counted the nnmher oi ii'iii:i!,- : had in your I'argo :' — A. I have never done .so. OS. (/ Ilav.! you any iilea oi your last ye ir's catch, what proportion of females mhi Iiailiii;| coast catcli ' — . .. 1 think there would he ahout :! males in ."i — Ii males to 2 females. Oil. (,l. 'I'l at applies to the ( last catch only ' — ./. Yes; up to Kodiak. "U. V. In the lieliring Sea, what ]iro[Hiiiion wouhl it hear? — -I. I think ahout 4 inali'id any of those ve.s.sels at that time hehpiig to Yictoria '~A. No; they did nut. 77. (/■ Can you advance any idea us to wiieii the seab leave liehring Sea ? — A. To (lie ln'-t ' ){HOwledgp, about (he middh! of October. 233 ►•i^ Is it tlic aceciitcil idea tliut tlidsc- suals wliicli luavu Uuliriiij; Sea in tlic fall nre the sarno ln,,i n'tuni ill tlif -^I'l'iii^' ■—-■'• ''"''''^ ''* "ly oiaiiiuu I -i| (( Voii liiivc lU'Vt'i- lioaiil at any tiniit an\' iinluccnii'nt I'VtT dIIitimI liy a captain nr .sailor Ironi Iv ,1 ri 111 sliil' ""'" '"' '" l"'''"'"' "">' '^^■•^'l^' "it'i '1"^ intfntinn of raiilinj,' tljrsp islands? — A. Not oi '(('it is a I'ai-t lliat cviMV .--liiii-owni'v and master nl' Caiaulian vi'sscls lias di'|ifccn,tcd the I- of' hiivi' ^1. (/ I ■ r .r (it till' islands, llial is, have ni'vcr auii'iid with it ? — .1. Tlicy iln nut ayi'ei' with it at all. Evuiy I ''. 1 Iiivi' simki'ii til aiv vi-'T' well satlstieil tii l'h into thu .sea and ^'ft thrir catrli K';4itiniati'ly. ■ "" ,■^1 (' You think tlicio n aniph' field foi' hiuitiii',' seals withcut raiding; the i si a nils ? — J. Yes, ' S'^ '' Is i' viiur oiiiniiin, Caiitaiii Lain;;, that, with the ineivased niinihei' of schooners here I iiT Sail jTiineisco, there will he any material injury to the sealiii.u industry '. — A. 1 do not I ^'1 (/ l-'ioiii ohservations niaile liisl year, ymi are i|uile of the dpinion that the seals were more Ll'iitil'iil tliaii von had ever .seen them hel'ore !■ — -A. They were mine plentiful last year, 18'Jl, than the yi.,ir liefnie, IS!»II. S4 ". Is there any way you can aeeount tor that '. — . I. Xone whatever, unless it is the [..,,„. iis witli any speeies of lish ; .some years you j,'et more than other.s. There is no aceounting is.'i II. llet'eriiiiL; to Ihe nnmlier of females eau).dit in the s[iriii,L,', there are ipiite a nuniher of the reiiiiile seals harreii, or have never home younj,' ? You have notieed it ? — A. Ve-s ; some are harreii Itliiit liave liail vouiil;-, and others that have not In rne. ^G. II. Wiieii volt speak of tin; pr.iportion i .' :'■ males killed, you mean the hiivren cows as well as those tlial are liearin.i;' yomi,u- ! — A. Yes. ^ ,S7. ". Have viai formed any idea of the ;;eneral average or peieentaire of females carrying young kilk'il in -M"'' '""' ^^''^y '■ — -'■ ' 'I'"!!! "ot form any idea. S8. II. Xiir of harreii eows ? — .1. Xo. Sir. 8'.i. ','. Woul.l you hazard a statement that all the I'eiiiales. Imtli heariii;; and harreii eows, were tlliiiiilv less tliaii the male seals taken ! — A. \'es ; eertailily le.--< in iiiinilier. IKl. I/. If aiiv one were to make the hold statement thai for every male seal killed there i.s a Icuiiile killed, would it he correet :' — A. That would not he eorreet. id. (,'. Yen have not heard any estimate of the iieneiitago of harreii feniale.s aH eompared with IW kiiriiiu' I'lW^ killed ?—A. There are less of the hanen eows killed in the spring than there are ill Ik lull. I ilou't think that they go as far south as the imavs that liear young. 02. ','• ^0" '■'")' '''*'■ '" I'ehriiig Sea the males preponderate f — A. ^'es. ij:'.. ','• ^u.i eannot aeeount for this, you say, except it he that the fei;iale.s 're all ashore hearing kQiiii,, ; — A. 'I'lie males we get in the sea are all ;)- or 4-j'enr-olds, which the oi.l wigs would not let ishoii' lit all. 04. (,'. Ale tliere any "rookeries" along the coast nf any extent '--.I. I have never heard of one JltKsiile lif llie Sliiimagin Islands. ll."i. ',/. Year after year, hunting, then, do you liiid thcni liavelliiiL; along the same cinirNO? — Vf.s, where their food is, from lo U- oo inih-s oiii. :i(i. 1,1. Your opinion is that the ])eiccntage of lovs as eonipaied wilh those hit would not exueeil |u pd- leiil. wilh Indian hunters ! — A. How do you mean lost ' 07. 1,1. Yiiii say a seal hit and not killed is not lost il it escapes ? — A. Yes. i.iS. 1,1. Then llie jiroportion of loss in proportion to tlio>e killed is about how much — lO per dlit. '— ^1. It (Iocs luit exceed that. 00. ','• 111 the nnmlier killed during the dill'ereiit montlis of the reason, what is the projiortion of aak'^ to fciiiales ! — A. 'I'lirce males to two females. lull. 1,1. As to the ahstcntioii of Canadian sealers frjiu raiding the seal islands, you ari' c|uile Kijilive that from your knowledge of sealiiig-v --i 1 i.wiieis and masters, ycai gi'c il as your direi t nimi thai iin ( 'iinadian -scalers ever raided t'lese islands. Yon would say sci upon oath in Court ' — Til 'V uevci' did lo my kiiowledi;!'. Ml]. ','. If .'-ucli a lliing had lieeli attemiiled, il would, ns a nialler of facl, have leaked oiil '.—■ i. Vcs; u sliiiiils lo reason the i rews wiaild have heeii uiiahlc lo keep it lo themselves. lOL'. y. They v.duld tell it either to their as.-eei.iles (in I'lanl i,\- afler gelling ashore ' — A. They |jOi:M Ilel keep il lii:i. '/ .\fler ihe liunleis gci ahoanl al nighl, ilmy usually recoiiiil wliclhcr 1 hey lost any .seals. 111': ill speaking of Ihcir loss il would mean thosi! seals that would sink, iiul ll lose lliat esca|ii A. If Ihiv liisi any, lliey would nm IcU il al all, hul ifllicy .sunk any, they v.oidd speak of it. liif. ','• Villi are at iiic^enl a ship-owner, Ca|ilaiii l.aing ? — A. \'i yii I'l:,. 1,1, ^■,,u hi .;. Vi liad i^ival opiii iiliinilics iif hcariliL; from all .miiiiccs nialler relative lo the seal !iil!. ','• IIii-' it heeii noliced I lull I In' -kiii> lakcn last year in the richriiiL; Sea were smaller than lid'— .1. .\liiml I 10 same licnel'.il >l/e ;.:enera llv k nowii llial llie seals eauulil mi llie Copji -/. I have never seen ihclii, hul il is re|ioiled ihe) are lieller. '1' l-hiiid are lielter lliaii llic lOS. ','. ll is reiiorled also ihal I hi'i iiiii'j Sia ; lliev sav Ihe liir is -eals cai lieller iglil in .laiiuaiy, March, and .\pril aie heUer than any A. They say : i.ui r lion 1 kimw that vou can see anv lii'i. V- I' has hceii said thai Ihe fur of ll:c m'iiIs caught diiiiic^ tiie iinleraiid soriiiL' moiilhs is I't'lir The tar of all animals in cold elimatc 1 ill Wills. [^OoJ es I.; lIllcKer II I winter ' — .(. 1 have never noticed that 2 II 2 234 nil. Q. A few yeaw apo il wot- suit! tliat the Beliriiig Sen skins were Uie best '. — A. It hiisul do reported, but I don't t'l.ink tliere if- hhv dill'ereiice. 'I 111. (J. Tlie";;n!y jnii)" of tliin y««i- will be a " lirowii pui) " next year? — A. Y'es ; ii";;.;,.! old " or " brown pufi. " ' ,' 112. Q. Do the huut-ers UHually follww the grey pups with the sani. zeal as they do tin. „[;J seals '. — A. Tliey uan't tell the ditt'erenee till t.bey are actually " on top of them." 1 113. Q. Aiid tliey are apt to .slioni imt.le as well a.s big? — A. Yes; everything llii'y ^.1 acrwv. "I 114. Q. AVere the Indian liunters nier skin a high tiguro for !niMt*'rs ?— ># It if 116. Q. How many boats does tJx^ i«verai(f seiiooner eari'y - — A. About six and tlie slerii Imm, 117. (^. And I'aeli boat takes tliii«t>' whtt." men' — A, Yen, a hunter, a boat-puller, iind u 1.(1 steerer. [ IIM. Q. The - lews?— ^1 They furnish !i!t»rir \twn i-.atioe, sp"ars, and outtit ; oiio Im Stwnw ; but tlie vess.-i iiiwtt 'hem in [irovisions only. 'Fitf last inxf or three .seasons some vo.ssfh 1 sn])plied guns and annnnin'f«iwi. 121. (/ Does tiie IndliW -^t 4 doUars per skin ; dees lie ow i^' tfhut j/ay his own boat-litlhi:,! >. Yes, he pays out of his lid.' >er skin. J'he siiip i- ante tl»e eiicapesl ; if ilnv v; J many skins ? — A. Ych, if you <;an ;^t tliem 123. Q. Is the Indian a aood hunter, in \()Ur e.Nj>»»rienn<; ?—,•(. Ves, t*ir. 124. Q. Bold anil intrejiid ? — A. Yes, wiien he is in \m ealloe iinthittjr will scare him. I l,o| seen an idd bull seal capsize a canoe, and the hidians wmild get into i' again bail the watur i'i;i,,;| go on hunting ."is though nothing had hapiiened. 12.'i. (J. Is the Indian lazy, (u- does he seem .oixious i.^ ),>foceed in lil.i' iiuttl from diiy Idilm . A. In tine weather, yi's but when the sea is "ciio]i|)y" he woifW usually r.i'l-i^r .-fay abouiil, 12(i. Q. His caune is not (|uit»- »i strong as the sealiiig-lioat ? — A. Xo, u'C '|iiite. 127. ','. Have there been many accidents among the Indians— loss of life yf. Xot since, I ilia| 1S87, when a schooner foundered witli all aboard. 125. (,'. Do you think that as the \.ars pass along tlic Ind'uni-. as well as the "'■..:;.•■, ;'i't c-. c.\pert in .seal-luinling ?--.!. Yes, they d -. 12!*. Q. Xotwithstanding all the diips in the tlci'l on tin I'ciMn, you wonjil aoncrciiii; statement that ytai don't think tlui'e is any iiotit.»'able decrease in the number of se.ils '. — J. \^.\ do not think so. If the ve.s.seLs had been let .ti'Me in Ijehring .'^ea last year, we would lunv li,,;,| bigger catch than any ])revious yoar. 13ti. Q. Do you think, (.'aptain Laing, if they wnuM cease killing seals on the I'riliylotf l.-ihui:.;! Mould iiii iciise the number of seals on the coast ? — A. 1 think it would. 131. Q. If the rookeries wen' undisturbed by anvtbing, vou think the .seals wmi'A In i, jdcntiful '—A. 1 do. I .'>2. Q. Have you any opinion to otl'er as t,o killing .seals on the islands d;)ing more liaim; nnything else ? — ./. I think the American jieopiV .oc doing mure harm by killing seals and iiilirlirJ with them on their i' icd. Q. And how many r.moe.s ?— .4. Fourteen canoes, 0. Q. Had yon more canoes the cocst? — A. Yes, I have had twcnty-Aair cauoc^ wink' the coast. 7. Q. When you finally lea' : for Behring Sea, you drop a number uf the IndiiinH, and uiilyl about fourteen canoes with yo- —A. Ye.s. 8. Q. Uo you prefer Ir irewa to white meu I — A.. Yes, I du. 235 0. Wlirtt me your reasons for the preference ? — A. Well, I f,'et ulon^' better with tlioni for one thill"' tlif''^' '» """'' honour among them tlian iinion<; tiio iiveriif,'e white crew in tliis Inisincss. Xh.'v (Imi't ii'i'ke nu iigreenicnt to-day, nnd hrenk it to-morrow if they see a chance to iiiake a 10. Q. Ami tlu'\"iliin't ([narnl aniong themselves ?—yl. No; and you can generally trust llicm II Q. They arc more jirotitalile, too, are they not ! — A. Yes, a little more. IL'. Q. They furnish their own canoes :' — -/. ^'(■s, and spears and boauneu ; ami it is not such a lii'iivv (luttit, hut their canoes are light and easily broken by the hea\y seas. i:!. Q They are lietter than aboard a huge vessel f — A. Yes, but you have to bo very careful — tlic liiMoes are "'dug-outs" an.— I Vcs almost as freely. 1 have h.il the same crew so long now that tluiy will do anything I wish thciii to do. IG. (,>■ I'o you take them down tiie coast '. — -/. \'es, and up the coast and on into Behring Sea. 17. ','. They spear all their seals? — ./. The greater number of them, yes, hut .sometimes shoot; tliey spear all the "sleepers." IS. ". What proportion do you think ihey sho['). (J. And that loss would lie by the anime.l escaping? — A. Ves. ■J7. y. You would not consider i( lost, then t — -•/. Xo ; If not hit in a vital part it is not hist, f'lir llu' luiliaii files at a close range and there are two in a boat, and almost sure of it before the shot is tiivd. liecaiise tliey can't sink far before they are right on to it. 2f!. Q. So the percentages ol the seals lost by Indian hunters, ".sli-eping" and not "travelling," wiiulil he how much t — .(. With sleeping seals there is no loss. In travelling .seals tliens are none I lust, "lily ill esoiipiii.g. I-asl year I saw a great number of seals brought in that had been shot before. ',1. (,'. From personal knowledge and ob.servation, you are .sitistied that a flesh-wound made in ihc si';il would heal rapidly ami not injure the seal t — -•/. Yes; the shot .seems to strike in the fatty iMits iir blubber, and does not seem to hurt the animal, as it closes over and soon heals. I oil. (,'. In the months of I'ebruary, ]\Iarch, and Ajnil, have, you .seen a marked number of female Lvi.'iils licaring young killed ? — A. Yes ; in winter llierc are a number. I'd. ','■ I iocs that mean "barren" eows ? — A. Xo ; on the coast we get them " with young." I IliiiM' not seen many "barren cows" out here in winter. 32. ','• I'uriug the months of Ivbrtiary, March, and .\iiril, what would you say wa.s the proportion |(i|' iiialos to females '. — -I. I have only done mie winter's .selling, and that winter they would be fully I (iiii'-liiilf females during February and Maicli. :!:'), V- I'hat is, there would be as many females as bulls and grey pups ! — A. Yes; I have never 1 ,1 fi'inide grey pup on the coast. That is a yearling grey I'eninle seal; that is corroborated by the „iiis. All the yearlings seen by me have been males. 'i4, Q. That is well known, you sav, by the Indians < — A. Oh, yes. Tliey remark this. • » ' « » • • ;iS. V But there is u larger number of males killed than females in Ajiril, May, and .riiiu ?— Vv.i; in those three months we gi^t a larger number of males ; ladls from ;') to -I years idd ; all aliout Wii; fliiiie size. :i'.i. (/ Voiir opinion is that the females, afler the month of Mav, hasten mi to the IScliring Sea '. — • Ill, V Xow, from the beginning of the sealing .•season, when you .start out this time of year ■.liaiiwix,', (ill the time yo\l enter i'xdiriiig Sea, what is your ojiiniiai as to the percentage of female in.iU, iii''liiding both bearing and barren cows, killed ! What would bo the jiroportion of female .seals, ^111 liuliii;; I'otli bearing and barren cows, Kilh'd ? What would he the proportion of females aa |ci>iiiiKiri'il "ilh the bulls .' — A. Itight up to tbu Shuniagin Islands < 41. (,'. Ves. Would it be liH per cenf.,nr 70 per cent., or what '. — A. Yes, I think it would be lUiut 0."i or 70 per i (>nt. of males, and the i.Mimiiider mi.\ed cows — bearing and barren cows. 42. ','■ .\b(ail what peicenl.ige of barren cows J — A. 1 think about oipially divided: about iimwiit. of biirren and 1,5 per cent, of bearing cows, and 70 per cent, of liuUs, wouhl pretty near «liiiwnt the caleh on the upper and lower coast. K. I>. riier. an opinion expre.ssiMl that a seal pu|i will not swim ; some people say so l~A. I bvu tiucu three >vali their dams iu Ihu water uu the Aluskiiu coaaU ' M'r *■ <■* i'.i 1 i 'I: n If irii'11' .—A. 10 or :Mi miles fidiii slid fli(^ iiiniitli of .Tunc. ■1"). (,K Is it yiiiir (i]iiniiiii tliiit tlic.v would !"• liorii in llic walci' '. — .(. N'cs, or on tin: If ciaiiM' \ onr men mi lioai islands, eerlainlv have loM iheir lillows 1 Would, if lliev had ever been em;a";ed in siieli i- -.(. \. e-^. il wonld soon have beeome kiio lanii- ,,| lcnlifill iirevionslv seen them ./. ^( pi.-t as IliieK as ever. 114. Q. What was your ealeh up lo Ihe lim • \o,i weii^ warned out A. -lA'.n ill r Q. \vi lat WIS voiir coasl eaO .(. I.IMI.S (III li.e eoasi, and l',4;!4 in the Se elirili;,' \m. lii'i. Q. Had yoii been niimolesled for anollier lliiily liays your r!i:i:ire; were j^oml ir 11 l.ii: ealeh -(. Y es : onr eliiiiiecs were oood I'l 'or i|njle ilonbliiii; our e •alel liT. (,K ^'onl• ]iriiieipal ,i^roniid for sealing you found — where? — .(. About loil milrs \vesi\\;ii,|,.: the Islands of St. ( eoi;i,'e a ud SI. Taiil. 1 look l.iiiMi ill four davs there OH. (). Duriiii; that time, when ymi were vclliiin .seals so ipiiekly, was yoni pereenlii^'e ull-s ^renter there tliiiii on lli(> eoasI ? — J. X. Ihev were \i'iv ollli 6'..). Q. You have slated lliiil, from your personal oliMT\aiinii. \iin tiiiiik the seals weiv as iiliuiiiiil last vcar as von have ever seen them in liehriie,' Se '-.I. Y es ; liiueli more so than I 'iiw lliv: I'lore. 70. () M( 111 a ilistiince of Kio lo 1;J|) miles from the nearest seal ./. Y( 1. ','. What eiiir.se would lliat lie from the I'rilivlolf Nlain .1. .\lioiil west. '/ .\t the time yon were sealing,' there were there any oihrr t'anadiaii s.d iii^is imnaj eoiiipiiii\ averai.e ealeh. .(. Y( the Annie ('. Afoore," Ihe " 1 armelile. ' and lln .1. ',' Have von heard of the Mid.eai 74. ','. Do you belitve lliev did aelnailv raid tli^ raidiii!.^ • 'op] Alie .(. Y, I'V hllil :i!l ,J .(. Yes 7."i. ','• I'id yon hear tlu^ slory of iheir ;,'oiii,L;, willi three boals of the " Webster " ail. I 'I'ilv,' San Die^'o " 111 a erowil, landini,' al a )iassa,i;e between Ihe rocks and Hie iiiainland of llie i,-laiiil, ,iii; staiidiiiL; there, where the water was swill, and shoolinj,' the seals as they passed tliroiieh f -J. \ii bill I hey lost ii oival many. 'I'lie captain of the ■■ San Die.'o"s:iid Ihal they didn't eel oiic-U'iillh(l what they sliol. 70. V- Il is till laiidiii,^ on the islai raidiiio the islaii' .■vailiiii,' c loii'f lli(t sralers llial the " .1. Hamilton Lewis" was scizi'iltil ipiiiioii an ids '. — A. \v< : llie llu^-^iaii'- had been watchiii'' her. She was seized fur actiu'H 77. l>. ^'olI ilidii'l .l;i) lo llie ('op|ici Island siil,. al all ' — A. 1 did iiol. 7S. '/ 111 leasiiiu r.ehriiiu Sci, wlcue did voii eoi,n: luil ihrouiih '. — .(. 'I'liroic:]! ihi I .Mounlain I'l '.'. ','. .\tler VOII hid bocii warned out, did you sjienk any other culler '. -A. I did uol. «0. (I Dii id yiMi see iiiiy seals from the liiiu! you wei liiioii!,di the! |iass ; — A. Till We were two day.? .siiiliiio llir 1111(1 couldn'l loiii'li them. •re Jii-il as tlii'.'k evjr w warned oiil I Ml ihe time yniinjil shin 1'"' miles of t!ie !'"oiir Moiiuiiiii I'rtI till Il orieved us very iiiiich, I I'li'i tell you, to sail lliiiiii.i.'li. liiiil llic sr^il islamU ' — .(. I liiiv<; r", .'||||.|]|. (ipiiiirliliiily lit' Icaniiii'^' if hi, li liail \nvn tlic c-ists iiiid I Isrujw ol' ikhii!. C'l ilaiii Cox, rdiitiimiii.i;, sail! : I (lii.'i't. lake (nic " lusiriii'^ " tVaiiali! himI I.imi, iMsdii iii I'i'Iniii;; o,ci I liuvi' lakcn a t'i'W wliicli Wim' cviiUfiitly " witli milk." SI (>. \Vlial pd'cciita','!^ per cent, would lie till' "lltside. Q. Captain llackett, W(add you eonsid(n' lliat a hnnler that losi more than IIno iti tlie hnmhed Ivniilil iini lie a ijo'id banter' — J. I eerlainly do. Q. 1)0 you mean 1. ' beiiij,' ' st, thai is by sinkiii'.; ' — A. When 1 say lost I mean by .sinkinj;. Q. When a seal is .--hot in the he;id you generally L;et him, and mostly all liie seal are .shot in the ail;— .1. Til y an' ; nmi when we shool thimi from the deck of tlii^ selKjoner. to lower the boat and Ikiii'.' till' vess \ to L!eiieial(V is I'roiii ten In lifteeii minutes ; but we always j;i't tlie seal HoatiiiL;. Q. f'niai iiaaai ..''servalion, then, you woiiM say that the actual lo.ss ilnriiiir ih'' seasons you ha\e jki-u .si'ului'.: wil' not exceed ."> ]ier ei'iit. f — -I. 1 certainly say so. .'lie there .-Mire lost on the coast than in Hi^brinu Sea '. — ./. In tlie I'.eliriii^;' S.-.i the perceiilau'ii |of !..<^ wiiiijil not be .1 per rent. Q Have yoii obsei ved in an\ moiilha 'jieater linmlicr of females than in olb.cr iiioullis ; tiiat is. klillic inasi liave you observed .i ureadi nuiuber of feiuiiles lal^eii during tlie iiioiiliis of April ;iiid , '—J. I hav(.' not olwrvi'il any dilfeieiice. Q. What pro|ioiiiiai 111' females were in yinir ciiteb last year (18'.i0), and also in f8'.il ' — ,•(. fii IS'.iii nhmit niie-(|iiarter were females, and in 18111 aboui half and half Q. Woiilil lliis ]ierei'iita,;,'e ajijily to your catch in Holirini; Sea a.s well as on the coast ? — .•/. Ye;; ill' |i|.riviitai,'c of females in 18'.Hl would lie about one-ipiarler, and in 18'.il aliout half and half. Q. Wliat was yiair catch in IS'.M) ^— .4. Abmit l,o(l(l. (J. Wiial was ytair catch in 1801 f—A. 2,(l7ll .seals. ','. What )iro]iortioii of females with pii)i did yon oliserve taken on the coast dnriiiL; the jiast two t:ir.-ir— .1. Aliout half and half. ','. What proportion of females with jaip did yiai oliserve in Helirin,:; Sea !—A. In a cateli of liO.'iu bills in llcliriii'j: Sea last year I had onl\ ten females with pup; tlios.' with pup weie taken between l.V.h and last of .Inly, and that those b'mnlei killed with |aip appeared ti| with Ltroiips of other female --eals v.hiidi had their yoiiiv^ iiiid were entirely dr.'.'d up. ','. Iii.yiii liiid many yearling; jiups in licliiiii;; Sea .' — A. No; 1 have found no yearlmu ]m]is in linn '^'■'1 ; "'' f^i't what we eiiU the whire-bidly pujis ; they are from two- to three-year-old |iups, ».l «!■ L'i'i ipiite a nninbov of barren cows. Q. What do you mean reL;ardine; barren cows ' — ,/. 1 mean those who have' not boiiie youiir; duriiiL,' (at vciu'. Q. Iiiil \.iu iioiiei. if the seals were smaller in size last year ! — A. I did not ; tliey were us large ;uiv visir. 11 1^ I fl I- fv ¥ != ! 1. i -i r m i'ummv 1 7 m i'l 238 Q. AVliilst in rxOiiing Sou Inst yonr worn tlit> seals ns luiiiUMous ns yo\i linve seen tliom licforc U A. They wovu iii(iri> iiiiiiicioiis tlmu I 'mvo ever scrn tluMii lipt'iirc. Q. Whiit iij,'o is a soul-skin at its !,cst ! — ,/. I coiisitlor iit li yems old. Q. Wliiit has liiH'u tlu^ distance i'roni the I'lihylcifl' Ishuuls that you were while sunlinj,' any vent in ]?i'liiing Sea f — A. From 50 Ui 100 miles, and was never nt'arer than "lO miles. Q. You were warned out of the Sea last year? — A. I was. Q. Were the seals jilentil'ul at the time > — .-(. They were (|iiite numeron.s. Q. How far wen you Iromlaiid when warned ' — .f. .Miout lod niiles to the westward of I'lilivliff Islands. Q. Had you not been orderiMl out of the Sea yoiu' eatcli would have lieen {.jood ? — ,(. Myciiiil wcadd have been at least .'1,000 seals. Q. Have yon over heard of any Canadian ve.s.sols durini,' tiio years that yon liave been ciiiiilnvi j in Iho sealinj,' indnstiy raidini,' tlu! I'ribyloll'seal islands in liidninu •'^oa ? — A. I have not. Q. Von would have oortainly heard of it had it oeenrrod f — A. Had that lieen done, I wmilil ]|,n, heard it ; I am nequninted with ail the principal sealinj: nuui. Sworn before me this Ifpth day of February, IHOl'. (Si'^ned) A. J!. yiil^K, Collator of Cn.s/ums. (Sij^'iied) ClfAS. HACKKTr ,s'. Q. W i.l, lllllf l«UTCM 11. Q. In three males to III. Q. Cm tlic '^eid'i Wfiv 11. Q. Ca iiisiaijii^ ol 1 ii lii'lie\r Ihill am Sii.li li;iii liecM 1 .'^U'lUII ,c(l (Si ,'Ul Victoriii. /I.e., Fdniani 8, 18'.)2. Calid) ^[eHou^.ill, master of the .sehoonor " Pioneer," of Viotovia, Priti.sh folumbia, )ieMiii;i;iv I appeared, and beiu}; O'dy sworn, doth doito.se anIaco, and (he greater mnnber of liisiiiuil (]SO(l) were male seals, that is, liis ves.sel had 1,1(^0 in liehring Sea, of wliieh 800 were males iiml ll.r | rest females. That tlicre is no doubt but that the old bull seals drive the yoinigcr males away from the islm atu' that is lh(^ rea.son wliy hi^ considers that more males are caught than I'emales in liehring .Sen. That the proportion of barren cow'* is about oiie in ten to the beari.ig cows, that is, tliere ismiti barren and ton bearini,' in liehrinu Sea. That since ho has boon cuij (1 in sealinLr lie thinks tin 's are incieasing, and that lie Imi the seals in liehring Sua thicker last year than ho over found them. That it de]K'nds entirely \i]iiin what jimtion of the Sea that the ves.scl is in ami striking a Imiiil males or fcnialos, liut witii all vessels in liehring Sea the catch is always nairo males than feiniilos, That he does not know of any singh- instance of a liritish sealing-vcssel raiiling the seiu i.^liiiiils:!! liehring Sea, anil he is ipiite siu'e that nn liritish vessel in any ease atteniiited to raid the seal isiiiiiik| 11' ihev had, he woulil have heard of it. (SigmMl) (". .McDOUCi.VLl. Sworn before tne, this 8th day of Folnrmiry, 1892. (Signed) .V. li. '\i\iMV., I'dWf.tw of CustouiA. Victoriii, L'.C, Fehrmirii 1, 1802. 1. Q. (.'aptain William O'Loary, how many years have you been sealing ?--.(. Th year. 2. Q Vou have been generally successful ? — A. Yea. ;!. Q. You have had all oiiportunitios of watching every ))ecnliarit,y of r -al-hunting 4. Q \\'hat is yiair ojiinion of the proportion of seals lost as compared with those sealing? — '(. My ojiinion is that only .'i to ."i jier cent, are lost. 5. Q. Do you moan those who me lost by sinking ?—yJ. Yes. G. Q. Are theie any lost in any other way ? — .1. Yes; by oseaiiing. 7. Q. AVhat is your opinion of the ])ro)iorlion of female.-, to nudes taken during the coast '. — -■(. My e.xjiorience on the coast lias been that the I'emales anil males are idiout tl)^ females theje are un eipial mimbcr of bunuu cows and bearini^' cows. IS IS my siK| ?— J. \Vv hit in [lite I scnsoii on titl eipial, mill 'J 2S9 V! « Wlmt is viMir (ipiiiimi iibmit llic proportion ul' liciiiiiif; cows > — A. About liiiH iiml liuU', tliat Ij 1,,,'if lianvn ami lialf liciuin;; cows. I ''"'" ''"'"''i fliii'lly mill'' hchIi ' — A. Ves ; aboul tliii'i' td Iletlo," ni' Victoria, Liii-;|i Cehiiiihia, heiiii,' duly swdrii, in answer to the' t'ollowint; (luostions, says: — 0. lldW many years liavi^ you been si'alin^ ! — A. ' have been seven years. 0. Veil have heiui rensunahly successful in the s( alin^' industry f — A. Ves, I have. Q. Yiiii have lollnwed the .seals ahiiii,' the west c(.iast and in Hehrinj,' Sei'— /I. Vcs, Sir; I Invc. Q. Ih'W Miaiiy men CdUiiiosed your cr(^\v la.st yoar ? — A. 'I'weidy-oni^ men, all told. Q. The niiiiiher of your lioats carried ; — ./. Six boats. Q. Y(iu have had every d|i]idrt unity df lieinj; ac([uainteil with the habits and life of the seals ? — lli'avc. Q. Oil the cdasl, did the — [Y.^Sir. y, Udveii t.ike, any females with juip in ISehrine Sea? — A. Very few ; say one or two in the isi'ii. Till y have all delivered their yminf,' before the vo.s.sels enter liehring Sea. Q. Dill yuii dh.servu any diU'erenee in the size of the .seal-skins last year '. — A. None ; they are the (le ;is fi inner years. Q. Willi! has been the dista ice from the .seal Lshinds that you iisiiallv hunted in Heliriuii S(!a in hwst yuar.s ' — A. From GO to 100 miles generally to the westward. \m] 2 I i' '■t! : II ■ MM I': ( 'M 'W if) ':! •'} h ill: 1 I ■ 'I •''1 I 4l m )^ i ill •m $: m 240 t^. Yo\\ were wnrnod out last j'ear, and )jy wliom > — A. Yes, Sir ; iind by tliu United Statof i •' !Moliicaii. I Q. At ll:e time you were warued, wliat distance were you from tiic .' when ordered out, and 1 had a full month to l;o, iid iiiv liilcii if let alone would have been at least :i,500 seals. q\ On your way out did yun observe that the seal wine [ilcntifnl in liehrint; Sea .' — A. T\n',\ were ihickall liie way out to the i)ass comiiif,' out of the sea, and it was very annoyinj; to see mi many and not 1)1! able to touch them. Q. Where ilid Her Majesty's Hhij) " Porpoise " sjieak yiai and order you out f — .(. In I7u° west K.iidtmle, about 1;<5 miles from nearest land. '^ Q. Then you consider that beinij; ordered out last year has been great linaucial loss and hardship , I . ||„ I I i do, most certainly ; inv vessel was e(|uipi)ed for a voyn]:;e two months loiiL;er. ' • ' ■' (Si-ned) LAUGHLJN L. McLKA'S.' Max/a; Suhtiuni r " J''ii 11)11 rile." Sworn before me this L'Oth tlay of February, 1892. (Sij,'ned) A. li. Mii.NK, Vollfctor of VuMoim. V\ •I r GOVER TE CONSTITUl HEK Pre ^•'l i-i UNITKD STATES. No. 1 (1893). BEHUING SEA AKBITRATION. CASE PBBSEKTBD OV THE FABT OF THE GOVERNMENT OF HER BRITANNIC MAJESTY TO THE TEIBUNAL OF ARBITRATION CONSTITUTED UNDER ARTICLE I OF THE TREATY CONCLUDED AT WASHINGTON ON THE 29th FEBRUARY, 1892, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. Presented to both Houses of Parliament by Command of Her Majesty. March 1893. l'\ \% LONDON: rRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANE, PBINTIKt IN ORDIMABT TO HIK HAIHTT. And to be purchHcd, cither iinetij or through anj Bookseller, from EY,>.E AHD SPOTTISWOODB, East Habdino Stkbkt, Flibt Stbiit, E.C, and 32, Abihodon Stbbbt, WiiTHiNtnB, S.W, ; ob 'JOHN HBNZIE8 & Co., 13, Hanotib Stribt, Edinbubob, and 90, Wbit NitB Stbiit, Glaboow ; ob U0D0E8, FIGGIS & Co., Limited, 104, Qbaitom Stbbit, Dublik, H Ml ;-,i ( i flip i I ■III \ i! I t i Hi i'iii V I Ihi m \1 U ill r, 'i. ■ ',•■' B I ii i r-i '& r !l i8> IMAGE EVALUATION TEST TARGET (MT-3) A 1.0 I.I 1^128 |25 ■^ lii 12.2 2.0 us in Ml ||l.25 ||U 1.6 ^ 6" ► Hiotograiiiic Sdences Corpoialion 23 WIST MAIN STRIIT wnSTIR, N.Y. U5M (716) •72-4503 ■<* 4^ '0 GENERAL CONTENTS. I The Case now submitted to the Ai-bitraiors on the part of the Qovernment of Her Britannic Majesty contains a statement of the facts which that GoTcrnment considers to be material to enable the Arbitrators to arrive at a just conclusion upon the points submitted to them by the Treaty of Arbitration. It contains also some general propositions which that Government believes to be in accordance with the established principles of International Law, and upon which it intends to rely. The Case is arranged as follows :— Chapter I, Head (A). Chapter II, Head (B). Chapter III, Head (C). Chapter IV, Head (D). Chapter V, Head (B). Chapter VI, Head (F). Chnpter VII, Head (O). Chapter VIII. Chapter IX. Chapter X. Introductory Statement and Outlino of Argument . . . . . . Arrangement of Case and Head* of Argument , . . . . . The User, up to the year 1821, of the Waters of Behring Sea ond other Waters of the North Pacific . . • . . . • . The Ukase of 1821, and the circumitanecs connected therewith leading up to the Treaties of 1824 and 1825 . . The question whether the body of Water now known as Behring Sea is included in the phrase "Pacific Ocean," as uicd in the Treaty of 1825 between Oreat Britain and Russia . . . , The User of the Waters in question firom 1831 to 1867 What righto passed to the United States under the Treaty of 30th March, 1867 .. •■ .. .. ., ,. The action of the United States and Kussia from 1867 to 1886 Various contentions of the United States since the year 1886 . . Has the United States any right, and, if so, what right, of |iroteotion or property in the Fur-Seals frequenting the Islunds of the United States in Behring Sea when such sea)j are found outside the ordi- nary 3-mile limit r . . . , . . . . General Conclusions upon the whole Case . . , . , . Recapitulation of Argument . . , . . . . . . . CoDcluaion •• •• •, •« .. .• .. Pagci. 1-9 9>12 13-36 37-J8 59-76 77-90 91-103 103-120 121-131 135-UO 141-167 158-160 161 i ■' ' M . a ) .^,. I,, BEHRING SEA ARBITRATION. Case presented on behalf of the Govern' ment of Her Britannic Majesty to the Tribunal of Arbitration. Introductory Statement. Seizures of British ships. INTRODUCTORY STATEMENT. THE differences between Great Britain and the United States of America, the subject of this Arbitration, arise out of claims by the United States of America to prevent and interfere witli British vessels fishing in the waters of Behring Sea other than the territorial waters thereof. Prior to the year 1886 British vessels had, in common with the vessels of the United States and those of other nations, navigated and fished in the non-territorial waters of Behring Sea without interference. In 1886 the British schooner " Thornton " was arrested when fishing 70 miles soath-east of St. George Island, the nearest land. The vessel was libelled in the United States' District Court of Alaska by the District Attorney, tho charge formulated being that the vessel was "found engaged in killing fur-seals within the limits of Alaska Territory and in the waters thereof, iu violation of Section 1066 of the Revised Statutes of tho United States." The vessel was couderancd, and the master and mate Avcrc imprisoned and fined. The British schooners " Carolina " and " On- ward " were seized about tho same time when fishing under similar circumstances, and were subsequently condemned by tho District Court. 1218] R a A. \^ I • 'v 2 The Judge (in summing up tlic case of the soth Cong., 9nd " Thornton ") ruled that the Law above men- ei* hoc. No. 106, tioned applied to all the watere of Bchring Sea PP- '^!^ ^ .^ east of 193° of west longitude. State*, No.' 3, 1890, Certain other vessels were also subsequently ^,xt.p»nd?i seized in non-territorial waters, and the fishing of rol, iii. British vessels was interfered with under the circumstances hereinafter stated. Great Britain protested against this action on the part of the United States, and nego- tiations took place, which eventually resulted in the Treaty and Convention entered into at Washington on the 29th February and the 18th April, 1892. Tho Treaty is as follows : — " Her Majesty the Queen of the United Kingduni of Great Britain and Ireland and the United States of America, being des>iroua to provide for tin amicable settle- uent of the questions wliich have arisen between their respective Governments concerning the jurisdictional rights of the United States in the waters of Bohriug Sea, and conceniing also the preservation of the fur-seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in or habitually resorting to the said waters, have resolved to submit to arbitration the questions involved, and to the end of concluding a Convention for that purpose Lave appuiuted as their respective Plenipo- tentiaries : " Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, G.C.M.G., K.C.B., Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States ; and the President of tho United States o' America, .Fame.s CJ. Blaine, Secretary of State of the United States ; " Who, after having communicated to each other their respective Full Powers, which were found to be in due and proper form, have agreed to and concluded the following Articles :— "ARTICLE I. " The questions which have arisen between the Govern- ment of Her Britannic Majesty and the Government of the United States concerning the jurisdictional rights of the United States in the waters of Behring Sea, and con- cerning also the preservation of the fur-seal in or habitually resorting to the said sen, and the riglitx of the citizens and subjects of either country as regards the taking of fur-seal in or habitually resorting to the said waters, shall be sub- mitted to a Tribunal of Arbitration, to be composed of seven Arbitrators, who shall be appointed in the following manner, that is to say: two shall be named by Her Brittknuic Majesty ; two shall be named by the President Treaty of 1892. 3 Treaty of 1892. of the UnitL'il Stiitcs ; Iuh Kxitllfiicy '.liu ra'siilL'iit of the Freufh licpiililii' shall Ik- JDintly ii'iiiioslctl hy tho High Coiilructin^' Turtii'M tn iiainc rww ; llis MajoHty tiic King of Italy iad of a SUite. " And in the event of the refusal or omission for two months ai'ter receipt of the joint req\icst from the High Contracting Parties of his K.xi'ellency the Pitjsident of thij French l^epublic, or His Majesty the King of Italy, or His Majesty the King of Swcilen and Norway, to name an Arbitrator, either to till the original appoint- ment or to fill a vacancy as above provided, then in such case tho appointment shall be made or the vacancy shall be filled in such manner as the High Contracting Parties shall agree. "ARTICLE II "The Arbitrators shall meet at Paris within twenty days after the delivery of the f'ountor-Cases mentioned in Article IV, and shall proceed impartially and carefully to examine und decide the i|Uestions thai have lieen or shall be laid before tlicm as herein provided on the part of the Governments of Her Britannic Majesty and the United States resjx-'Clively. All (juestions consiilered by the Tribunal, including the final decision, fhall be determined by a majority of all the Arbitrators. " Each of the High Contracting Parties shall also name one person to attend the Tribunal as its Agent to represent it generally in all matters connected with the arbitration. " ARTICLE III. " The printed Case of each of the two jjarties, accom pauied by tho c after the appointment of the members of tho Tribunal, but within a period nut exceeding four months from the date of the exchange of the ratifications of this Treaty. i iiiii' I !'1i ■J ¥, ,1 I Mi "ARTICLK IV. " Within three monllis ufter the delivery on both sides of the printed Case, ?v lier jiarty nmy, in like manner, deliver in duplicate to ciuh of the said Arbitrator, and to the Agent of the other piny, a ( .uinter-Casc, and additional documents, correspondence, and evidence, in reply to the Case, documents, corrcspondcncp, and evidence so presented by the other party. "If, ho\ve\er, in consequence of the distance of the place from which the evidence to be presented is to be procured, either party slinll, within thirty days after the receipt by its Agent of the Case of the other party, give notice to the other party that it reciuires additional time for the delivery of such Counter-Case, documents, corre- spondence, and evidence, such additional lime so indicated, but not exceeding sixty days beyond the three months in this Article provided, shall be allowed. " If in the Case submitted to the Arbitnitors either party shall ha /o specified or alluded to any Report or document in its own exclusive jMisse.ssion, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof ; and either party may call uiwn the other, tlirough the Arbitrators, to produce the originals or certified copies of any pajiers adduced as evidence, giving in each instance notice thereof within thirty days after delivci-y of the Case ; and the original or copy so rcquestcd shall be delivered as soon as may be, and within a period not exceeding forty days after receipt of notice. "ARTICLE Vf "It shall be the duty of the Agent of each party, within one month after the expiration of the time limited for the delivery of the Counter-Case on both sides, to deliver in duplicate to each of the said Arbitrators and to the Agent of the other party a printed argument showing the points and referring to the evidence \ipon wliich his Government relies, and either party may also support the same before the Arbitrators by oral argument of counsel ; and the Arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel, upon it ; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be. "ARTICLK VL " In deciding the mattei-s submitted to the Arbitrators, it is agreed that the following five points shall be sub- mitted to them, in order that their award shall embrace a distinct decision upon each of said five points, to wit: — " 1. What exclusive jurisdiction in the sea now known as the Behring Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the Unitod StCtaM.? Treaty of 1892. Questions for the decision of the Tiibiul TiMt7 of 1893. " 2. How far wcru these claims of jurisdiction as to the seal fisheries recofrnizcd and conceded by Great Britain ? " 3. Was the body of water now known as the Behring Sea included in the phrase ' Pacific Ocean,' as used in the Treaty of 1826 between Great Britain and Russia; and what rights, if any, in the Behring Sea, were held and exclusively CTercised by Russia after said Treaty i " 4. Did not all the rights of Russia as to jurisdiction, and as to the seal fisheries in Behring Sea east of the water boundary, in the Treaty between the United States and Russia of the 30th March, 1867, pass unimpaired to the United States under that Treaty ? "5. Hm the United States any right, and, if so, what right, of protection or property in the fur-seals frequenting the island;! of the United States in Behring Sea when such seals are found outside the ordinary 3-roile limit ? •ARTICLE VII. :it " If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper protection and preservation of the fur-seal in, or habitually resorting to, the Behring Sea, the Arbi- trators shall then determine wliat concurrent Regulations outside the jurisdictional limits of tlie respective Govern- ments are necessary, and over what waters such Regula< tions should extend, and to aid them in that determination, the Report of a Joint Commission, to be appointed by the respective Governments, shall be laid before them with such other evidence as either Government may submit. " The High Contracting Parties furthermore agree to co-operate in securing the adhesion of other Powers to such Regulations. " ARTICLE VIII. ''- " The High Contracting Parties having found themselves unable to agree upon a reference which shall include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with tlio claims presented and urged by it; and, being solicitous that this subordinate question should not interrupt or longer delay the submission and determi- nation of the main questions, do agree that either may submit to the Arbitratora any question of fact involved in said claims, and ask for a finding thereon, the question of the liability of either Government upon the facts found to be the subject of further negotiation. 7.' ■ul- ■ARTICLE IX. "The High Contracting Parties having agreed to appoint two Commissioners on the part of each Government to mnkc the joint investigation and Report contemplated in UiM pfpC^i)^ Article VII, and tu include the teruis of the 1^. 4/' ■I m < n I ( ■M (11 ■t" ^i f I ^^Ri 'i li H'i i Hi' J 1 !> ^^^^Hl ' -' ' , I:* • ' 1-'' ili ««id Ap'i'omeiit in tlic jiiesciit Coiivoiition, to tho cml thiit the JKiiit mill Rovonil l{('|toitn nnd irciuiiiiicntliitioiiH of DAJd (.'(iiiiiiiisfliiiiii'rs amy li<< in due funii siiliinittcil to llie Avliitnitois. ^lnplllll till' ioiiliiij;('ii(;v tlioivlbr nri»«, tlu> 8iud AgnH'MUMil is in'cordiiijilv lu-n-ili iiirliidi'd a» f'.illowa: — " I'jii'li (iiivi'i'iniii'iil '•liidl a|i]ioiiit two C'oiiiini.s.'rs to iiivi'stipili-, c iiiijiiiiitly with tin* (.'niiniuHxioiici's of i\w other (iovcniiiu'iil, nil tin' fucts Imviiij; ivlalimi to Moal lift! in Hi'hnii); Sea. and tlu" aicasiiivs noivsHnry for it« iirojxir protection and iirostTvatioii. "The four CoinniisHioni'r.H shall, so far iw they may In* ahlf to a^'rcf, iiiaki< u .(oiiii lti'|>oit to carh of the two Oovi>rniiioni.s. and they shall also ri'iwirl, i-ithor Jointly or suvurally, to cnch liovcrnnu'iit on any |ioiiit8 u|iou which they may In' unabli' to amvc " Thoso |{i'|iiirts shall not Ik- made (lulilic until they shall he sulMnittivl to the Arliitmtors, or it sliall n|i])car that the fontiiij,'i'nipnring and submittiiif; it"< case to the Tribunal. All other expenses connected with the Arbitra- tion shall be defrayed by the two Governments in equal moieties •ARTICLE XIII. " The Arbitrators shall keep an accurate record of their proceedings, nnd may ap])oinl and employ the iiece-ssary officers to assist them. • ARTICLE XIV. ' The High Contracting Parties engage to consider the result of the proceedings of the Tribunal of Arbitration as Oiilliiio of Aru'niiiriil II full, ImiI'imI, MII'I lillill M'llli'llli'lll III' ;ll| III.' ilMl'Mtioll.l rufciivil (ii iliii Ai'liiliiilm-M. "AliTlCI.K XV. "The jircsiiil, 'riTiily hIiiiII lie duly r.ililii'il liy Her l!liliiiiliir Miiji'sly nml liy tin' l'i'i'Miil(>iil nt |lii> I'liiliiil Stiiirs III Aliiriii .1. liy Mini willi tliii ililvirc nliii nilisriil of till' Si'Miili'llii'iviir; anil I lie iiililiiiiliiiiiss Imli I xrliiiii;»t'(l cillirr III \\';i'iu down to the year 1821. [248] @ 'it > \ H -Ji H I 'fl !i I I ?.l * Tlitit ill IH'JI wlii'ii ItiiMHiii ili'l iiMci)i|il Ity UkiiNO, i.r , liy rnrniitl tli'i'liintlioii, (n cluNt' In otlicr MiitioiiN, llii< wiiliTM of II ((i'ilirii\^ Scti) (li-fiit Itritiiin iiiul llix Inili'il Stiili-s iiiniii'ilititclv pro- («'n(c(I iii;Min>.t t\\\\ nihIi iitlt'ni|i(ftl intciTi'iriico, nitiiittiiiiiini: till* ;\lisiilnlt> ili^lil ol' icilions |o iinvi^.'i(i> iiiol li>-li ill llii> iiiiii-tiTiiliirial wiiliM'sof Holirini; Sin iiinl nllicr imii-lcirilorial wiiltTH of tlii< raiillc Ocraii, llnlli t'lHiiilricM asNt>rloil tliiit tlii'sc li'^lils \M-n> ciiininoii iiatinnal rii;lilN, niul ciiiilil Mill III' lakrii auav, m- liiiiilcd liy rka«i\ rroil.ini.ilii'ii, or DiM-laralimi, or ollicrwisc lliaii li_\ TiralN . 'I'lial ill till" MMis IS'JI. ami lsiir»,' in nnisr- «|in>iici' 111' llii".c |m.i(('n|s, |{ii'>>ia uni'iimliliiHially willuln-w lur |irili'nsioiis, and oonclniinl 'Irralifs with tlii< I niliil Stairs anil willi (itciit Hi-ilain «liirli nM'i>mii/.('il (lie riylits cuinnion to (lie snlijciMs nf ilinsi- luiinlrifs lo iia\i!,'ali< anil llsli ill till' iiiin-lrrrilurial ualiTs .tl' flic sra-* over uhicli liiissia liad atl>'ni|ili'il In a^snt snili pri'tiMilions. 'I'lial I'riiin I in- dale of such Tri'alii's duwii to tlio year I'^Ci" ^iii wliiili year a |nirlioii ol' llic torriloiit's «liiili liad Iwi'ii ri'l'i'iri'd to in and nlTocti'd li\ till' I kasi' ol IJiissiain tlic yrar 1S2I, was jiiui'liasi'd I'V and I't'di'd lollu' I'liili'd Slates,) the v«'s-i .' ol' st'M'i:!i iialions eonlimieil, year liy voar. in lar:;i'l\ inereasiiii^ numlieis, to na\ ii;ate. tmdi am I I'lsli in till- waters ol" Heliiiiii,' Sea, and that diiriii;;' the whole ol' that |ieriod of nearly lifly u'ai'- ill,!.' is no trace of any niteiniil on the pari of Uiissia lo reasM'rt or claim any dominion or jurisdiction over the uou-terriiorial «atiM's ol' ilnl si>a, hut, on the eontrarv, tli(> titl(> if all nations to ua\i^ati\ tish, and exercise al oomnion rii:htN iheiviu wa^ fully ri'eoi;ni/,ed. That on tlu- purchase and aeipiisilion of Alaska by the rnited States in the year ISdT. tlie Inited States were fully aware ;iud recoj;ni/ed that tlio rii^hts of other nations to navi;^ale and li>li in the non-lerritorial waters adjaceni lo tluMr nowly-aeijuiivd territory, existed in their full natunil state, unimpaired and unlimited hy any Treaty or harsrain whatever. That, from the vear I'^CtT down to tl le voar 1SN>. the Vniied States, while they lawfully and properly eontrolKtl and letrishited for the shores auJ territorial waters of their newly-aciiuirod • iiiiliiii' iif Aixiiiiiitiil. (iiilliiii' ti( Aixuiiii'lil. ti-rritiiry, iliil iml nll4lMiii'i', In rri'laiii I'liiiins liiis^til upon lliiisn III' (III- Itiissiaii IlkaMiiil' Isiil, w liicli tlii^ I'niti'il Slali'M, lii^:i'llM'r willi liiral Itrilain, had sniTcMMrnily rnnli'sloil ill. Iln^ limn nl llirir |iro- ninl'^alinii ; linl in llii^ rniii'si- nt' I In- liisniHsinnN wliii'li liavi- arisen, llii'si' cvcriiliniial claims to lli<" riiiiliiil III' niin-lrrrilorial walirs were (IropjMMl, ami in llirir |ilai'it varinns iin|irrri'ili-nln| unii indrlinilo I'lainiM |iiil. fitrwaril, wiiirlt appear to lie hase I iipnn an aljei^eil prnperty in I'nr-KeiilH UN siieli. I<'inally, Miat wliiii; (iieat Itritain liaH from i\ui llrHt, stminiiiisly and ennsiHlently iippdHitd all the riiret^itii|i{ exceptional prclensions niid claims, she lias tliroii^hoiit lieen ravniiralily dis- poNcd to the adoption ol' i^eiieral nieaHiircs of control of the i'lirseal I'lNliery, should theHt; bu roniid to he necessary or desiralile with ii view to the protection ol' tint I'nr-sealH, pi'ovided that Hindi measiircN he e(|iiitahli; and framed on Just grounds of common intcreHt, and tiiat ihu adiicHion of other I'owers he Hcciired, as a guarantee of their continued and impartial oxcciition. i » Aniiiini'iiii-iii "I 1 ;i-i-. Article VI. Arrttnyemml of Cnsn. It will ho convenient to state the arrangement and order of the Cas(! Iwrro iirescntei! on hehalf of Great lirituin. The first three points of Article VI arc as follows : — "1. Wliiit (•xuliiiilvo jurisiljclioii in llif; sea now known as till! IScliiiiif; Sfii, and wlial ixi.lu.sivi; lights in tlifi .seal lisliiricf, llicri'in, iliil liiicsia iLssert iinii (.'xi.rci-"' prior and ii]i to tlio time of tliu ce.'j.sioii of Al:l^•ka to ilio L'liitcl States ? " 2. How fai wore llieso dniniH ol jurisdiction iw to tlio seal (i.slicrie3 recogiii^i'd ami (joiiccileii livJoeut ]',ritaiii ? [248] C 2 ¥ i\ 10 " .1. \\'n» till' Imily (if ttntor ii"\v kimwii im tlii« Koliriiiti Sen iiicliiilt'il ill tl>i> |)liriiMi> ' I'licilic (K-oiui,* tvi ihihI in tlin Tn'iity 111" I H'J,"( lii'twi'i'ti (iri'iil llritiiiii iiinl liii-isi:! ; uml wlml li^lits, if liny, in llu- lli'liriii;; Sea. \>i'ii' li^'M iiiul mcliwivuly uxcruiiiL'il Ity KiiMiii aftor llw wiiil Troiay i " Aiiiiii){<>iiioiit III {'nm\ Tt is in'MMosfd ill till' lii'st iiist iiii'i* tn tli'il witli tlicso |i )iiilH, wliii'li n'l;iti> to llic (iri.;iii:il cliiius hy Itiissia to ci'rtaiti rii^lits in Mclii-in.; Sea, aiul tlio ai'tioii ol" (ircal Mrilaiii ri'^pcotiiii,' tliosio olaiius. TIk' (|ii('sti(>ns tlu'rciii raised will bo coiisidiTcd under tlie rolldwinij lioails : — llc.liln III' Al^Ulllrllt. (A.) 'I'lie user up to tlie year 1S21 of Mehrin^ Clmpicrl. Sea and other waters of the North I'aeilie. "•'"' •*• (H.) Tlie rkase of IS'il and tlie eirciiinstanccs chnpirr II oonnocted tiierewith loailiiig 14) to (ho Troutius of ""'* '^• 1821 .mullH25. (C.) The question \\liet her the hody of water Chapter III. now known as Hehrinj^ Sea is ineliKh'd in the "'""' ^' phrase " I'aeitic '..)i;ean," as used in the Treaty of 1825 between IJreat Ihitain and lUissia. (D.) The user of tho waters in question from Chapter IV 1821 to 18(i7. ipter I V lead D. It is then proposed to consider point Ji of Artido VI, M'hich is as follows : — "4. I)i(i iidt all tho riithts of Kiissi.i a.'^ to jurisdiction mill as to till' seal tislicrii's in llrlniiiLj Sni cast of tho water lioiiiiilary, in the Treaty U'twi'cii the I'liited Status i.ul Itu.ssia of the :Uith March, l8tJ7, pass nniiiipiuruU to tho Uuileil States uiuler that Treat v 1 " il This point will bo coasidorcd under the follow- ing beads : — (E.) ^Vhat rii^hls passed to the Uuitod States Cbapt«r V. under the Treaty of Cession of Mareh JW, 18G7. "*■'' ^' (F.) The action of tho United States and Chapter Vl. Kussia from 1807 to 1880. "'*'' *■• (G.) The various contentions advanced by the Chapter VII. United States since the year IbSG. Point o of Article VI is as follows : — "llixs the United States any rit;bt, and, if so, what ^'"iP^'. ^!f.' right, of protection or property in the fur-seals fiaqucnting Article VI, Poini ', it^>mw^ '~' 11 Aihinp'tiioiit of I'liHc lliu islitiiiU til" Ihi! rmti'il Sl,it\'ri ill Ui'liriii;^ Sen whiMl Hlicli Huikl'^itri' I'liiiiul iiiilNiilu lliu imliiiitry .'l-iiiilit limit ''* 'I'liis will 1)1' Itrii'llv (' msidi-rfd, ImiI tln" itr.(;)i»-ii- tioii wliich a|i|ii'ars to ho I'liilinilii'il in IIiIm qiiostiiiii is of a t'liuiMclcr so uiiprccinli'iili' I lliat, in vit'w (if till' altsiMico of any iircrisc (lilinilioii, it is iiu|iii.ssililo to ilisiMiss it iit Iimi'^IIi it i\\<' present time, it will, iiowever, l)e livaleil ill tlie li;^lit ol' such ollurial stiitoaieiits as liave hitherlo Ikh'ii niaiU< on the part of tlie lliiileil Stales, its (iiseussioii in ilrtaii lieinj; neee»N;iiily reseiviMJ till siieii tiim- a^ tlie Uni'ed Stales may pnuliiee ll'.e eviileiiee or allei^aliniis iiii.m wliieli it reliei in a(l\aiieiii; siii'li a elaiin. » Articio Vn is "•. follows : - Arlicic VII, "ir (lie (lc'!('Viiiill;llinii iif III.' fdifroill;; i|lli':et the limitation or control of the rights of Mritish stihjei'ts in regard to seal lishing in non-territorial waters, it is i\ot jiroposed to discuss tlie .'^-.leslion of the proposed Uegulations, or the iiitttire of the evidence which will bo submitted to the Tribunal. With regard to the points raised under Article VIII (which roi'er to questions arising II If*! 13 out ol' olniiUH for lininngcN), \i will lie contoiidcMl on Im'IihII' of (in«ni llriliiin Mml, (lio w>i/,niv of tlio Hlii|)N VMS iitiliiwfiil, iinil lli(> ArltilmloiH will l)o nskiMl (o llnil (lint in ciu'li ( OovcrnnnMil of llio riiilcd SImIch, and llini tli<< nnionnis of diitnii^cM willi (iirnl llrilain in ontitlod to olaini on li< lln< rcsiicotivc anionnlH slali'd in tin* S('lit>dnl(> of ]mrtionlai'H a|)|u<*i»l "' ' 'I'*''' r T 13 (iHrl (il WllllllH U|. I'P IH2I. Arcii In 1)1' ciiiiHiili'rwI. Pucitic Ocoiiii ' " Iklirinji Sm ' C'ltAI'TRIl T. TTkaii (A).— T/ip Uiifir, up to llm ymn 1S2I, o/ llif Wiiln-H nf Uphriiiif Sra anil, nihrr Wiilern iif Iff Nnrlli I'lirijir, U Ih hIiowm ill Mid (ollowifiK Nfrirs of liintorit'dl nftlf'H, clironiiloi^if'ally (irniris^cfl, Miat. tlio \viit,fT« Niilm('(|ii(l t')', which is the Houtlicrnmost point of (he territory now known as Alaska, are well within this limit. TIh' racifur Ocean as a whole, was, in the last century and in flic riarly part of the present century, variously named tlie I'anjir, or Grral Ocean or SduHi Hna, the last name arisins? from the circumstance that it had heen reached hy sailing southward round the Cape of Good Hope or Cape Horn. Behrimj tim is. and was at the time of the negotiations which arose iinmudiately on the promulgation of the Ukase of lS21, recognized by geographers as a part of the Paeific Ocean. •»■• '*'\\ ID 1 i :'i^ ,: 1 MM.] H ii 1 l\i- '^mi 1 % m 1 'i\\ ''■Hnri ■ »»^; hW I • Tlic text of the L'knse of 1/90 will lie fjiin i it \i. 25 of t'tiif Cane ; th.it of tlie Ukate of is.'l at . £7. 11 I Hi ^ I ii I t ^■ The iiMinc In- whifli it is now known is that of tho navii^iitor Hclirini?, but in curlier times it was ol'lcn named llu> Sen of Kamtchiitka. Tills si>a wa.shos tlu^ nortlicni i)!irls ol' tho consts of North America and of Asia, and Is regarded as cxtcndini; from Hehrinj; Strait on tho north to the Aleutian and Commander Islands on the south. Its aiva is at least two-thirds of that of the Mediterranean, and more than twice that of the North Sea, while its extreme width is ],2G() miles. From north to south it extends over ahout It decrees of latitude, or more than SOO miles. From tlie south it is a|)iiroaehed hy numerous open sea-wavs, one of whicli is l/Tt miles wide, another '.»■> miles, live more from 55 to 22 miles, and viMV many of smaller width. On the norti'., it comnuin'eatcs with tho Aiftio Ocean hy Hehrinu: Strait, tS miles in width. lU'hrini; Sea is the eonunon highway to the Arctic Ocean with its val lahle fisheries. It is Oreat Hritaiu's hii;liway to her possessions in the north vii\ the Yukon Uiver (of which tho froo navitjatioii is !j;uaranteed hy Trtaty), as well Troniy of I as the route lor sucii communication as may lio ;\|„y j,^ myi held or attempted with the nortliern parts of tho Article X.XVI, coasts of North America t(» the east of Al.aska, and with the estuary of the great Mackonzio Uiver. Ilosci'iptinii "I i''rliiili^ Srn. :l I 'i I, r Maiirroft, HUtorv lUslortcal Outline. In 172^ and 1720, Hehring, in his lirst expe- dition, outlined, somewhat vaguely, tho Asiatic coast of ndiring S(>a, and practically proved orAiiigka,'p!°;"7 tho scjiaratioii of the Asiatic and American continents. In 17 M, llehring's second expedition, M'hich n,jj pp. 6f-74 sailed from t)kliotsk, resulted in the discovery of the American coast. Unsatisfactory as tho voyages of Ueliring and his associate ChirikolT undouhtedly were from a ji^ographieal point of view, it was upon their results that Russia chielly based her subsequent • This worn wi\I be referred lo throughoiil these pages by the »hort title of" A1;isk.i." For thi- jorioil disciisscii in ihi^ Chapter roi'erence mny be made geiierully to "lymin's Diplomacy of the Uoited States," ',2nd edition, Huston, I8'i8, v~l ii, chapter XI. llisforlciil Oiilliiw 1741. ITi'i.'i. 17ii'.'. 16 pretensions to tlio owiuiMliip of the iiortli-wcsU.'i'il part of North Ameriea. iliiiiters mill triuhM-s followed itehriiii;'s lead, and lU'liriiig rslniid, and various iHlaiidH of the Aleutian eliaiii, were visited from tlie Knni- tchntkan eoast. Al«.kn, ].. 111. i„ ]7(;3^ Qlotloi', on a trading voya;.,'e, ventured as far east as Kadiak IslMnd. 11.1.1., pp. 167, l.w. In 17(11 lo i7(js, Hvnd, II Lieulciiant ol' the Ru.ssinn navy, made an exiu'dition alonjj the coast to lielu-ing Stiiiit. Of the period from 17()0 to 1771), Hancroft writes in his History of Alaska : — ■ Iliid, p. 174. '' Kroiii IIiIh liini> In llii' vi.sii ol' (.'ii|>lniii ('nnk-, Hiii<>|(t triulci'H iiMil siiimU (,'iiiii|>aiii('.s cniiliiiurd In liallii' willi llic i.sliiiiil.s ill iiiiicli llic Hiiiac iiiiiiiiicr id.,p. 197. I , , s. Cooll, VoVilRO to till' Pacific Ocean, I77G-17HO, l.niulnii, 1874. Ibid., pp. 194-107. The extension of Russian infliionec^ did not pass unnoti(MHl hy Spain, and in 177 1 Perez was dispatched from Mexico on a voyaj^o ol" explora- tion, in wliich ho reached the sou' horn part of Alaska. In 1775, Jloeela, also inslrueted hy the Viceroy of Mexico, explored the vonst of America as far north as the 67th or 58th decree of latitude, taking possession of that part of the continent in the name of Spain. In 1778, Captain Cook, sent hy the l';n},'li8h Ciovernment, reached the American coast of (ho North raeilic w ith two vessels. In pursuance of his instructions, he explored the coast from ahout 41° of nortii latidide as far as (he region of Prince William Sound and Cook River or Inle(, taking possession of (he coasts there. At Cook Inhst lui found evidence of Russian trade hut no Russians. At Unalaska, one of the Aleutian Islands, he again heard of the- Russian.s, aiul on the oc.-casion of a second visit met Russian traders. From Unalaska he sailed eastward to Rristol Bay, landing and taking possession. From this he explored, and dcllnod the ])ositioii of the American coast northward as far as Icy Cape, heyond liidiring Strait. Cook was killed in the i'ollowing w int(U' at tl j Sandwich Islands, hut his shijjs, under Clarko, returned in 1770 and made further explorations in Behring Sea and in the Arctic Ocean. Under this expedition, and for the first time, tho [248] D i i**i|- 10 nmiit oiillinos nl' Hi<< iiortli-wi curii'otly I raced. This i|)(MH'(| iip the (railo \)y son in I'nrs fiiuii the iutilh-\vost«>rii |)arl of An\orion to t'hina. Cook's survovs still ivniaiii ill many rases the most authentie; and these, with other resnits of the e\|H. isii. Cook's iliseovories, to (>stal)lish a Knssian trjidinj^ post on the Ameriean m.-i inland, at Prince William Sound. It ended disastrously. l''or some vt'.'U's atler this reverse only one lliiil, |i. lUI. small vcs.sel was dispatched from Siheria for tradinuf ps ; hut in 17^1. Shelikof visited ii.,,|., p yui I'nalaska and reachetl Kadi;ik l,slai\d, with the intention of clTcetiu!? a pernianent occupation in IT^'o. Captain llanna entered into the Ilini.rnO . lli-imy trade net ween the norlh-W(>st coast ol ,\nieriea , „„,, ,.„| j and China, lor which Captain i'otk's cxpi>- pi' I7;i. I7<.» ditioi\ had shown tlie way. lie made ji secoiul voy.aije in the follow ini; vctr. hut appe.irs to have conlined his trndinu; operations to the vicinity of th(> northern part of \ anctmver Island. Oth(>r <'ommerciaI adventurers wer«', howc\(M', |>racli<'ally <'i>nliMnporji 11 ITT:: neons with inna. and this year is an impertant one ii com\»>ction with the whol(> reunion. The " Captain Cook " and " I'.xperinuMil " fnnn AIlKm, y. -iv Hoinhay. traded at Nootka.and ;il Prince William Sound. An r,nirlisl\ vessel, tiie " liark." l'apt;\in Peters, Sjuivi': III iif l.oiiiloii, I SIC •j;'.i, -.s! from nons?al vi:\ Malacca .'.nd Canl.m, aft.M- }|;|):;r ;:;;'.'' ' tradinu: at Pctropaulovsk in Kan\tchatki, sailed ri' for Copper Island with the supposed purpose, as alleged, of ohtaininjr a caru;o of coiipcr there. She was wrecked American coast, and tradinl and cxphnvd far to the iioitliward. ITV'.i ITN.!. IT.'^i") I7S0. • This work will be irfprnil lo lliroiiglioiil llioo |mj,'i't liv llie >liort tiilo of" Nortli-wost Co.isl." 17 iTs<-. \rM^. " ,\ \ninKll liillliil IIm' WoiI.I. .1. .■• |..mhI"|i. l7S't i;!ll' Hrr iil-o • Aiiiiinl ll(|ii«lri,' I ?; O, til »\iiii, 7Sii. Alaikt, p. '2S5. 'VUvnr vit_viiK<'M nn» iiii|)iirliiii<, lici-miw ili'liiiloil iHM'tiMiils nl' licilli M(>n> imliliNlinl, ill ]'iH\i and I71M» rcs|H'cliv('l_v, uliili< tlii< vii_vii«<"< nl' (iMu-r (nnliTM li(iv<« ^ciii'rnll.v mil iici'ii rrcmilnl. I'lii'llurK iinil Dixnii, wliii liiiil milcd ri-tiiii liniKJiiii in IT^^'i in lln' " Kiiii^ hiifivi' (Ikti", niiil siiliMM|ni'nll^v nl Miiiutis nt'irr iiliircH si<(|iii'iiliv ('.'illi'd )il 11 niiinlii'i' nl' |il,'in'N on Ili«> Aliwkiin rnjml, mm will tis (il pnils nnw iiii'indrd in llir cniisl liiir nl' MriliHli Cnliiniliiii, iiiiikini; very siilmliiiiliiil nddilimm tu tsi'ii! wns intendiMl for use in the fur trade, and M-ns nppropriatcly named the " North-West America." Also in ]7Hfl, La PerouKc, on liis voyage round the world, under instructions of the French GoTommcnt, first madt^ tho American land near [248) D 2 s 11 I i MoHiil HI. Mlin'*. 'I'lu'MCK lit" m!|IIimI oiKihviM'tl iinil NtMillwviinl, onlliiijt M |ilm'iw mm (Im« AIiihIu(II coiiHt At I.Kiivi'. Uny Ih' ..Itlnim-il in lnnl«« M.i.ln. i- vin I.OItlt M(V> ulti'l' «Kill«. Ill tlii< Niimo y.-iir tin' ltiiM«iiiii IVIIiylolV ll.i.l . |t li'tf i".r ilim-.iv.Mt'tl III.' ixliiiiiN ill Hi'litiim; Hon. iiii« KiviMMi liy liiM iiniiii>. Ill I7SK.II Hpitllisll t<\|H'(li(ii>li. ill llli' Vi>im>Im WM.yy V/0 'i; ' " IVi»iM"<'( " mill "H(»ii Ciiiiii'i," iiiiilt'v MniliiM'' mill ll.iiv. -..«! ..III. II xiiilo.l IViiii'i' Williiiiii Hoiin.l. lull r.>iMi.l III. Ilim.iiiin*. limn. Ihmvi'Vit. I'imiiil !i HniMiiiii iiiiy III ri oiiMioninMiNl |»Iium' whii'li liii.l Ml (Ills liiiu' 11 iioniimi.'ul UiiMNimi m>Ml.>iiuMi( Till. v.niH.'i'M IkkK |ii>..M(.»Mi.\|tli»i'Oil li.i.l . j.;. »nr-«70. I'liuco Willi.nii Ni.iiiiil. Niikulnl, mi. I Mliiyiv Urtjs. nil .il' mIik'Ii liM.I iMt'vi.iiiMly lioon oxmniiii'il hy l''i\»jH»U or I'l.'ii.'li xoviiftort. In 17SS M>^s.>ls in.iii III.' liiili'tl HIiiloN IIinI N...1I. «...i (Wi, Mil I. |i. iHft. tn«il('>l on II10 noilli vu'h( i'.v»»1. l'|nni tlio .'.nlliot ol inl.'i'.'>«ls nl IIiIm liiiti'itlnitK tliin jvul ol' till' Vincriojin »'.»;i!«l. (inil llio I'ivnl olrtiniH |o (oiritory dioii', llanoiMl'l nmkt'M I he I'ollowin!.; i>'in:uK!< : •" Vln' ovoiil'* >»1 \ ..',' S.'; iw.i-l li.iM' I'li'ii |iili'i'lili(! I'' llli' AImIib, p. U(!7 \(iU<\x'« ol Pnn.'o Williiim Soi\ii,l ri(j;liMlmn>ii iiihI.m- IIh' K.ijjU^U H:v:- l'i>;;l.«lni>''" in»l''i il"' IV'iiii);iu"«' lli>n, Sivui\:n\N nivi Itiixiiiii^. xv.'ii' .niiniifi iili.'iil, olliii williiii :l low wwtos ot (Mill I'tll.'l. I.lklll;; |>o,»'«.->-ll f.'l iMl,' nnll.MI ov il\o >>tlu'i. I't ^< : - " Till' iJl IX^-^lll'-i lllllV l'(' sol «ll<\MI 111 Ill'Vl (.1 llliil,, |t. il:l|i iioUuui;. \Mih iht- •'V>v)ni.>i\ ol ilic iliiM\mr;li mmxcvs ol l^*pl,im lUv in lUniliuk UrtvK'in on I ii;il.i-Kii Isluinl, Kv>r\ .^tln'V J\iil of (ho woik liiUl iillxsuis l>ooii iloui> by l\vk.- Iho v\M>ipl;unts« of nativos. njtainst thojn'su'tioos of indoivndont tnuloi-s anil advi'ntnroi's, l)i\>n^;lit Iwok by this oxixMition. hail nmoii to ly of tho tnulo to tho Uussian-AuuSrioan l\)u\i»auy. I'l I, Mil 171'". I VII I IV'.r.!. i7'.t;i, Nniiii <<)•( r«i.t, AIikIii, |. Vi\. IliM , |. :iun. Ilil'l , |i. 'JN.1. lliM., p, .'70. Niirlli wol Ciinil, ml i,|i|i ynii. •;f,7 Alimhii, |>, V'M. Vlllll'IIIIVKl, Vlll. Ill, |i ■l!m, ViiyiiKK III l>i«(ii»iiy III iliii I'm illr (iii'iiii. I.11II1I011, l7t)H. AIhkIiii, |i vtl'i Vniiitiiiivcr'ii Vbjfnga, III I7M>, hvi'lv)' vi'mhi'Im III li'iml. mii< known lo liitvi' III I'll Iriiillii)^ (III llii' intrlli mi'hI. riiiml * Till" Mi'll IdiiiMii "NiKillui" Mi'i/,iiii'M l»y (lin HjiMiiiiirilM iii'i'iii'iiul ill llijii ^yi'iii'. Ill I7IHI, l''iilMl((') Miiiji'il riiiiii Niiiilliii, llii'ii iM'i'ii|iiril \>y H|inlii, In I'Miiiiiim' llin iioilli 'M('i«l UOIImI, ilirlllililllf I'liiiri Wjlliiiiii Hdllliil, < iifik liili'l, mill KiiilinL 'I'lii' liiiiliiiK>vi<><>." '>i in ttiklilii cnnid be purchtleiJ, iml, if diiappoinird or forektnllf (111 t otic |ilacf, at once "8^' coast extending to Yakntat Jiay, weri' in turn carefully laid down in detail. Ho ascertained that tho easternmost Russian listahlishinent at this time was at Port Etches on Prince William Sound. Concerninj* the Russians hero and there met Iliil.,\i.| with, Vancouver remarks that he — ''' ^'^'^ "clearly umlerstiKwl tlmt tlie liiissiuii (roviinniiont hart little tt) ilo with tlicse Setlli'iiiunts ; llmt the)' wcro sololy iiiulor the iliii'ctioii and suiiiMiit of iiuh'pciuiciit iiicrcaiitiK- Compaiiit's Not the least atteiition whatever is jiaij to tlie tiultivation of tlie land or to any otlier oliject hut that of cullectiiij; furs, wliich is iirineijially done liy the Indians." Near Yakutat Bay he fell in with the " Jackal," an English trading-vessel, which was then upon the coast for tho third consecutive season ; and further to the south-eastward ho met with the "Arthur," Captain Barber, from Bengal. Vancouver took possession of the coast south- wai"d from Cross Sound (latitude 58°) in the name of Great Britain. Tho results of his surveys were published in 1798. The names of four trading-vessels on the «„ .i . r. . north-west coast, incliuling the "Jackal," are »ol. i, p. aar. known for this year. In 1795, a trading- vessel, named tho '• Phoenix," ii,i,i., p. 304. Irom Bengal, was on the north-west coast. In 179G,at least three trading- vessels arc known j(,|j^ ., 303 to have been on tho north-west coast. In 1797, tho names of four trading-vessels on Ibid., p. 306. this coast are known, but these constituted probably but a small part of the fleet. In 1798, the names of six trading-vessels happen joij ^,,1 j^ _ ggg to have been recorded. In 1799, the "Caroline," Captain Cleveland, from Boston, arrived at Sitka shortly after a Russian post bad been established there. Several other American vessels, among them Alaskis, p. 389. the brig " Eliza," under Captain Rowan, visited Sitka during the sumtner and " absorbed the trade I7.U. 1 7:1 1. nn.-. IT'.lil. ITflT. 1798. 17!t'.». 21 1 :;•!'. Nori)i-»riit Cnait, \u\.i, p. 307. 170,^-1801. Alaiikii, i>. 3S4. Ibid , p. 39j. Ibid., p. 308. Ibid., p. 30D. wliili) till! ItusHiiuis M'ci'c pi't'itiu'iiiL; to uociipy lliu Hold ill tli(« fiitiiiv." Tlio names of sovt'ii vessels ti-nding on tlio north-west coast are reeor.letl in tiiis year. Nothinsj approacliing to u complctu record of the uunies or nationalities of vessels trading upon this part of the uoast in tlio years about the close of tlie last century can now he ohtained, and, in tlie al)sencc of any publislicd record of explora- tions, even incidental allusions to the presence of such traders become rare in the years after the date of ^'^aneouver's departure. That such tmde was, however, continuously practised is evident from the i!;eneral complaints made by the Russians as to its ellVct on their operations. The following quotations from Bancroft's " History of Alaska " allude to complaints referring particularly to these years. Writing of the enterprises of liaranoiF, Governor of Sitka, Bancroft says ; — " At every jioiiit uii.stwiml of Kiidiiik where lie lintl eiiileiivoiired to (-lieu triule, lie found liiiiisell' furu-stiiUud by I'ji^li.sli and Aiiierii'iiii .ships, wliicli litul riiiwd tliu prices nl' skills ahiidst iieyoiid iiis limited nieiuis." Again, referring sj)ecially to the nascent Establishment at Sitka, BaranotV himself Avrites : — " I thdiighl there NVuidd ho no iliiii;;ei- with proixjr pro- leuliun from the larger vessels, though the imtivus tiiero ]iossess larye cmaiitities of tiru-ariiis and nil kinds of ainniunition, reeeiving new supplies aiinuully from the Mnglisli and tVoni the I'epublieans of Itoston and Anifrien, wlidse ohjecl is nut permanent .s^'ttlemcnt on tliese sJiore.", hut who have l>een in llie haliit of making trading triiis lu tliese renioiLS." On another page JJancrof t writes : — " llaranoll's complaints of foreign encronchnicnt appear to have heeii well grounded. Within .a few leagues of Sitka the captains of three Boston ships secured 2,000 skins, though paying very high prices, each one trying to outbid the otiier." Turther on Baranoif is quoted to the effect that the Americans had been acquainted with the tribes in this region for two or three years, and sent there annually from six to eight vessels. These vessels from the United States were at this time just beginning to supplant the English traders, who had in earlier years been the move numerous. i 1 MM m H 1 ^Bllfii it Rftl I i ^B'^H ^^^^■^> 'iVi 1 ■«! B^B:' i' ' 1 ^K^l ■HH' '• ^ ' ' 1 ^^B^^l ^B -aH ^H 'Hffl H^^H'' ^^^^1 ^B 1 91' 11 ^B' ^H 1 H'^^'; ; 1; 1^ ' BP ^f W^m'' ' ^H . f M:. : ll ^H \ '^\ ^^^^B'' \ 1; '.■> H' ' ^'^ m| lli ■i. H/ ^:l^i If llj I '^m^ if 'i 11 hIi' ' ' if Em ll \\ 1 III 11 ' 00 Fi It 1 ■li:l;li ifiil 1 Vii 11 n ■Hi V' Mi H HI WK 1 'M| i| ■ WKi I ^^ 11 1 mm ll I^P II 'SaH ' ' *f iffii 11 ^imi-a Wm. n ^■^■E '<; |^u| ■H^^ H ■i »f '^^^^^£ 1-^ IB 1 HI r ■ill uH 1 ; :t IH9 HbJ ' IM I OiH't' mow Hiiiu'ron (hidIoh UunmolV u» "Till' li'imliirH (if llii't lV]>inii mo .111 li lliiil IlilllliMM ,\lii»U. (1. SOU. limy 111' liiiiili' lliiiv fill nin ruiiiilrv "illi |iiii|ii'r iiiiiiini'i'- nit'iil in till' riilinv, l>iit I'nr ovci Ini yw^ li"i>i "iv i" t''ii Knv'll
  • lil.OllO M It iiiiiiniiiini, il \mmiIi'iii'' 111 lOii.mui skliiH, wliii'li III llii' I'lin' "I t'liiilii" III J.i iiiiilili'i I'l'i Hkiii, wuuKl Hiimmit I" ■l.itH'.t'dO riuiliU'B." ('irrii""''''*"'''" ('iK't(m*/rtHiY. I'kasr of M',)',). \\ will III' iM»n\iil iip In Hit' I'kiiNi' ol' 17l>1». (Ill- liTiiiM 111' lliJil rkiiMi'. .'iiiil ils (ilTi'cl. As rarix ms ITSti. llu' idoii li:iil luroiiH' iloniiiiiinl Alimkn, y ilit.V «illi (iiikjior Slu'liK'il, hIu* It.'nl mIioi'IIv iu'lori' rsljililislu'il (ill' llrsi ponumu'iil Hiissitiii nilniiv nt Kiuliak, o\' cnvitiiiij: ii Coinimtiy wliirli slimilil liolil !i iiioiioimly i)f Iraili" in llu' Ihissiiin |iuis('s- siiMii DM (III* i'arilii", and ovor all llial pari of llio Ami'riran Conlini'iil lo wliicli Kns.sian Innli'is i-j'Mtvti'il. Sliclikol' olilaini'il Itnl a paiiial siu-n'vs in the ("liartiT isMu-iI for llir I'nili'il Aini'iioaii (\iinivni\ ; Iml al'li'V I»ii ili-alli al IrknNk in 17'.'''. ||,i,|., ,,|,. 377-379 Cin'iiinHlaiui'H wliiili Inl ii|> in \\.,y 111' IV'.i'.i. Iiis lu'xuno ;'Iion\ CS WiM'i' tal M'U llj) l.\ 1 IIS soll-l n-ia\ 1(1 snct'i Tili'il ill rarrx in:;: llirin l<> I'l'in- plction, anil, ill 1 T'."''.\ .< I kasi- was issiicil wliii-li :;ranU'il Ihr wislii'il Inr I'M-lnsiM' privili'm's (o llii' ni'w Kiissiaii-Amoiioan I'miniany. Hi'I'oro lliis limo. in l"!'^. :i I'oiiMiliilalion of llu' JSlii'likul ( mnnanv w itii sovoral snia llllT I'lHU'i'l'lls lia.l ti't'n t ■iVivti'il iiiuli'r till' nanio of llic Uiiili-il Ainovii'an (\'inpany ; a 111 1 at tl ilati if 111 issnini; of Ilio I kaso ihoro won' iiul Iwd rival l\>inpanii>of iniporlanoo in Ilio liolil, llio .''iliolikiif or rnitoil Aniorioau rmnpany, aiul llio l,olioilof Company, and tlioso oiii;ai;o.l in aolivo coinpoti- ti.m and hostility. ManoroU sums vip tlio ^i'.".'i*.iou about 171M and 1702 in tlio foUowinsf words: — AtTii I'lv ascjuuniij; a .id., tho Sliclikvif inon oxi'luilod finin tlio j^iontor pa it iif tlio iuU't [l\vk luli't], but ihoy won- ojumtioil in liii'il' iulviiiuo iviiinl Triiu'i" Willinni Soviiul, whiili \v;i.s jiL-in iliuiuoil liy tlio Lvlvdcf fiictioii, ihousjh llii; ('livkluif and vilioi- Cuin- (Mnii* werv luinlins,' tlior .... :i39. PI' HiB. n i',,f»mM\>'0» wliirl I tip I.. I'kiWM. *' ,.f 17IMI. Aliokii, |i UJ\ lliiil., |>|i ..0A3III, ;)»;i. IImI., p. 3UI. Ibi»li|ii Irnili'iN " KiiIiIhtv mill liiiiliil iiiilmK>"* riniliiiiii'il l-i \m tliii iinliil iif llii' iliiy, IImi|||(Ii M>iW riiliiliilllt'il I liji'lly fur lllii |illlpoiiM III iililiillii||){ Hiiln I'linlrnl III lllli lllli'l, III llin ni>)(li'rl. Ill' |i<)iil,JMiiil<< piirmillK," AKilin, ill iiiiiillior iiliin', llii< Niimn aiillior wi'iloH, willi n'Kiinl <'N|ircially to Mii' iioNilioii nF llaraiMifV, < liivi'iinir ul' Mil kii, vvIiimi li*t look diai'i^i? ol' i\w Nliolikof Colony ol' Kiuliiik : " riiiiH, nil fvi'iy Kiili', iiviil I'MliililJuliiiii'iil'i Mini Iriuli'in worn iliiiiiiiii^! Iliii liiiMiliy III IliM viiIhiiIiIi' nlii|ilM ii|iiiii wliiitli rritlcil t.lin vnry nxiHUitici' of llin NrJii'iin' of r.ii|iini/,it- lioil, 'I'll tlin (iiinI, mill linilll llmrii vviIk Itil'MiiiuiM, iiiil tiii wilJi <'iiiii|iiuiy Hwiiy." II, wiiM uiily ill lliii ladr ywH ol' Mh- roiii- |K '" iiMMiiiiir JKiHliii' !ilUt,iiil(;H to OIK) imollicr. '\'\nt' ^niwiii^^' |)I)\vit ol" HotTii- ol' ♦liDin favonri'd a^^i^'n'MHioii, find IIid incn-aMing Hcarriiy of llio wii-ollcr, wliirli wmh ainwiy lii'i;iniiinK ill III' lilt., a(;(;)'iiiiini.i'(l il Af. liiHt, anil for niiiny y«!arH al'liir llclirini^'N initifil voyaj^o, llir liHilurs from Hilmriii woni HiiirKrirntly ocfiiipicid in liirninp^ lo (Klvatilui^i; liii-ir (Icaiiii^s vviUi Uir nalivcH ol' llii! isiiinda and coaHtN viHitcd by thorn, and tills iiol. in IIh! ... tsi Hcriifiiiloiis manner. Trihnio in fiirH was cxaclcd from flio Alciils on various prolnxts, and wlicnovcfr Mk; tiadcrs cnmv in siidlcifnl, forcn llicso jiooplc woro viftiially on- slaved. Nol, only wen; t.lio cornpanicH of tradors under no NiiUleienI, or rerogni/od control hy the KuNsian (Joveninient, hut they (;ven disliked and resented in some iiiensurc the advent or [iresenee anionp tbem of eonimissioned oflieers of thi' Oovornmeiil. TIkj effect of th(! reports of the suhordinaU' niombcrs of liilling's expedition, as to the unsa- tisfuctory stale of alfairs in tlu- Aleutian Islands and on the Am(!riean coast, tcsnded to favour the project of tli«! cstahlishnKjnt of a monopoly, by disclosing the abuses which existed by reason of tlie existing competition. Bancroft more than hints tliat th(! superior oflic( rs of the expedition [2'18] £ i Il If J i i il 21 NYlMO illillH'IMl (il kl!0|» ItillMIOlt IVillU illloi'I'Nioil imtlivi'M; iinil hilliiiK's |{i>|)(irl., ulrtti'vi' lU liMimir iniiy Iihvi< Itct'ii, hum iicvi'I' |tiil>liNlii<(|. In i\w t>iiil, liuni'vrr, it; ItoniiiK- in a tli'^ron in)p( Itnssiaii Oitvcrnnicnl |o |iiit H Nto|i (i) tlii< NcaniliilH anil alnist's wliit'li l1i)\iriNliini>, ami llii> l<«|, «'\|M'nNivi', was lo vi"Mii|ianii"4. 'I'IiIn, licini^ aNo in llii< inl.iM'i'Nts nf tlii< Ciiinpaiiy in qMostiitn, uas not roMi\il ilillliMiM, of a('liiiuiciit, iiiiil, as a ritnsi'i|Mi'ni'r> of ilin rkasc ol" 17'.t'.', till" alts()i|iliiin til" llii' sinalliT I'linci'iiis KJiJl oxistin^ apiuars to liiivi' rnlloAcd \\illioiit any i^i'oal ilillicnlty, llaranolT, as lliu rxciMilivi' licail of tin' new ('in|ioratiitn nil llio Anii'ri«-an i-oast, I'oniing to llio IVniil. as llio natural lomlrr. \> lii'ii Sliclikol' |irrs(>iili<(l af St. I'i;iiial prtition I'or tlii< ri^'lit to iniino|ioli/i< llio Iraili', a l{i'|)inl was roiinostnl nn tin* NnltjiM't, I'roni .lacohi, llio (lOvi'inor-CiiMU'ral of Mastorii Sjlioria, anil in .lacolti, Slulikof i'oiiiiil an alilo ailvocati*. .larolii staloil thai il uonlil lio only jiiNt to Slii'likor to t;raiit lii.s ri'i|Uirious won* thodiHioiiltios arising from tho oompotition, and soarooly voilc,(!l hostilit'' of rl^^vl Russian tradors. Tho inoro^iusing ira'.o liv foioiguirs, t'gorhor wil'.i llio iiununMUs oxploriug aud smvcyiug expeditions dispatched < iii'iiiimlnnnn whii'li liiil iip i,, pi of 17UU. 2B , „,,l,„,(,,ll,i". whirll li'\' Atncrii'ii l(_v \mi'-, \M'i'i< Mil iloiilil ilisi niKlnl hy lli>' llnssiiiii (riiilirN; Imt. at llm mitiii' linii' lln'ii! tiinliis Witrn orii'ii iililii^i'il III il('|iciiil nil Hin'li Inn iifiiiTH lor Nii|i|i«)rt mill iisNiildiH'i'. NohIh'M' ill III!' ftiiiiaU (if till' liitii'M |iri'vioii<< In, and iliM'iiif^ llic o|ii>rali'iii lA lln' IlkaMr ol' 17'.'!', 4|iiliili|i) ri'coption. Siii'li an alliliiilc on Mm- |iiii'I of |||i' lra'l<-r< anil llif (.'om|iniiy in, in fad. ulriflly in ac-cord with (III! UkaNdof 17!M», which in |iiinly linmfilir in its I'liiiiacli'r, .'iiiil in wliirli no cxdimivi' rii^hls nK'«i"*<' Inri'ii^iirrs an- aHm-rli'il, 1^ ivvi ..nikaHiMir 179a Aln«k>i, p|i '.iTJ ■ MHO I'liiinv of I71»1». 'I'lii! Coll' lin^' is a lilfial linimlalioii ol' llii' Clcisc ill ijiii'slion, lakcn frotn fiolovnin, in " Malcrialiii ilia Isloriy Kiisskikli /asMrirniy," i. 77 HO:- " lly III'' yniif uf ii mi r< ilul '"mI, «i', I'mil I, l,iri)i|if uii'l Aii|i"i:ii iif All llii' lliiKMiim, Alt. 'I'll till' li'iii'iiiii- Aiiiiiiiim ( 'iiiiiiiiiiiv, iiiniii- dill lii;;li'-l priili'i lion, tl.i' liiMii'lilH Mini ikIviimImi'i'h m' iiilliii;.; In iiiir Kiii[iirit liniii till! Iiiiiiliiii; mill Iriiiliiit; "i. To CNtend their navigation to all adjoining nations and hold business intercourse with all surroimding Powers, upon obtaining tlieir free consent for the purpose, and under our highest protection, to enable them to prosec\ite their enterprises with greater force and advantage. " 6. To employ for navigation, hunting, and all other business, free, and unsus])ecteiiii3' fiir:i iii'iiiiil (if lAv.'iity yciiis, til iisp anil enjoy, ill till? iiliovi'-ili'scrilicil PxU'iit of cnuiiti'v and i.slanil.i, all prolils luiil ailvimliiiTi'.s ilciivcd I'roin luintini,', Iriidc, indus- tries, iind diseoverj' of new lands, ynoliibitiiifj the enjoj'- nient of thosu i>rolit.s and advantages not only to those wlio would wish to s.iii to these I'ouutries on tlii'lr own aucount, liut tn .ill formi;!' hunters and tiiipiioi's who have lieen i!ni,'nj,'ed in this trado, and have their vessels and furs at those jilaees ; and other Conipanics which may have been f(. Mied will not lie allowed ti lontinue their l)usine.s.s unless they unite with the piosent Company with their free consent; hut sueh private < 'oin]iaui('s nr traders as have ilu'ir vfssels in those ri'Ljioiis ran either sell their jiroperty, or, with the Company's couseut, remain until they have olttained a eargo, but no longer than is reipured for the loading and iitiirii of their ve.ssid ; and after that nobody will have any privileges l)Ul this one Company, which will be protected in the enjoyment of all the advan- tnges mentioned, "11. Under our highest proteetiiui, tlie l!ussian-.\iiiericnn Company will have full control over all abo'. i-meutioned localities, and exercise judicial powers in minor eases. The Comjiany will also he permitted to use all local facilities for fortifications in the defenci; of the country under their control against foreign attacks. Only partners of the Company shall be employed in the administration of the new po.ssessions in charge of the Company. " Tn conclusion of this our most gracious order for the benefit of the Russian-American Company under highest protection, we enjoin all our military and civil authorities in the above-mentioned localities not only not to prevent them from enjoying to the fullest extent the privileges granted by us, but in ease of need to protect them with all their power from loss or injury, and to render them, upon application of the Company's authorities, all necessary aid, assistance, and protection. " To give effect to this our most gracious Order, we subscribe it with our own hand, and give orders to confirm it with our Imperial seal. "Given at St. I'etersburgh, in the year after the birth of Christ 1799, the 27th day of December, in the fourth year of our reign. (Signed) " I'Ai'i.. " The Ukiisi', it will ho observed, granted to tlic Russian- American Company exclusive rights as against other Russian subjects only, and in no way interfered with the rights of foreigners, not- withstanding that tlic representations which led to its promulgation contained, as has already been indicated, complaints of competition by foreigners. It will bo noticed, for instance, that the details incorporated in clause 10 of the Ukase respecting the rights of independent traders are such as to be applicable to Russian subjects or Companies alone. The rights and privileges under the grant iiif» ' 'A ( -if ' 1 I i| I! |i :|li r' i. ff 3R UKtiMuIni to I he iiuniiii^ u;t'()Uiuis and ostiil)liHli> nuMiItt tlu'ii o\isliii^ on tlic n\,iin coast ol' Aniorica from Bi'hriii^ ISIrail down lo tlio r>r)(h (U><;r(M< ol' north latitiidi'. Tlio sontliorn limit ol" tlio oxolusivo roust |>rivil(>};cs ijnintcd to tlio {\)mimny »>xtt*n(l<'d on tlu< Asiatir side to .lapan. Nt)t only \v«>n' tlu> main ooasLs of Asia and AnitMica thus covciimI by lli(> Ukas(>, bnl tlicsamc |irivilom>8 «crc i^ianlrd on I lie Alontian, Kurilo, and otlnT islands "sitnatcd in the Noilh-llastiTM Oiran." It will 1)(> noted, IliiMvlorc, that thf aroii ovtT which thiM'xolnsivt'|trivih';jt's wiM'f i^vantcd lollio Unssiau-Amcrican Comjianv cvtiMidod hoth on tho ooasl of Asia and of AnnMica far hcyond th(< limits of Hi'hrini; Sea. IS|H'fial i)rivilt\!;t's in ii>!^ard to tho |imrlias(> of |)o\V(', r for shootiny; animals "on tlio mainlajid of Amrric;> and on tho islamls" wcro roiu-odod, and tho oxi'lnsivi! rii;;ht " to iiso and *M>joy in t\w abov(Mh'siTih('d oxtont of country and island.s" the hunt in"; and iradim;'. Tiip rkasc in no way claimed any extdnsive jurisdiction o\cr the sea, nor were any measures taken under it to restrict the eommerei>, navii:;a- tiou, or fishery of the subjects of foreign nations, aud this althouu;h, within Iho very are!> .'overcd by tlu; I kasc, as has already b(>en shown by the fnrii stated, vessels of various nations had been naviifating and trading. It will be seen, by the account of the years following 17'.)!), that these oiiorations on the part o\' foreigners contiiuicd. Iveferring to the Ukase of l7S)i). Mr. T.Iiddic- ton, the TTjiited States' Minister at St. I'otors- burgh, writes, 7th (l!)th) April, 1821, to Mr. Adams, tli(< Secretary of State of the I'nited Stales, as follows : — "Till' contusion iiivviiilnii; in Kurojii' in 1790 iH'inii'ii'd American Stnio j-nssiu (wlio atono sivnis to U.wc kc\^{ lui attention Kxpil ''ai'ers, Forci(i;ii .... , . , . ,, , 1 • , , Relntions, vol. »•, niion this nitt'iosi iluniii; that lu-rioil) to tako ti itocuU'il ,,, ^u] stop towanls till' monopoly of tliis tiailo, l\v tin- I'kaso of that iluti', vhii'li trcsimssfd upon ilio arknowi'ilyi'il rights of Spain ;• but at that nionient tho Kinjicror I'anl liiul declairil war ai lUr iim it mililiiU'il (ijjiiiiiNl llii'ii' I'iHlilM." lliBUnieal oiiUinti rtwumuil. 11800. 18(11. Tilt", luuMirimy of (.lio viows oxpni.sscd l)y Mr. Miildli'loii appears chvirly I'roiri tlui IV.cIh : — 111 lh()(>, 111') HJiip " I'liilerpriHe," Iroiii N(nv York, arrived iil Kadiak. TIk! iiiiine (iT seven I rail iiii;- vessels on llio iiortli-wesl. e.oasl. ari! j^iveii in lliis ye;ir. In I HO], Miere \v(!r(! iit least, Uiirlcen IJnito'l States' vessels on the iiortli-west coast. 'J'lieso Niirth Americnn llfvi.'w, IH2.>, Arlirlr XVIII. Sro Appcnilix, vol. i, No. 3. Alaakn, |i. 380. Norl!i-wi'«t. ron»t, vol. i, |), 308. Ilml., p. :iio. RoWri (Jrm.l.mv y^^^^^,\f^ ..xcduiiiL'ed with the natives of the eoast l.ilir.irinn of IJiiili'il " Si.iIch" DijMrtiiK'iii I'or I'lirs parts ol' their . QQast in this year, the names of tei\ have been recorded. In 1803, BaranolT contemplated the abandon* Ililil,li. 117. Alunka, pp. 404 409. Nortli-wrat Coant, i ■ :W --■5 ^< 'mm?- :'■) • I '^B- ;; ^m 1 I 1 ;^ 80 mcnl ol' Unalaska, owing to disonst' and nou- airival ol' supplies, lie ordered that tht best incu should i)c moved to the PribvlrjlV Islands to coUei'f there tlie furs necitmuhited by Mio natives, 'i'hest' islands had not been visitoii for manv vears. * ft Captain O'Cain, of the Tnited Stales' v.'ssel "O'Cain," cxebanp-d iroods for Inrs with MaranolV at Silka, and also took Aleutian hunters to the Californian coast to hunt i'ur- seais and sea-otters. "Tims was inau;;;iirated a series of huntinj, |i|i. 177, 478 Nortli-wt'st l"<)iist, Tol. i.pp. 3ia-317. Ibid., ]i|i. 318,319. 1804. Ibid., |i. 32U. 1805. 1806. Ainaki, p. 4-16. Ibid., p. 451. Ibid., p. 434. Ibid., pp. 478, -t'O. 1807, Ibid,, p. 461. Ibid., pp. 479,480. 1808, 1809 -:t\ 81 1810. Al(«ki, p. 467. 1811. 1812. 1814. i8i:i. ISIO. 1817 Ibid., |). 470. North-wett Coait, *ol. i, p. a25. AUtka, p. 429. Ibid., p. 483. North-Will CoMI, vol. i, p. 326. Alaska, p. 478. Ib'.il., |i. 1^.0. Norib-wost Coait, vol. i, p. S29. Alaska, ji. 503. Ibid., pp. 50i, 503. Il.i.l. p. .^06. Ibid., p. jOI. Nortli-.vest Cnatt, vol. i, p. 33S. Ala^k.i p. 510. In 1810, tho Russian sloop-of-wnr "Diana" visited Sitka. There wore several United States' vessels in tho port at tho time. Sliortly after tho United States' vessels " Enterprise " and " O'Cain " arrived. TIio " Enterprise " went to Canton with furs. Golovnin, Commander of the " Diana," writes that at this time an American sailor and a Prussian skipper composed tlie Diplomatic Corps of the llussian-American Company. In 1810 und 1811, four foreign vessels wero engaged in sea-olter hunting, under Kussian contracts. In 1811, tho " Enterprise " returned from and went hack to China with furs. In this year the Ross Colony was founded in California to pro- vide agricultural products for uso on the north- west coast. Fivo vessels engaged in trading and hunting, hcsides tho four vessels under Russian contracts, were seen on tho coast of Southern Alaska in this year. In 1812, tho United States' ship "Reaver" disposed of her cargo to Baranoff at Sitka, and was then sent to the Pribyloff Islands for fur- seal skins as payment. Between 1805) and 1812, Baranoff made six additional hunting contracts with United States' vessels. He received a proportion of the skins, which were chiefly sea-otters. Between 1812 and 1814, there was scarcely any trade, owing to the at-" between England and the United States. In 1811, Captain Bennett (United S:ates) sold two vessels with their cargoes to BaranolF, and took fur-seal skins from the Pribyloff Islands in payment. Lozavef, sent by Russia, witli two ships, reached Sitka, but quarrelled with Baranoff and returned. In 1815, the Russian vessel " Isabel " reached Sitka with Dr. Sheffcr on board. In 1810, the Russian vessel " Rurik " (Captain Kotzebue) touched at St. Lawrence Island and explored Kotzebuo Sound, north of Lehring Strait. Two United States' vessels visited tho Russian Settlements this year. In 1817, Kotzebue, on an exploring expedition to tho North, only reached St. Lawrence Island. An expedition in two vessels under Hageraeister, sent by Russia, reached Sitka. [248] F .12 i El : 1 H 4 ^^ \\\ 1H18, llngomointor «upors(Mlo(l llnrnnolT, under insh'iii'lionN. |{iuiiH Si(ka. Hoiniol'ouil lutics mocling a Noiili-wi.t Cuiiit, llnitotl Statos' and a Hridsli (riiding-voHsol in '" • '• ''■ • ' Alaskan wmIim'n. in ISlSand IH'JI, rxjii'dilions \vi'r(< liispalclH'd l",mvilo|.n'lii oj- tlio Mndsli (JovcrnintMU ii\ s«'acn ol a noil n- ,..1. \ix, i> ;U'j. w«'8( iiassau;<' front (lie Atlantic to llio l'a«'illc. Those olTorts wcmv oontinnt'd. and in ISiJl. and IS2ri Parry, MoitIu'v, at\d l''rai\klin \vi>r(Moni- iiKMi'o throiigli Hohring Strait. In ISlt). the Unitod States' traders ttlilainod AUskn. |'. „:.« most of tho trado, harloring witii tlu> Kolosh rtro-arnis and rnni for skins. Thoy ohtainod nhoiit S.OOO skins a-yo!\r Tho lUissiaus oould not snooossfuUy oon>|ioto with thoni. Tho jirivilogos njrantod for twonty years to tho TJussian-.Vniorioan I'onipMny woro now altoni to expiro, and (lolovnin was inslruotod to iuquiro a8 to its operations. 1 1 is Report was not I'avour- ablo. lie writes : — • "Tlnvo thiiijrs aw wmUiii^. in tlic oiyiniizilioii of ilic Hii,i,, p .•,:i|. Coiu)>nu_v's colon ios : a oli-iiivr dolinilion of the (hitics iH'lonjiinsj to tlio vnvioiis ollioovs, n distinction of nmk, iinil ft ri'gular nnitonn, so tli.it foix'i^niMs visiting thoso imiis niny soo sonu'lhini: imlioiUins; tho ovislonoc of foils luiil trcKips boloiijjini; to ilu> Kussinn .si-cpno — .sonicthitig ivsombling -a xv'^wVax garrison. At )iri\soni llioy oan oonio to no ii'lior i'iMulusioi\ tlian that (hoso statior.-. aio hnl toiuporavy fortilioations oroetcd by Imntor;) as a dol'ouco a^.Hnsi srtviijros. " In 1S20, four trading-vossels aro known to have N,Mih-«, -i c.i;i»f, been operating on tho north-west coast. ^"' '' '^' "^"' Tho extent of Russian occupation at about tho \\mU. p. ft.'J. dato of tho expiry of the first Charter can bo shown by the Census taKeu in 1810, which states the number of Russians as follows : — IHIM I SI '.I l.iissiiin li'iTiti IS'.'O. fi' "^x . 3.) lot 1 ikliriiciiii'lT'ii riiin|il 'li' I'nlilp", iiii'liid m;^ iinlivo, »('!> A i|ii'iiili«, V..I , No, n M.'ii. Wiiiiinii. Silttii, III Ni'W AirlliliiKi'l .. lim 11 KiiiIimU mill nil jiiniii)' iiliimlii . , 7;) Nliiiiil III < ^ikiiinnk « • • • |^» Kiilniiii , , . , ■t SiilKliiiniiiliiii , , . , It Vn«liii Kii'imliy llinliiiiir 2 l''iiit ('iiiipiliiiiliiii' \l NiUllilll. (''ink lull 1 .. 11 Ali'^niiilriiV'li, ('""It Iiilnl .. 11 HiiBK Srllliinriil, ( 'ilifmniii •i1 Slid IhIiiihIi . . , , •a Nii«lrn!iiU jllin iiiilv Hcllli'iiii'iit nil till' runtiiMiil ii'iilli III lli(< Alt'iiliiiii lnlilli(l«| :\ •i 'I'.iliil •• !t7H l.'l .il.iiiilv "I' I' rnliiiiiil I'liiini'' m l.'Uii. Spp nUii Ailnmi In llifli. .Inly Ti, 1fly;i: Aim'tiiuti State I'liiiiMi, I'liri'luii Ifi'lnliiiiH. viil V, |). 'lid 1 mill (iIh.i ('iiiili- ili Ailaiii', Dpi'i'tnlii r XniiTirnii Slilc I'rti)' r", l'"iirt'ii{ii lliilniirim, vol V, p. ■I'l!». Sr<- A|iii' iiilix, vnl, ii, I'lirl II, NiH 1 mill 0. Tor li'«l 111' (? »ri> Aiiicriciin St»(« I'nprrs, vol. iv, |i. 405. \Vliil(< i| by t .IIkt imrty oti Ui« iinitli-wnBl noiwt of Aiiiprim, wn«lwar.judice iif liny I'liiiiii wliirli fitliiT of lim iwo lli{,'b Contracting I'arlit'H limy biivc to any piirlof llic said country, nor nhall it bo taken to iilli'ct llic dainiH of any other I'owfir or .Slate Ui any |mrl of tlin Haid counlry, the only object of the Higli ('iintractiiiK I'artii'H in lliat rcHpcct being to lirt'vent difi[ii!lcH and difffniiici'M nnionj^Hl tlioin.ii^ivns." m ii li'iritiiriiil claim in 1821. Anicrirnii Stttto I'niHT^, I'lnclffn llclnlidiii, vol. V, |i. 43G. Sro App'.-liiilx, vol. ii, r.irt II, No. .3. Mr. Adams, Snerctary of Slate of the United yta,tcH, in a d(;Hp8. TikhmcnictT, later. Obos. I, citori in note tu Alaska, p. 532. See also AUika, p. 446 ; Hezanof's complaint in 1806. Text of Ukase of 1821. See Appendix, vol. i, No. 1. ST Chapter II. (i ,lv Hkad B.—The Ukase of 1821 , and the circum- stances connected therewith leadituj up to the Treaties of 182 land 1826. Sliortly before the date of the renewal of the Charter of the Russian-Ainorieau Company in 1821, the aspect of affairs had considerably changed. The Company had long before fully succeeded in getting rid of its Russian rivals, bitt trading- vessels front England aud from the United States frequented the coasts iu increasing numbers, and everywhere competed with the Company. Goods were brought by these vessels at prices which the Company could not successfully meet, and furs were taken by them direct to Chinese sea-ports, while the Company, as a rule, had still to depend on the overland route from Okhotsk to Kiakhta on the Amoor. Domestic competition had in fact ceased, and the most serious drawback to the success of the Company consisted in the competition from abroad. . ..;. The [difficulties resulting to the Company on account of foreign competitiou appear pro- minently in the complaints made by its agents at this time, and the new claim of tlie right to exclude foreigners from trade is embodied in the Ukase oi' 1821. The following is the translation of the Ukase which was issued by the Emperor Alexander in 1821 : — "Edict of His Imperial Majesty, Antorrnt of All the " liKSsias. " The Directing Senate maketh known to all men : Whereas, in an Edict of His Imperial Majesty, issued to the Directing Senate on the 4th day of September [1821], and signed by His Imperial Majesty's own Imnd, it is thus expressed : — '"Observing from Reports submit). > J lo us that the trade of our subjects, on tho Aleutian Islands and on the north-west coast of America appertaining unto Russia is subjected, because of secret and illicit traffic, to oppression and impediments, and finding that the principal cause of these difficulties is the want of Rules establishing the boundaries for navigation along these coasts, and the order of naval communication, as well in these place.s as on the t il ■H rn tt» ff^p ^^B .^^nl np^R w ( ) ^B'Bi'f > ■II-' ' BsB ' ' '' in ^ III IBB ;.|HB 1 '.;] !> ^m HSi ■^M ^B li v^^H' ;i 11 11 f ^^^H i"i V^^H[ l; ■ '\ 1 ^ ) S' ^;Vi yHp; !; ! u ' '■ ^Hv ' ' 1 ^ >' 11 ^■1 Mm ■ U '. ^■1 IB » - - '' '\: n f; l''||ff B;.;j|ii i ^ ^ '3 ' ^W'^''ll '-I W ' ' '^' ' Hf '''^' f r i ^^81 : ;;, ; ; | iW |l 1 ^^ Hi . Im' -, ^^Hr ^' ' i S ' ■^H ' i' b H ^'' I'lffl ' ' '^ 1 L^ ill. ' 'I S 1- |jH|u 1 ; ln|l : »H&\ ' n^^^^l '' ^Hiiff ^^^K ^B J "^^^^^^^K ^1 SIS^^I H 88 li I whole of the eastern coast of Siberia and tlie Kurilo Islands, we have dueiiicd it necessary to dctormino these commuuicatioiis by spccilic Kegulations, which are heretj attached. " ' In forwarding those JJogulotions to the L)ireotin({ Senate, we command tliat the same bo puMishcd for universal infurniatlDii, and llmt tiu> proper measures bo taken to carry thoni into uxucutiun. (Countersigned) "'Count I). Ouiiieff, " ' Minister of Financa. " ' It is thereforu decreed by the Directing Senate that His Imperial Majesty's Edict be published for the infor- mation of all men, and that the same be obeyed by all whom it may concern.' (LS.) Ukaae of 1821. L'lit illicit traflic. '!| J [The originil is lijincd by the Directing Senate. On the nriginil ii written in llie handwriting of Hit Imperial .Majesty, thut :] Be it accordirij;)}', Alexandir. " EuUii established fur the Limits of Navigation and Ordvr of Communication along the Coast of the Eastern Siberia, the Korth-west coast of America, and the Aleutian, Kurile, atid other Islamln. " 'Section 1. The pursuits of commerce, whaling, and gee Appendix, fishery, and of all other industry, on all islands, ports, and ^"^ '. No. i. gulfs, including the whole of the north-west coast of America, beginning from Behring Straits to the 51st of northern Intiludc ; also from the Aleutian Islands to the eastern coubt of Siberia, as well as along the Kurile Islands, from I'.eliriug Straits to the south capo of the Island of Uri;]), viz., to the 45° 50' northern latitude, is exclusively granted to Kussian subjects. " ' Section 2. It is therefore prohibited to all foreign vessels not only to land on the coasts and islands belonging to Russia, as .stated above, but also to approach them within less than lUO Italian miles. The tntnbgressor's vessel is subject to confiscation, along v.ith tlic. whole cargo.' " Til extcii'l territorial jurisdictioi By this Ukase Russia first attempted to assort, as against other nations, exclusive jurisdiction of rights over tiie shores of America and Asia bounding tlie Pacific Ocean, certain Islands therein, and over a portion of the Pacific Ocean including what is now known as Behring Sea. The purpose of the Ukase so far as the attempted exclusion of foreigners from 100 miles First assertion of cxcluRivo jurisdictioi Purpose of Ukase of 1821. I'iiron Kicui fill' tlicir (il'jccl iKit Hilly n rriuululi'iit rnnniicrci! ill I'lirs 1111(1 (itlicr nitii'k'.s wliiiii iiru rxi'luHivuly ivsorved tu tiiu HuHNiaii-Aiiicrican (.'oiiipany, but it n)iiiunrH that tlioy often liolniy ii ImHtilit tcnilciioy. " It WHS," III! iiiiitiiiiiUH, " tiic'ii.'fciiu iii't'c'ssiiry to tuke Hrvcri' iiii'iiNiircs niJoiiiHt tliu^u iiitri},'iii>H, and to {irotoct the Coniliniiy n^'iiinst tlie coiisiiK'nililu injury timt icsiiUed, mill it icas villi lhi\l md in view tlmt Die imiK'-xcil Hogiilu- tion hns Ihjcii imblislicil." And ngain — "The tJovcrmiifnt, however, liniiteil itself, ns con be seen by the newly-imbliHlioil l!e<^iilotion, to tbrliiiUling all foreign vessels not only to liiinl on the Settlements of the Amcricnn Coni]iiuiy iiiul on the )ieniiiNulii of Knnitulmtkh and the coasts of the Okhotsk Sea, but also to sail along the const of these jiossessions, and, as a ndo, to approach them within 100 Italian miles." r The justiflcfttion for the Ukase and the llcgu- lations made thereunder, is stated on the face of the Ukase in the Avords : — " And (i nding that the principal cause of these diHicultieH [i.e., im])e(limeiits caused by 'secret and illicit trnfic '] is want of Kules establiihingthe boundaries for navigation along these coasts, • • • *." In T ' oxtiii'l territorial jurisdiction. S«e Appendix, vol. I, No. V. That the object of the Ukase was to extend territorial jurisdiction over the north-Avest coast and islands and to prohibit the trade of foreigners, rather than to protect any existing or prospective fishery is further indicated by No. 70 of the Regulations of the llussian-Amcrican Company, This llcgulation reads : — " 70. A ship of war, after visiting, not only the Com- pany's Settlements, but also, and mo;o particularly, the channels which foreign nierchaut-vessels are likely to frequent for tht j'urpose of illicit trading with the natives, will return to winter wherever the Government orders it." Poletica to Adams, February 28, 1822. See Appendix, vol. ii, i'art II, No. 1. The motive and purpose of this Ukase is further explained by the letter of M. de Poletica, Russian Minister at Washington, dated the 28th February, 1822. That Russia's aim was to acquire a vast North American Territory appears by the construction put by M. de Poletica on the Ukase of the Emperor Paul in 1799, as conveying to the Russian-American Company the grant of a terri- [248] G n |i !i m II 40 torinl concession down to the 55th degree of latitude, and by its justification of its furtlicr extension to tlio 5l8t degree on the American coast. He proceeds io defend the policy of exclusion contained in the Ukase of 1S21 by exi)laining that, as llnssian jjossessions extend from JJehring Strait to the 5 1st degree north latitude on the north-west coast of America, and on the opposite coast of Asia and the islands adjacent, to the tSth degree, the sea within those limits (viz., that part of the Pacific Ocean) wjis a close sea, over which Russia might exercise exclusive jurisdiction ; but he goes on to say that Russia preferred asserting only her essential right without " taking any advantage of lociilities," and on these grounds the limit of 100 Italian miles is justified. The measure ho declares to be directed : — " Ajjnin.st tlio culpaMu eutoii>i'isos of iVneigu lulvoiiturers, wlio, not c'oiiteiil with t'xoirisiiii; uimiu tlio coasts above iiu>iitioiU'(."i liic two iiiiiin luiiioiiiluH of cliiiiii liii.i (lipwii tlii'.'"iii, viz., nil c.irlufiiiv soiririi/n/i/ allo),'iMl til IhIchil; to HiiHsiii ovov tlio turritoiiii.s tlii'iuiii (k'si'ril)i'tl,ii.s iilsi) t lit; cirriniir vvildof luwiijatiny kiiiI /radiiif) iri/hiii till' iiiiu'ilimc limits Ihfirlii set J'orlli, lli.s Hritaniiii; Miijiisly iini.st lu; iiiiilci'.stooil as I'lirhi/ resrm'iuj nil hii i-ijihix, not lii'iiii; pri'iiarctl Id adiiiit tiiat llic iiitoiroiirst! wliii'li i.s aliiiwcil oil till' I'lu'u of tlii.s iii.sliiiimMil to have hithei'to .siihsisti'il mi lliosc coasts ami in llio.si', Boa.s can 111- (Ici'iiii'il to lie illii'it, or tlwt !lir s/iiji^ of frinidly I'vwcrs, evi'ii .siipiio.sing an nniinalilicd siivoieiKiily wn.s proved to appertain to the Imperial Crown in these vast and very iiiiiiorl'i'ctly ocmiiiiud tenitorie.i, aiithl, hi/ thc ackiiovlciliji'd lino of :inlioii.-i he exdiidi-il from nitviijatiii'j williin till- diKtmiir of 100 Italian milrs, a.-i thftrin laid down from llir const, the exclusive doniiiiion of wliieii is assmneil (hut as His Majesty's (ioveriiiiieiil conceive in error) to helung to ][is Imperial Majesty the Kmperor of All the Hussias." *,■ Ihid., vul. ii, Part I, No 14 .■M'ainli'miiriii of claim toixtru- I'liliiiMiv 'Uiisdiclioii. lrili>li ' ;ovenin;;:'. The Duko of Wellino'ton liaving been iippointed Dritisli I'lonipotcntiary at tlio Congress of Vorona, Mr. G. Canning, tinnr Secretary of State for Foreign Affairs, adch'ossed to him, on tiie 27th Scptemlier, 1822, a di^spatch in which he dealt with the chiini in the Ukase for the extension of territorial rights over adjacent s^eas to the distance — " nnprecedcnted distance," he terms it — of 100 miles from the coast, and of closing "a hitherto unobstructed passage." In this despatch Mr. Canning says : — " I have, indeed, the satisfaction to helieve, from a con- ference which 1 liavt.' had witli Count l.ieven on this matter, that upon these two points, — the attempt to .shut up the passage altogether, and the claim of exrlusive dominion to so enormous a distance from the coast, — the Iliissian Government are prepared eiiliicly to waive iheir iiretensioiis. The only elloit that has lieeii made to justify the latter claim was liy ii-fcrciice (u an Article in the Treaty of Vlrecht, which assigns HO leagues fioiii the coast as tlu^ distance of piohiliitioii. I'ut In lliis argumeiil it is .siiflicient to answer, that the assiimiitiou of such a space was, in the iiislance (luoted, tiy stipulation in a Treaty, aim one to which, thereloic, the party to he aflVcted by it had (whether wisely or iml) given its deliberate consent. No inference could he drawn from that trans- action in favc/ur of a claim by autliovity against all the world. " I have little doubt, therefore, but thai tlie public noti- lication of the claim to consider the portions of the ocean included between the adjoiniiii> coasts of Ameii ;ii and the [218] " G 2 J i 11 ) ') ill ■: t. 1 :f I 48 Kussiaii Empire ns a mare claiisiim, aiul to cxtoiul ihi' exclusive territorial juri.silictioii of Itiissia to 100 Italian miles from tlir coast, will bo inibliely rcoalleil, ami I have tlio King's commanus to instruct your (.Ivaco further to require of the Russian Minister (on tlio ;j;rouncl of tlie facts ami reasoniugs furnisheil in their [-fiV] ilespatch and its inclosiires) that such a portion of territory alone i^hall be ilelineil as l.elongiiij^ to Kussia as shall not interfere witli the rights and actual possessions of His Majesty's subjects in North America." On the 17th Octohcr in tho sarao year, the Diike of "Wellington, at Verona, addressed to Count Nesselrode, the Russian Plenipotentiary at tlie Congress, a Confidential Itemorandum con- taining the following words : — " Objecting, as we di>, to this claim of cxi'lusivc Confidcntinl Memo- sovereignty on the pirt of Itnssia, I might save myself the riinduin iacloted in . 1, r'l- • ,1 ,-1 \ r ■, ■ letter of Duke of troujle of discussing the particular mode of ila exercise as Wpiii„utoii lo set forth in this Ukase, hut wo object to tho mode in which (J. Canning, the sovereignty is proposed to be exercised under this November v!8, . , 1822. Ukase, not less than we do to the claim of it. IVc cannot g^^ Appendix, admit the right of any Power possissintf the sovereignly of a vol. ii. Part I, country to exclude the refills of others from the seas on its ' " coasts to the distance of 100 Italian tniles." In reply, Count Nesselrodc conimunicated to tho Duke of Wellington a " Confidential Ibid. Memorandum " dated the 11th (23rd) Novemhcr, 1822, which contains the following passages : — "The Cabinet of IJussia has taken into mature con- sideration the Confidential Memorandum forwarded to them by the Duke of Wellington on thd 17th October last, relative to the ineasurcs adopted by His Majesty the Emperor, under dat of the 4th (10th) Septainber, 1.S21, for defining the extent of the Ivussiaii possessions on the north-west coast of America, and for forbidding foreign vessels to approach his possessions witliiu a distance of 10(> Italian miles. " .... It was on the contrary, because she regarded these rights of so-ereigntj' as legitimate, and because imperious considerations involving the very existence of the commerce which she carries on in the regions of the north-west coast of America compelled her to establish a system of precautions which b"cnnie indispensable that she caused the Uk^se of the -Ith (lOth) .September, 1821, to be issued. " . . . . Conseiiuentiy, the Emperor has charged his Cabinet to declare to the Duke of AVellington (.such declaration not to prejudice his rights in any way if it bo not accepted) that he is leady to fix, by means of friendly negotiatior., and on the basis of mutual accommodation, the degrees of latitude and longitude which the two I'owero shall regard as the utmost limit of their p 'ssest' tij and of I heir estalilishments on the north-west cos.* of America. (.'orrcspondcnce between (,.ri;;it jintv and Eu.ssia :i C'ortespoiul'iiH^'' . iUiJ Kussia. lotween Great Britain See Appendix, vol. ii, Part I, No. 15. See Appeudii, vol ii, Part I, No. 31, American State Papen, Fornign Relation!, roi, v, p. 448. Bee Appendix, vol. ii. Part I, No. 29. 48 " His Imporiiil Xliijosty is pleaseil to believe that tliis nes-'otiation can lie couiplfteil without ilillieuUy to tiie mutual .satisfaction of the two States; and the Cabinet of lliLssia can fmni ihis nioniont as.suie the Duke of AVelliuj^ton that tlie measures of iirecaaliou ami super- vision whicli will then be taken on the Russian part of thu coast of America will be entirely in conformity with the rights deriveil from sovereignty, ami with the established customs of nations, and that there will be no possiljility of legitimate cause of complaint against them." Again, on the 28th November, 1822, the Duke of Wellington addressed a note to Count Lieven, containing the following words : — " The .second ground on which we object to the Ukase is that His Imperial JIajesty thereby excludes from a certain considerable extent of the open sea vessels of other nations. AVe contend that the assumption of tliis power is contrary to the law of nations, and we cannot found a negotiation upon a paper in which it is again broadly asserted. We contend that no I'ower whatever Ciin exclude another from the use of the open sea. A I'ower can exclude itself from the navigation of a certain coast, sea, &c., by its own act or engagement, but it cannot by right be excluded by another. This we consider as the law of nations, and we cannot negotiate upon a paper in which a right is asserted inconsistent with this p'-iuciple." At an early date in the course of the negotia- tions with the United States and with Great Britain the exeoution of the Ukase beyond the territorial limit of 3 miles was suspended. Indeed, as far as the waters of Behring Sea are concerned, it may safely be said that it was never put into practical execution beyond this limit. The note from Count Nosselrode to Mr. Middleton on the subject was dated the 1st August, 1822, and is thus alluded to by Mr. Middleton in a despatch to Mr. Adams of the 10th September, 1823:— "Upon Sir Charles [Dagot] expressing his wish to be informed respecting the actual state of the north-west question between the United States and Russia, so far as it might bo known to me, 1 saw no objection to making a eonjitlential communication to him of the note of Count Nesselrode, dated the 1st August, 1822, by which, in fact, staying the exeoution of the Ukase above mentioned, Itussia has virtually abandoned the pretensions therein advanced. The communication to the British Government on the same subject was mode in August 1823 in i ' !» 'M the shape of an extract from a despatch fi'orn Count ?fcsselrode to Count Lievcn, dated the 2Gth June, 1823. The following passage in it shows how coin])lcto was the abandonment of the unusual clnini of maritime jurisdiction : — " ihat tlie Coiunmmlers of our ships of war imisl confiuu ihi'ir siiivt>illiiiice as iioaily as j)ossil)li^ to the mninlaml, ir., ovor an extent of sea within range of cnunon-siiot from the shove ; mat they must not extend tliat surveiHance boyonil the sphere wliere the American Comimny has ellectually exercised its rigiits of hunting and fishing since the date of its ci^'Ution, ns well as since the renewal of its privik'ges in 1700, and tliat, as to the islands on wliich are to be found cohinies or settlements of the Company, they are all indistinctively comprised in this geneml rule. " . . . . Your Excellency will observe that these new instnicti' . ■- -wh'ch, os a matter of fact, are to suspend provisioiiit cffoct of the Imperial Ukase of the 4th Septcni.. S2i — were sent from St. I'etcrsburyh only in August of last, year." Mr. Lyall, Chairman of the Ship-owners' See Appendix, Society, of London, Avroto on the 19th November, Noi.33 34 and 35. 1823, to Mr. G. Canning, asking whether official advices had been received from St. Petcrhurg that the Ukase of 1821 had been annulled. Mr. Canning having privately submitted his proposed reply to Count Jiieven for his comments, caused the following letter to bn sent, which had received Coimt Licven's approval : — "I am directed by Mr. Secretary Canning to acknow- Lord F. Conyog- ledgo til'; U'ceii)t of your letter of the 19th instant, liam to Mr. Lyall, expressing a hojie tliat the I'kase of September 1821 had 1923. been annulled. See Appendix, "Mr. Canning cannot authorize me to state to you in v^o'oA ilistiiiet terms that the Ukase has been '(iiiiiiilkd,' because the negotiation to which it gave rise is still pending, f mbracing, ns it does, many jioints of great intricacy a.s Well as imjiortance. " But I am directed by Mr. Canning to accjuaint you tliat orders have been sent out by the Court of St.J^l'eters- lairg to their Naval Commanders calculated to prevent .nny collision between Russian ships and those of other nations, and, in effect, suspending the Ukase of September 1821." lUorresponde'iee lietwim 1 iii ,it j;|«| and Itussiu. "' Abandonment of chiiiii ;,., ordinary juiisdinini.. ■\ii.. On the 15th January, 1824, Mr. G. Canning t>o[. Aiipemlii, ii, I ■ 37. wrote to Sir C. Bagot, the British Ambassador at I|,°' "' '"'^ ' St. Petersburg: — " The questions at issue between Great Britain and Russia are short and simple. The Russian Ukase (ontaius two objectionable pretensions: First, an extra- vagant assumption of maritime supremacy ; secondly, an unwarranted claim of territorial dominions. 45 ,.„.ro .Vmericnn coasts of each Power may (if it is thought nccessiiry) be oxteiuled in terms to the coastii of tlu^ Itussiau Asiatic territory ; but in some way or other, if not in the form now prescribed, the i'ree navigation of Pehring Straits and of the seas beyond them nmst bo secured to us." Mr. George Canning in a despatch to Mr. Stratford Cainiing, who had ])eon appointed British Vleiiipotentiary i'or the negotiation of a Convention at St. i*eter,sburg, under (hvte the 8th Doeembcr, 1824, after giving a summary of the negotiations up to that date, goes on to say : — d6 l-i " li is luiiJi'iivativfly iiiililti'it'iil tn us wliullior we Imstoii or i>o8tpoue all questions reapoctiuj,' tho limits of territorinl jiossossioii im tlio coiitiiiiMit of Auiuriou, but tho preteu- sioiis (it tho liussiau I'kns. of ISL'l to exclusive dominion over the raeilic cuuld not continue longer unrejiealeil without cnnii'ellin"' us to take some nu'asuvo of public ami etlectual reiiionstrauce against it. " You will thereforo take care, in the first insUiuce, to rejuess any atteniiit to give this change to the character iif the negotiation, anil will declare without reserve that the ])oint to which alone the solicitude of the HritisU Government and the jealousy of the British nation attach nnj- great imiuutance is (he doing away (in a manner as little disngrceable to Kussiu as iwssible) of tho effect of tho Ukase of 1821. "That thi.-) I'kase is not acted uiMin, and that instruc- tions have been long ago sent by the llussian Government to their cruizers in the raeilic to suspend the execution of its provisions, is true ; but a private disavowal of a published claim is no security against the revival of that claim. The suspension of tho execution of a principle may be perfectly compatible with the continued ninin- tenance of the ]irinciple itself, and when wo have seen in the coui'se of this negotiation that the Ihissian claim to the possession of the coast of Amoricn down to latitude 59° [,<('('] rests in fact on no other ground than the presumed acquiescence of the nations of Europe in the provisions of an Uknse jiublishcd by the Kmperor I'aul in the year 1799, against which it is allirmed that no public remon- strance was made, it becomes us to be exceedingly careful that we do not, by a rimilar neglect, on the present occasion allow a similar presumjition to be raised as to aii acquieseen ) in the I'kase of 1821. " The right of the subjects of His Majesty to navigate freely in the I'acific cannot be held as a matter of indul- gence from any I'ower. Having once been publicly questioned, it must be publicly ackiunvledged. " We do not desire that any distinct reference should be made to the I'kase of 1821 ; luit we do feel it neces.sary that the statement of our right phould be clear and posi- tive, and that it should stand forth in the Convention in the place which properly belongs to it, as a plain and sub- stontive stipulation, and not be brought in as an incidental consequence concluded between Hussia and the ITiiitcd States of America ; and we see no reason why upon similar claims we should not (ibtain exactly the like satisfaction. ■' For reasons of the same nature wo cannot consent that the liberty of navigation through Rering Straits should be stated in the Treaty as a Imou from liussia. " The tendency of such a statement would be to give countenance to those claims of exclusive jurisdiction against which we, on our own behalf, and on that of tho whole civilized world, protest. (.'orrespondence between ( iriatBntan and Ifussiii. Abandonment of claiiu to cxiia- ordinary jurii-iditiimi. .■„mNi.oii.lonfebclwwn (JivmI ltiit;uii iiiul Kiissiii • oriliiiiiry jurisilii'tioii. Illii' Tienty (Great Britain an d li 1 1 i ' Fobrimiy 28, 18251 I'rotest of United States against Ukase of 1821. 50th CoDj^., 2nd Seas., Sen. Ex. Doc. No. 106, p. •-'04. Ibid., p. 906. " It will uf lomsf striki' ilic liiissiiin l'lriii|i(i|i'iitiiiiii'a tliiil, by ilif ii(l(i|iiiciii (if till' .\iiicri(im .Vriiilc i('s]icctinj; llllviL;.:iiuli, \i'., llic liln\ isiiiii I'lii- iill 'ArliisiM' lisliciy (if 1! l(';i;,'ll( s fidiii lIlc ccmsls (iT niiv i('.s|ii'cli\c |ioss('ssiiiiiH falls til till' j,'iiiiuiil. " Hut the iiniissiiiu is, in troth, inniuilcriul. ■ The law (if uatinns assij^ns the exclusive soveniignty of 1 league to each L'ower on its (iwn cmists, without any specific Hlijiulation, and tluuigli Sir t'harles liajiot was nuthovi/cd to sis,'!! the (.'unveiitidn with the specilie stipu- hition (if 2 Icajjues, in ignorance of what iiad heen decided in tho American Convention at the lime, yet, after that Convention has been soiue months before the world, and after the opportunity of consideration has been forced upon us by the act of Hussia hereelf, we cannot now consent, in negotiating df iioro, to u stipulation which, while it is absolutely unimportant to any practical good, would appear to establish a contrast between the United States and us to our disadvantage." Those nC{jotin1i(jns resulted in n Convention witli Great Britain, signed on tlio 28tli February, 1825, hereinafter referred to. Protest of the United States. On tho 30th January (lltli February), 1822, M. Pierre de Poletica, tho Envoy Extraordinarj' and Minister Plenipotentiary of tho Russian Emperor, transmitted tbo Ukaso to Mr. Ailams, Secretary of State for the United States. On the 25th February, 1822, Mr. Adams wrote to M. Poletica : — " Department of State, II ashington, "Sir, February 25, 1822. " I have the honour of receiving your note of the 11th instant, inclosing a printed copy of the Kegulations adopted by the Russian-American Company, and sanc- tioned by His Imperial Majesty, relating to the commerce of foreigners in the waters bordering on the e.stalilishments of that Company upon the north-west coast of America. "1 am directed by the I'resident of the United Slutes to inform you that he has seen with surprise, in this Kdict, the ascsertion of a territoriid elium on the pari of Kussia, e.xlending to the 51sl degree of north '"*'tude on this continent, and a I{egulati(m interdicting to all commercial vessels other than liussian, ujion the penalty of seizure and confiscation, the approach upon the high seas within 100 Italian miles of the shores to which that claim is made to apply. The relations of the United yt4ites with His Imperial Majesty have always been of the most friendly chamcter ; and it is the earnest desire of this Government to presen'e them in that state. It was expected, before any Act which should define the boundary [248] H f {>t H -.A H K^ Si ill' 1 1 i:\ I ii': r 1 ur 1/ r i ■ i 48 betwcpn the tcrritorioR of tlw United States niul Eussia on this continont, tlint tlio samu wouM have been iirranijeil by Ai'cntj' lietween the )mities. To exclude the vessels of our citizens from tlie shore, beyond the onlinnry distiince to whieh the territorial jurisdietion extends, has exrited still greater surprise. "This Qrdinanee affects so deeply the risilUs of the. United States and of their citizens, that I am instructed to inquire whether yon am aiitlmrized to ^ive explanations of the prounds of right, upon principles generally recognized by the laws ond usages of nations, which can warrant the claims and Regulations contained in it. " I avail, &e. (Signed) ".Toiix Quixcv Adams." It will 1)0 oljsovvofl tliat 1)()tli tli<< UKaso ami tlic protest ni)i)ly fo Ch^ watovs from Uphi'iuir Strait southward as far ns tlio Hist (l:>!jro(' oi" latitude on the coast of America. On the 2Sth of the saino month the llus.>■ '■'?• }^'^^' *■_ ' 1 ■ AiiipricTii bt.itc explaining the motive which determined the Pappr.», l-omofn Imperial Government in framin;^ the Ukase. pp s'fTl'-sna "^' He wrote : — Sop Appcn.lix, vol. ii, Part II, "I shall be more su(( inct, Sir, in the PX]iosition of the •^° '■ motives which dcterniinod the Imju^rial (.iovernment to prohibit foreign vessels frum a])])roacliing tlie unrth-wesl coast of America belonging to liussia within the distance of at lea.st 100 Italian miles. This mea.suve, however severe it may at first i .'pear, is, after all, but a measure of ])reveulion. It is exclusively directed against the culpable enterprises df foreign adventurer.s, who, not content with exercising ujion the coasts abuve mentioned an illicit trade very prejudicial to the rights reserved entirely to the Kussian-Americun Company, take ujion them besides to furnish orms and ammunition to the nativcH in the llussian possessions in America, exciting them likewise ia every manner to resist and revolt against the authorities there established. "The American t iovernment doubtless recollects that the irregular conduct of these adventurers, the majority of whom was composed of American citizens, has been the object of the most pressing remonstrances on the part of Russia to the Federal Government from tho time that Diplomatic Missions were organized between tho countries. These remonstrances, repeated at dilferent times, remain constantly without effect, and the inconveniences to which they ought to liring a remedy continue to increose " T ought, in the last place, to rcipu'st you to consider, Sir, that the llussian possi>ssions in the Pacilic Ocean extend, on tho north-west coast of America, from liehring Sti'i.^t to tho 51st degree oi north latitude, and on the opposite side of Asia and the islands adjacent, from the Trotest of United States acaiait Ukase of 1821. liussian Defence of I'kasf. Ukase based on doctriiic o( mare clausun). t CorivspoudeiKU l)Ctweei'. Uuitod States 50th Cong., Slid Sesii., Siiiatc Ej. Uoc. No. 106, p. 'J07. SeR ApiKMidix, vol. ii, I'lirl H, No -2. 4 "J MiiiiR'.sU'rtii, lo llii^ -t.)lli ilcj^ri'c. 'I'lic i-xloul ol' sou iil wliidi tlioso posnL'.ssions I'dnii tlio liiiiit.s t'ipiii])ii'lientl.s all tlie coiulitioiis wliicli iiro tiriliimrily iitluclii'd to ihut hms (" iiu'i'M I'criiK'cs "). iiml llic liii.ssimi Guvuiiiim^ut laiyht I'onHLMHii'iuly Jiuli;c itsell' iuitlimizi'il to oxfii'isi' upon this >*M llic ri:^lu of -„ui'r(.'i,i,'nly, iiinl I'^in'fially tliiU of cutiroly iiilciilifLiiij; llif futiMu.o ol' roiiMj,'iieis. Hut it profLU'rcd only asscrtiiif,' its esseiitiiiL i'iglit.s, without taking any advautago of loLMlitii.'s." To this Mr. Adams replied (30th March, 1822). He said : — " This protcusioii i.s to be considered not only with leroieui'u to tiio (lui'stiou of torritoriiil right, but al.io lo that jnohibition to the vessels of other nations, including those of the United Slates, to approach within 100 Italian miles of tlie co.hI ;. Troui liio period of liie existence of the United Stair-;, as an iudejJL'udent nation, their vessels have freely navij^Mled those .seas, and the right to navigate them is a part of liiat independence. "With regard to the suggestion tiiat the Russian tiovernnient ini;.;lit liave juslilied the e.\erciso of sove- reignly over the i'aeilic tVean as a close .sea, because it claims territory both on its American and Asiatic .shores, it may sullice to say tluit llic distance from .shore to shore on this .sea, in latitude ."il^ north, is not less than 90'^ of longitude, or 4,000 miles." The llussian Representative replied to this note on the 2iid April following, and in the course of his letter he said : — M. de Polclica to fiOtli Coiiir., 2nd Scss., Senate Ex Doc. No. 106, p. 2t8. '■ In the same mamicr tnu great extent of the Pacific Mr. J. Q. Adania, Oawn at the 51st degree of latitude can not invalidate the April 2, 1822. ■ w , • , ,, , ,• • i ■ .i . , f fiOtli Cons 2nd I'ght which luissia may have ol considenng tliat part ol the ocean a.s close. Hut as tlie Imperial Government has not thought fit to take advantage of that right, all further di.scussion on this subject would be idle. " As to the right claimed for tlie citizens of the United Stales of trading witli the natives of the country of tho north-west coast of America, without the limits of the jurisdiction belonging to Ilussia, the Imperial Government will not certainly think of limiting it, and still less of attacking it there. lUit I cannot dissemble, Sir, that tliis .suiio trade beyond the filst degree will meet with ililliculties and inconveniences, for which the American owners will only have to accuse their own imprudence after the publicity winch has been given to the measures taken by the Imperial Government for nuiintainiug tho riglits of the Kussian-Ameiican Company in tlicir absolute integrity. " I shall not fniisli this letter without repeating to you. Sir, tlio very positive assurance which I have already had the honour once of expressing to you that in every case where the America^ Government shall judge it necessary to make explauatic us to that of tho Emperor, '. he Freaident [248] H a it! !■; mm m ■ 1, I I h 50 of tliu rniti'il Stiitcs iiiny wsi u^siiicil tli;a ilicsn I'xiplim.i- tions will always be iittuiuled toby tlio Kiiiporor, my niiK>"»t Sovereign, witli the most friendly, iiiul, consequently, the rao8t conciliatory, dispositions." On tlic 22n(l July, 1823, Mr. Adams wrote to Mr. Middloton, the United States' Minister at St. Petersburg, as follows : — " From tlio tcnour of the Uknse, the pretensions of the 80th Con^., Snd Imperial Government extend to an exclusive territorial j)""in^"'iofl "' jurisdiction from cho 45th dof»reo of north lutitude, on the p. 310, Asinti: coast, to the latitude of 51 north on the wesU-rn Sep Appendix, coast of the American Continent ; and they assume tiic jj^ 3_ right i{ interdicting the navigation and the fishery of all other '.lations to the extent of 100 miles from the whole of that coast. " The United States can admit no part of these'claims. Their right of navigation and of fishing is perfect, and has lieen in constant exercise from the earliest times, after the I'eace of 1783, throughout the whole extent of the .Southern Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions, which, so far as Russian lights arc concerned, are confined to certain islands north of the Hoth 'legrec of latitude, and have no existence on the Continent ot America, " The correspondence between M. Polctica and this Department contained no discussion of the principles or of the facts upon which he attempted the justification of the Imperial Ukase. This was purposely avoided on our i>art, under the expectation that the Imperial Government could no', fail, upon a review of the measure, to revoke it altogether. It did, however, excite much public animad- version in this country, as the Ukase itself had already done in England. I inclose herewith the North American Iteview for October 1822, No. 37, whicli contains an article (p. 370) written by a person fully master of the subject ; and for the view of it taken in England 1 refer you to the 52nd mimber of the Quarterly Review, the article upon Lieutenant Kotzebue's voyages. From the article in the North American Review it will be seen that the rights of discovery, of occupancy, and of uncon- tested pos.session, alleged by M. Poletica, are all without foundation in fact." Mr. Middletou, writing to the Secretary of State of the United States, on the Ist December, 1823, inclosed a confidential memorial which thus dealt with the claim (which is properly regarded by him as an attempt to extend terri- torial jurisdiction upon the theory of a shut sea and having no other basis) : — " The extension of territorial rights to the distance of American State 100 inilej from the coasts upon two opposite contiueute, Rgfiftlonii "voW p. 488. Coirespondenoo betworn riiit(.ilsi,|„ and Hussin. ronf»P"i'denco bot weo.i Unite.! StntCM 8ci" Aiiwndix, vul. ii, I'urt II, No. 5. American Slate I'ai)ers, Foreign Iteliitions, vol. t, pp. 465, 4C6. 61 ami llii^ |iriiliil>illi>ii nl' n|i|iviiiii'lilii^ hi llic .'Miiiir iIIhIiiiiuu Iroiii llicsc I'nnNtN, nr I'l'iiiu Uhihi' dl' nil tlic iiiU'i'M.'iiiii;j; i'ilnnilM.iin^ ininivatioiiH in llicluwul' ii . kmis, Mini iin'iiHUi'CH uii('\iiin|ili'il. Il iiimmI llnis lio iniiiuiiiiil lIuiL iIiIh [noliilii- liiiii, licnriii^' till' (mills uf coiiliHcatinii, iip|ilicM tn a long line 111 t'diists, with tin' intornii'diiiti! ifiiaiuls, Hitimtod in viist HwiM, wlievu tli(^ inn igiitiijii In siilijocl to iiinuiiii'mblo ami unknown ililllcultios, and wlievo the chief I'niploynii'iit, wliicli is tilt' whulo ti.slifry, cannot he compatibli! with u refjnktud and wuU-di'icrniiind couvsc. " Tliu right cannol bo ilunied of Hhiittiiig a port, a sea, or t!\Tii an cntiru touiitrv, against fcnvi^'ii coinnion'o in soniu iiai'licular cases. Hut the e.xcrciso of sucli a rif^lit, unle.ss ill the case of a colonial nystein already established, or for some other special object, wouM be e.Kpo.sed to an unfavourable interpretation, as beiiin contrary to the liberal spirit of iiiodern times, wherein we look lor the bonds of amity ami of reciprocal commerce aniong all iiiitioiis beiiiL; iimre elosel.' crmented. " lJnivei>al n.sa>,'e, which has obtained the Ibrct^ of law, lias established for all the coasts an accessory limit of a moderate distance, which is sullicient for the security of the country ami for the convenience of its inhabitants, but which lays no restmint upon the universal rights of nations, nor upon the freedom of commerce and e>f naviga- tion." (Vattel, Book I, Chapter 23, section 289.) At the fourth Conference (8th March, 1824) wliich preceded the signature of the Treaty of the 5th (17th) April, 1824, :Mr. Middleton, the United States' Representative, submitted to Count Nesselrode the following paper : — " (Translation.) " The dominion cannot be acquired but by a real occupation and possession, ami an intention (' animus ') to establish it is by no means sufficient. " Now, it is clear, according to the facts established, that neither Kussia nor any other European T'ower has the right of dominion u]ion the Continent of America between the fiOth and COth degrees of north latitude. "Still los.s has she the dMirJnion of the adjacent maritime territory, or of the if-a which washes these coasts, a dominion which is only accessory to the territorial dominion. " Thcreforo she has not the right of extdusiou or of admission on these coasts, nor in these seas, which are free seavS. " The right of navigating all the free seas belongs, by natural law, to every independent nation, and even con- stitnte.s an essential part of this independence. " The United States have exercised navigation in the seas, and commerce upon the coasts above mentioned, from the time of their independence ; and they have a perfect right to this navigation and to this commerce, and I 4 m t ihi'v mil only lie iUjiiucd ol It \'^ tlKi\ nwu ml m I'.n « CKiiviMition.' Coiii'i'iiIkiii lifiiiei'ii Ihf I'nilul Slalrs hikI liunsia. 'I'ho result ul' llnsr iici^oliaiitnis liir l-Vmli iixt ,. , , , . .| 1 i> II ' 1 •<'* A|i|>i'ncllx. any Imllior itrchMision o\\ \\w part of liiissia to v»l. ii, Purt III rc^tlricl. Ma\i^'atiiiM or lisliiiiyf in Hcliriiif? Sea, so No. i far as oili/ons ol' tlio I iiilcd Stat«>M worn f«)U. 'I'lii' 'I'lciitv (HiisKJii mill I III' I'l StnlVs), y\iMil 17, IHU4, I'crii ril. Till" Kiis^lisli vi'rsiiin ol' (lie t'ouvtntion is as ltliii> Itnok, follows ' Uiiili 'li Slalos AUTIi !,K I. 1 (I Mil),' " ll is iiyri'iMl lina ill imy |iiiil of llic (iwiil. Orcim, I'onimoiilv iiilii'il ilio I'iiiilic Oii'iiu, or Smilli Si'ii. tin- ii's|i(ili\(' I ill, Ills Ml Hulijccis III till' lii.i;li Ciiiitiiiiiiii'^' •ll nm roirttiiH'il. iidiri' in I' •'*'• A{i|ii'iiili>, vol. ill. NiuiniUiun of I'acilii; In lu^ in,, I' ■.liilll lir lli'llllci ill-ll iin\ i^iiiiiiii Ml' III I is! li 111;. HI' 111 I 111' |iii\M'r nl' ii" shall not he furineil liy the eitizens nf the United States, or under the authority nl' the said Si.ite.s, any Ksialilishiuenl upon tlie iimihwest eoasl, ol' .Vineriea. nor in any of the islnnda adjaoenl, lo the north of !'>i" 40' of north latitude; and that, in the same niiinner there shall he iiimo formed hy Kiissian siihjeits, or under the authority of l{iis.sia, .soiitli of the same jiarallel. •ARTICLE IV. "It is, lu'verthi'li'ss, understood that, iluriiii; a term of ten years, eoiintinj^ I'lom the signature of the jire.sent Convention, the ships of both Powers, or which belong to their citizens or subjects resiieetively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbours, and creeks upon tlio coast lucutioucd in the preceding Article, for the purpose of iisliiug and trading with the natives of the country. r.3 Tn-rttv of 1824. "AIITICM'', V "All M|iiiiiMiiiiM lii|Uiii'M, llri'iinin. ollii'i miii', |i(i\vili'c, mid IIIMIlilii>|lM 111' will' 111' I'Vl'IV kilnl IMC illwiiyM r\ic|ilc'il finlii |lii>4 Hiiliii' riiliiiiiriri' |ii'niiilli' I'lllicr Hi'iirrli nr ilflcii- tioli ol' I' I' vi'sncIh, Hi'i/.iitr' III' llii' iiii'iiliMiiilizt', fir, in tiiii', liny iiii'iiM;,-rn nf ciiiiHlniiiil wliiid'vrr tnwanlM tin' nii-r- I'liniitM or till' rii'WM who nmy nniy nii tliii iipiiinirn r ; till' llii;li CiMiliiirliM;; I'iiwith ii rl|iriHiilly irHrrviiij^ to tlit'liiMi'lvi'M Id ili'li'i'iiiiiir ii|iiiii llii' |ii'iiiillii'^ In Im' Jm-Mni'il, mill til inllict tin' ]iiiiil''liiiii'iiN in inm' nl' iIh' iiiiitiii- vciilioii III' ilii.s Arli'lr, liy Ilii'ir ri's|M'iilvi' lili/niH or Hiiliji'd". " AltTK'M', VI "Wlii'ii IIm'm ('iiiiviMiliiiii ulinll liiivi' lii'i'ii ilnly nitiliiil liV till' I'l'i'MJili'iit of till' I'liiliil Sliili'.;, \\ illi lln- inlvici' mill riiM>ji'iii iif llii' Si'iiiilr I'M II Ill' jiiiit.Minl mi tlii' oilier, liy His IMiiji'Hiy tlir l'',iii|i('riii' nl' nil tlic lliiHMiiiH, lliii riilificHtionH nuil |ii> cxi'IiiuikoiI iit WiiMliini^Inn in liio H|m('ll of ti'li IllDlitliH from tlic illlle licluw, nr snniiri il' pos.-iilijc. " III fiiitli wlii'ri'of the ri'H|ici!liv(' rii'iii|iolciiliiu'irM Imvi' Hi^jiu'il this f 'ipiivcnlioii, mill tlicri'lo nllixi'il llie hi'iiIm of tlirir arms. "Diini' lit SI. rcUirsbiirn llio "illi (ITlli) Ajuil in tin- yonr of (iriicc IM^'t. (L.S.) " HrMiv .Minrii.iTiiN. (LS.) " I,e Coiiili'. C. J)K NKHsia.iioiif;, (F*S.) " I'lKHUK Dl-: I'oI.KTtCA." Troalv ((Iroiil. IWtaiii and Russia), hVlirunrv '>H, 1H25. For French teit, •ta Appendix, vol. Ii, Hirt III, No. 2, Navigation of Pacific to be free. See Blue nook, " United States No. 1 (1891)," p. 98. Appendii, vol. iil. Convfnlinu helwpen Great liritiilii and Russia. Tho nogofiatifms be! ween (Jrcal Mritniii and RuHHiii rosultcd in the Convention of tlic 2.s(h Fcbniary, 1825. The foUowinsf is the English translation of tin's Convention : — " ARTICLE I. "It is agreed thnt the respective subjects of tlio Hiph Contrnoting Parties shnllnot bctrnuMtd or molested ill nny part, of the ocean, conmionly called tho I'mifie Oi'cnn, either in navigating,' tlu! same, in lishing lluMciii, in in laiulin}^ iit such jmrts of the conHt an slinll not have been already occupied, in order to trnile with the natives, under tho restrictions and conditions specified in the fol- lowing Articles. 54 i til! "ARTICLE II. " In oiiI«i' to jnovLMit the ii.i;lil ul' iiiiviL;iitiii;4 anil fishing exercised upon the ocean by the snlijects of the Hiyh'Contraet'ng Pnrties, ft'ini becoming tlie pretext for an illicit coumierce, it is agreed that the subjects nf His Britannic Majesty shall not land at any place where there may be a Kussian establishment without the permission of the Governor or C'omniandanl ; and, on the other hand, that liussian subjects siiall not land without pernission at any British establislnne.it on the north-west coaPt. " AKTICLR III. "The line of demarcation between the possessions of the High Contract! "• Parties upon the (oast of ti\e continent and the islaiiU.. of America to the north-west, shall be drawn in the manner following: — " Commencing from the southernmost part of the island called Prince of Wales' Island, which poiat lies in the parallel of 54° 40' north latitude, and between the 131 st and the l^iord degree of west longitude (meridian of (ireenwich), the said line shall ascend „o the north along the chainiel called Portland Chounel, as far as the point of the continent where it strikes the uGth degree of north latitude ; from this last-mdutioned point, the line uf demarcation shall ffillow rhe summit of the mountains situated parallel to the cf ist, as far as the point of inter- section of the 14l8t degr e of west longitude (of the same meridian) ; and, finally, from the said point of intersection, the said merii ,ian-linf, of the 141st degree, in its pro- longation a? lar as the Frozen Ocean, shall form the limit between the Krissian and British possessions on the conti uent of America to the north-west. " ARTICLE IV. " With reference to the line of demarcation laid down in the preceding Article, it is luulerstood : " 1 St. That the island called Prince of AVales' Island shall bi'long wholly to Russia. " 2nd. That wherever the summit of the mountains which extend in a direction parallel to the coast, from the .''lOth degree of north latitude to the p(jinl of intersection of tlie 141st degree of wesl longitude, .shall prove to bo at the distance of more than 10 marine leagues from the ocean, the limit between the Briti.sli ])o.sse.ssions and the line of coa.st whi' h is to liolong to Ku.ssia, as above mentioned, shall be formed by a line parallid to the windinf'i of the coast, and which shall never exceed the distance cf 10 marine leagues therefrom. •ARTICLE V. " It is moreover agreed that nu establishment shall be formed by either of the two parties within the limits assigned by the two preceding Articles to the possessions of the other ; conscrjuent'iy British subjecta shall uot Treaty of 1825 i 66 Treaty of 1825. form any establishment either upon the const or upon the border of tliu continent comprised within the limits of the Itussian possessions, as designated in the two preceding Articles ; and, in like manner, no establishment shall be inrraed by Russian subjects beyond the said limits. "AETICLE VI. "It is understood thnt the subjects of His Britannic Majesty, from whatever quarter they may arrive, whether from the ocenn or from the interior of the continent, shall for ever enjoy the right of navigating freely, and without any hindrance whatever, all the rivers and streams which, in their course towards the Pacific Ocean, may cross the line '){ demarcation upon the line of coast described in Article III of the present Conventioa "ABTICLfi VII. "It ia also understood that, for the space of ten years from the signature of the present Convention, the vessels of the two Powers, or those belonging to iheir respective subjects, shall mutually be at liberty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and crocks on the cocst mentioned in Article III, for the purposes of fishing and of trading' with 1 he natives. "ARTICLE VIII. " The port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of ten years from the date of the exchange of the ratifications of the present Convention. In the event of an extension of this term of ten years being granted to any other Power, the lik i extension shall be granicd also to Great Britain. "ARTICLE IX. "The above-mentioned liberty of commerce shall r.ot apply to the trade in spirituous liquors, in fire-arms, or other arms, gunpowder, or other warlike stores ; the High Contracting Parties reciprocally, engaging not to permit the above-mentioned articles to be sold or delivered, in any manner whatever, j the natives of the country. "ARTICLE X. " Every British or Russian vessel navigating the Pacific Ocean which may be compelled by stonns or by accident to take shelter jn the ports of the respective Parties, shall be at liberty to refit therein, to provide itself with all necessary stores, and to put to sea again, without paying any other than port and lighthouse dues, which shall be the same aa those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his merchandize in order to defray his expenses, he shall conform himself to the Regulations and Tariffs of the ^ -r^ where he may have landed. [848] I 66 :\f "ARTICLE XI. " In every cnso of coinpliiiul on iiccmiiiL of uu infrnc- tioii of the Articles of tlie iircseiit Cmivi'iition, the rivil niid iiiihtmy aiitlioiitios of the IIi;^h (.'oiitiMi'liuj,' I'avtii,'.'?, without 'iri'viously -.ictiii^ or tiikiii,^' iiiiy I'orLible meiiatiro, shnll nil ike. an e.xact nud circumsumlial report of tlio mutter to their respective Courts, wlio eii<,'ag(! to settle the same in a friendly luauucr, uud according to the principles of justice. "ARTICLK XII. "The present Convention shall bo ratilicd, and the ratilic'iitions shall bo exchanged at London within the spact> of si.\ weeks, or sooner if pos^iible. " In witness whereof the resinrtive I'lonipotentiaries have siijned tlie .siiuie, and have allixed thereto the seal of tlieir arni!?. "Done at St. retcrsbur','li the 16th (28th) day of Fi'liniary, in the year of our I, >rd oui'. thousand eij,'hl hundred and twenty-live. (L.S.) "Srn.vTFORr) C.\xni\g. (L.S.) " The fount Dk Nesskluode. (L.S.) "PlF.nnE DK POLKTICA." Treaty of 1825. Mr. Stratford Canning to 3[r. G. Canning, in liis (losjiatch of tho 1st March, 1825, inclosing llie Convention as signed, says : — "With re.speot to Behring Straits, I am happy to have See Appendix, it in my power to assure you, on the joint authority of the y°'- '» "'' '> Russian I'lenipotentiaries, that the Kniperor of Russia has no intention whatever i ;" maintaining any exclusive clahn to the navig.Uion of those straits, or of the seas to the north of them." Mr. S. Canning, in a furthe). despatch to ]\[r. G. Caiiiiing, 3rd (15lh) April, 1825, said:— " . . . . With re.^peet to the right of tishing, no explaiia- Iljid., No. 6" tion whatever took place between the I'lenipotentiaries and myself in the course of our negotiations. As no objection was started by them to the Article which I offered in obedienec to yoiu' instructions, I thought it unadvisuble to raise a discussion on the question ; and the distance from the coast at which the right of fishing is to be exerci.sed in common ])assed without specification, and conseijuently rests on tho law of nations as generally received. " (,'onceiviiig, however, at a latci' period that you might possibly wish to declare the law of nations thereon, jointly with the Court of Russia, in .some ostensible aliape, I broached the matter onew to Count Nesselrodo, and ■suggested that he should authorize Count Lieven, on your invitation, to exchange notes witli you declaratory of the law as ILxing the distance at I marine le^^e t'foni the shore. ■ ; ■ ' [I'liitetlStntes' interpretation of Russo- Ainci'iciui Treatv.j Wharton, Digest of Intprnntinnal L;iw, nectioii 159, vol. ii, p. 'i'26. Letters mid writiii}.'8 of James Madison, I'hlla- delplii», 1865, p. 446. i'lie I'kaso novel' enforced. Seo litter of S. Canning to G. Cnnning, April 23, 1823. Appendix, vol. ii, Part I, No. 24. See poll, p. 78. 57 "Count Neasolroilo lupliud Unit im should fcol eni- buvriisseil in 8uliuiitliii}< this .siigj;oslioii to tluj Kuiiiuior just ut th(! nuiim'ut wiieii tiiu ratilicalions of tlie Conven- tion wei-e on the point of 'j(ini^ dispatcliud to London; and ho aecnied e.tceedinjjly lesirous that nothing sliould linppen to rotaitl the acconipli.slinient of tliat essential formality. He assured me at the same time that his Government would be content, in executing tlio Conven- tion, to abide l)y (lie recognized law of nations ; and that, if tiny ([uestion should hereafter be raised upon the subject, he sliould not ix'I'use to join in making the suggested declaration, on being satisfied that the general rule under the law of nations was such aa we suppo.sed. " Having no authority to press the point in question, I took the assurance thus given by Count Nosselrode as suiricient, in all probability, to answer every national purpose. . . ." Tho claim of Russia attracted much attention at the time. President ^[onroe wrote to Mr. Madison on the 2nd August, 1H2'I', with rclerence to the Conven- tion of that year, to the effect that — "By tlii.s Convention the claim to the vuin: r/iiuHuni i.s given up, a very higli nurlhern latitude is estuMiHlied for our liouniliivy with liussia, and our tiwli^ with the Indians placed for ten years on a jiorfectly free footing, and after that term left open for negotiatiim. . . . England will, of course, liii\i' u .siiiiilur sti)ndatiiin in fiivtuir of tho free navii;iition of the rariiic, but \\v. shall have the credit of bavin" ' 'ken the lead in the aH'air." In an8\\> i' 1" the ahov(\ Mr. Madison wrote to President ^lonroe o ii(> Htli August, 1824: — "The Convention with Itun-iia is a propitious event, as substituting amicable .ndjiislment tor the risk of linritilc ccillisioii. J5ut I give the Kinperor, however, little credit for his assent to tho principle oi'vicir lAbendir' \sie\ in the North Pacilic. His pretensions were so absurd, and so disgusting to the maritime world, that he i,, iSir If iiiviit Ui'ilaiii ciiii iiiaiiidiiii Iut pusilioii tluil llui .>. I'miiu-cluio, Hi'liiiiiL' S.M lit tho tiiiio (if tiiu 'li-.MlidB willi liiiuHiii of '","," .!'°,"ll'. . 18121 mill 1825 wuh iiicludud in llie I'liciliu Ocimui, tlio Xn. 1 (IMlll)," OoviMiiiiiciil (if tlio United StnlcH Iiiih iki Wdil-giuundnd P- ^'; , „ 8<-n ApiHMiilix, eoniplrtint iiKainsl luir. ^^i i^^ [u ordor to upluild (lie o(mt,oti(ion tliUR lulviincod by tlio United Htnte'*, it is, howovor, lurtluM" rmnid uwoHsjuy to nmintain that tlio words " li'v/tli-wost const" iind " north -wost coa.st of Ai!i< . ica," which rrciiucntly occur in tlio correspondence connected with (hose Conven- tions, refer only (o a ])(n'tion oC the coast of tiio eoiitinrnl south ol" Uehriiiu,- Sea. 'I'his portion of the e.vist Mr. Hlaine endoavonrs to deliiie precisely in his leller, which hai just bocu quot(>d, illnslnUiiif'" his ineaniiiaf by maps, and seckinj^ ((» restrict the applicalidu of (he tcnn to that jiart of (ho coast which runs southward H'iJ.. i>. as. continuously iVoin the (H)tli parallel. Tho meaninu: of the jdiriise " I'acirto Ocean" and (liatof tho term " north-west coast " arc thus intiinatoly associated in the contention of tho United Slates, and it. will bo convonient^to treat them tosetho''. (Jdiitnntitm of tlio I'nitod Sutcmf. Kuhriiig Sou WUH nut incliulul. ' North-west ( ,'ouHt." Menniiitj of the pkrast " Pacific Ocean " ami the term " Xorth-wrxl Const" in the 'hralics and VorreKpoudencp. It will 1)0 found that such a construction of M. do rolcticn to these idirases as Mr. IMaine has striven to place ^}\ '^'''"""o lonn ' 1 I'obni.iry '-'8, 1822. upon (hem cannot be reconciled witli tho corrc- Sec Amicndix, 1 vol. il, I'urt II, SpoiulciU'O. jj„ 1 In (ho (irst i)l!\<*(>, it has already been shown that Itussia's i)bj(>ct was not IJio acquisition of tlio control of tli.' s(>;i bet ween R(1" iiorlli liititud*' on tin- .A miTicMii, .'hkI InlitiuU' '1.5° no' on tin- AKiatic coaM. IT(!r claim to an cxlraonliiiary mi:\rilirnc. .juris- diction over thn non-territorial waters ot tiM! oeean was (lefmitively abandoned a' tlie oiitHct, of tiie nof^otiation.s, and tlie diseiis.sion was thcneel'orward (!onfined to tlic! protection of lier ri(,'litH within territorial liinitH. Hiissia'H ohject was thi; reoof^iiition and pro- tection of the lluHHian RcttlemcnlH in America. Accoi'dini^Iy, the Conventions provide at^ainst " illicit, commciree," laiidinj^ " at any plac,(! [from Hehrini,' Strait to the southernmost honndary] where then! may Ix; a Tlnssian eslahlishment without the permission of the (Jovernor or Coni- man'iant.'and against the formation of Eslahlish- nients hy either J'ower (in the I'cspef'tive Con- ventions) on territory claimed hy.or tjoncreded to, tho other. With tho same ohjoct rules were made hy llusHia, headed " Rules cstr.hlished lor the Limits of Navif^alion and Order of Conmiuaication aloii^ tho coast of the Eastern Hiheria, tlu; noilh-wesl- coast of America, and the Aleutian, K\irile, .nnd other Islands." This ohviouily included thr; American coast of Bfihrint^ Hea in the term " north-west coast." Baron Nicolay, writin^'' to Jjord Ijondondcry, 3l8t 0(!tohcr (12th Novemhnr), 1821, says:— i 11 i 1. 'I I ! r Mi '1 " North-wost Const." " Pacific Ocean.' " (Tranfilation.) ' "Tlic ni!W Jicgnlation dnos not forbid foreign ve.ssf'l.s to navii,'at<'. thn sca.s wliich wa.sh tlic llu.SMiaii po^'C'.SHion.s on tho nnrlh-wed conul of America and thu nortli-euHt coast of Asia. • * • • " On tlie other hand, in considering the Ru.ssian possc.^- sion.H wliich extend on the north-wesl const of America from I5ehring Strait to 51^ of north latitude, and also on the opposite coast of A.sia and the adjacent ialwids, from the same Strait to 4")°, &c. • r » « " For, if it is demonstrated that the Impoiial Govern- ment would, strictly sppiiking, liave Iiad tlio power to entirely clo.w to foreigners that part of the Pacific Ocean on which our possessions in America and Asia hoi-der, there is all the more reason why the right, in virtue of which it has just adopted a measure much less generally restrictive, should not be called in questir, . • • • • " ^9 officers commanding the Kuasiou vessels of war, ■ 1 m il' 1 ; ?w 1 '' 1' 1 1; ^n If M ;', MB! \\ \ ■ 1 ! 4l-|ll fl C\ - SHn' t ^^ ' jWy iK'k ' 4k!^^^H^n 1 '^Hk HI t' ^^^^^^ ^ S^S.SK k ^^^^B w^Bf MmI p^^H^^B w 8BH I Jl I' ii I'f I ill ! 6ii whicli nro to scu to tla- maintoiiiinco of tin' iilxive-moii- tioiicd nrmiigemuiit8 in the Pacijic Ocean, Imvu been ordered to put tliuiu into force against those foreign vessels, &c." In this note " north-west coast of America " is mentioned three times, and in each case tho coast of Boring So a is included in tho term. " Pacific Ocean " appears twice, and in both instances includes tho Behring Sea. A map, ])ublished ofllicially by Russian au- thcritit's, of which a copy is inehuled among th(! documents annexed to this Case was forwarded from St. Petersburg by Sir Charles Bagot to Lord Londonderry, in a despatch dated the 17th November, 1821, in which it is thus described : — " I have the lionour to trnnsiiiit to your Lordship, under a separate cover, an Enghsh translation of tho Ukase, and I lit tho same time inclose n Mop of tho north-west coasts of America, and tlio Aleutian and Kurilo Islands, which has been published in the (iunrtennaster-Generars Depart- ment here, and upon which 1 have marked all tho prin- cipal Kussiau Settlements." It will be seen on reference to this 3Iap that tho words " part of the uorth-Avest coast of America" inclndo the whole coast line from a point north of Behring Straits down to latitude 54° north. Again Lord Londonderry writes to Count Lievcn : — "Tiio Undersigned has the honour hereby to acknow- ledge the note, addressed to him by Baron de Nicohiy of the 12th November last, covering a copy of an Ukaso issued by His Imperial Majesty the Emperor of All tho Russias, and bearing date the 4th September, 1821, for various purposes, therein set forth, especially connected with the territorial rights of his Crown on tlie north- u-est-'fii coast of America, border inn '"po'^ the Pacific, and the commerce and navigation of His Imperial Majesty's subjects in the seas adjacent thereto." And Mr. S. Canning writing in February 1822 to Lord Londonderry from Washington, where ho was then British Minister, observes : — •' I was informed this morning by Mr. Adams that the Russian Envoy has, within the last few days, communi- rated officially to the American Government an Ukase of the Emperor of Russia, which has lately appeared in tho public prints, appropriating to the sovereignty and ex- clusive use of His Imperial Majesty tho north-west coast of America down to the 51st parallel of latitude, together with a considerable portion of the opposite coasts of Asia, and the neighbouring seas to the extent of 100 Italian miles from any part of the coasts and intervening islands so appropriated. In apprizing me of this circumstance, Mr. Adams gave me to understand that it was not the intention of the American Cabinet to admit the claim thu« For mip, (M Appendix, vol. No I. See Appendix, f ol. ii, i'srt I, No. 4. ii^i ' North-wost Coast" Lord Londonderry to Count Lieven, January 18, 1822. See Appendix, vol. ii, Part I, No. 7. Mr. Stratford Canning to the Marquis of Londonderry, February 19, 1823. See Appendix, vol. ii, I'art I, No. 9. 63 •Xortli""'''*'^ Ci>aHt." Sec A{>|iniiilix, vol. il, i'url II, No 1 I'iiLitic Otraii."' ■ Nnilh-\vi.'>l CiiasL." Ilii 'son's Bay Company to the .Marquis of I.ondoiiilorry, Marcli 27, 1822. Sic .Spppndix, vdl ii, I'ait I, No. 10. ;Mr. Ailams to Mr. Husli, July 2:2, 1823. American State Pa])crs, Foreign Helationr!, vol. V, p. -146. •See Appendix, vol. ii, I'nrt II, No. 4. See Appendix, vol. i, Nos. 3 and 4. liotilluil oil tiio piui 1)1' li'iiM.siii. Ills ol)jotai(iii ai)|n'iiis to lit! iiiorc piutii'iilmly iit,'uiiibt tlni (^\(■lusill|l of fuicijjn vcsiji'ls 111 .sii ^rc'ul 11 (liNtiiiu;(> fwm lliii hIkjic." A^iiiii ^I. tic I'olctii'a, writiiif^ to Mr. Adams on lilt" -JSIli l'.l)iMi;ii;v, 1822:— "The til I (ii.siiivi'iii'.s (if the li'ii.M.simiM on the iiortli-west (iiiiliiii'iil 111' Aiiit'iii'ii i^ii liiu'k til till' liiiic 111' llic Kiii]>i)ror I'l'liT I. Tlicy liflciii},' to till' nttriii|il, iiiinN^ tuwiinis tlio ('11(1 of till' icij^ii III' tills j^iciit Muiiaicli, to liiid ii {ms.siij;o I'liilll the in/ .tilt into till' I'liiijir (Ivntii. » « * « " A\'luii. ill I7'.l'.\ llii' l''iii|iii(ir I'aiil I (^riiiiti'il In tlio liro.sciil Aiiii'riciiii (.'iiiii[iiiny its llisl ('lmH,('r,li(! {iiive it tlio ('xcliisiv(^ |)(i.s,sc.Hsion of llio noiih-iri.ll voti.il nf Amrnen, wliicli li(doiiL;('(l to UiisHiii, from tlio 55tli derive of iiortli liititiidc to ISuhriiij,' Simlls. • • • • " l''riiiii this riiitlil'iil ( x|iii.sitliiiHi|' liiKiwii I'licLs, il. is eiiHy, Sii'.as ii]i|i('ais to iiic.tiKli'aw llic I'liiiclii.sinii lliat lliii rij^lits dl' liil.ssia, to tlic cxtciil. of lli(^ n'}iih-ii't"""''"'ii»ix till l/ii' iwvlh-irc.'it I'diml nf America, (1)1 the one side llihiing tHridlK, mul on Ihr other the TAst iliifrre of mirlli latitude, lia.f, i^t. • • • • " I oii^'iit, in tli(! last ]ilac(\ to i('i|iu'.' liave pro- hililled I'ovel^jii vessels from ii|i|iiiiarliiiig ijie coast within 100 miles, under penalty of eoiilisealion." ]\rr. Adams, in 1S23, dealt with tli(> llussian claim as one of exclusive territorial right on the north-west coast of America, extending, as In; said, from the "northern cxireiuily of tlie continent." Articles in the "North American llcvit!\* " (vol. xv, article 18), and "Quarterly llevicw " (1821-22, '1; ?fl [248] e: I I M vol. xxvi, p. .'ill), jmblisliod iit llu; t'lii- of tin' controversy, anil jvlrcady rolcrn-d to ;is inoiitioiiiMl with iiiiprroliatioii by JFr. Adanu, in ISJI-'i.'i, \isc tlic words " north-west coast" with the saaii' signi(ipati((n. Air. Adams, in his dc^pafch of tlic 2211(1 Jnly, 1823, to Mr. Middioton, rfl'oiTcl ft) the I'kas,' of the Enipcrur i'aul as iiurpoiLiny; (o i^rant to the American (,'oni|mny tlu^ " exclusive |)Ossessiou of the iinrlh-irr.it const of Amoririi, whicli helon'^'i'd to Kussia, from the o.'jtli (U'groe of norLh lutVudc to BehriiKj Si rail. The fact that the wliole, and not merely a particular portion, of tlu; territorial and maritime claim advanced by the Ukase was in (pu-stion, and was settled by the Treaties of 182 1 and 182.5 also api)ears from the .Memorial laid by Mr. Middleton, on the part of the IJnitcl States, before the llussian Goveriuneut ou the 17th December, 1823 : — "With nil the n'siiei;t wlii; li wo o\v(j to the iloclarecl inteiitimi ami to tliu ik'ti'iiuiiialinii iialicatcil liy tl.j Tkaso. it is m'ct's.snry to (■xaiiiiiic the two ]i(iiiit.s of fact; (1.) If the country to the fmutli mid oisl nf /,'ihriii;/ S/rriil, ii^ far n.i thr .")1..«.) By the extenaioD of territorial jurisdiction to two leagues, as originally proposed io the course of the negotiations between Great Britain and Russia. [248] K 2 sioucrs, wliich aru full mid dotnilcd, make refcrenco only to lU'lirinfj Strait and tho Pacific Ocean, and do not mention the Sea of Kam> tcbatka or liehring Sea. Common meaning of" Pacific Ocean " and " North. Coinninn iiicnninK <>i '• I'lititi,' n . ,„ . r, - ti imd " Niiitli-wcst Ownt.' neat Coast. The works of ]\rr. Eohort Oreenhow, Trans- """"•*•*""• lator and Librniiin to the United States' Depart- ment of State (well known in connection with the disenssion of the "Oregon question"), afford a detiiiled and eonelnsivi' means of ascer- taining the views oilieially hold hy tho United States' Government on tlio meaning of Pacific Ocean, Behrimj Sea, Nortli'west coast, and the extent to which the claims made by Russia in tho Ukase of ]S21 wore abandoned hy the Con- vention of 1824. A " ilemoir" was prepared by ^Ir. Grecnhow, "M.nKMr Historical nmi Puiiiioai .>f n,,- noiiii.«eit „;, ^, on . , , I. -.f- T IT T. 1^1 • Ncirlli Aimwa iiml llu' iiiljnccnt li'iTit.iri.i, liiuitrsNi,, on t he ollicial request oi Mr. L. J'. Jjum, Lliau'inan Map ami u Rcouruphinii view i>r iius,. countri.., by r « I J. o 1 i /-I • . i.1 ri\ •. p/\ UriTiihow, Tmnslntor anil Liliniriuii In tli- n,|niiiMa,l ot a Select Conmuilee on the Jemtory ot Oregon, stut.-." s.imt., aiiiiiconi?., MSvi-ion ,ir<).H(0. 1 1 p -\r T I II ji o I 1' Oi i Tlic 911I1U' Memuir, Mopurrttely printt'il, iitpareiitlv JniJfrM I by order of Mr. John Forsyth, Secretary ot Stale. "f,„,„, „„d „ith ti„.%an.r Map »n,i pagimii™ \v,!„„,| It ineludesa ^Inp entitled "The Xorlh-west Coast ''"'"»'"■ ^''^ '''"^' '"^"• of Js'orth Amcrien niid adjacent Territories," which extends from beiow Acapulco in ^Nfexico to above the moutli of tho Kuskoquim in Uehrlng Sea, and embraces also the greater part of tho Aleutian chain. Touching the signification of the terms North- west coast and Pacific Ocean, and the meaning attached to the relinquishment of Russian claims by the Convention of 182 1, tho lirst part of the " Memoir," under the heading " Geograi)hy of e Western Section of North America," contains the following passage : — "Tli(^ iiorlh-ircst roaat'^ is the expression usunlly eiii- plo;,e» note : — " In tho following pnj;fs the term coast will lie used, sometimes as sif,'nifyiug only tho sea-shore, and sometiines as endn-acing ^thu wliole tiTritmy, extending therefrom tc the sources of the river ; cure has been, however, Inken to prevent misappreiiension, "hero tlie context docs not sufficiently indicate the true sense. In oi'der to avoid repetitions, tho nmili-winl cnii . • 11 ho unt ivastoiX*' Aniirica, |iubliskt'(l in 1840 hv (lircitioli ol' ibc ■J,,'."'" tlio United States." .New York, 1845. '' Tliis is a ^ceond edition, and in the preface it is , ^plaiuM.i its issue «a« rendered necessary to suji|il> l.Juo ,„, j the work Kliieii had been ordered lor iliv (oii,ral(;,f The tnnic work. First edition, London. !bt4. lJe'*l> (ditions lonlaiii Mu])s, ^^hich aiiinar lo U iii-.- 0111 diHtreiit Ircm the Maps aeeoni|.anviiij; the Jijlf,' though including niaily the same limit!- will, il,,,,/ " Mr. rakcnham to the Eitrt o/Ahenlccr,. — {llcethed Aitf/Kn' IG.) "My Loril, "irnnhiiigton, July 20,1 8io. "I ]v\\f the hfiniiur herewith to transmit a cojiy of a note which 1 have received from tlie .'H'cretary of SLatc of the United State,^, aiconipunicd by a cnjy of Mr. Grcen- liow's Wdik on ()r(i;on tind I'ldiforniii, liieli, in ptii.'iuanco of an Act of Congress, is prii-entcd to Her Majesty'.s Governmeiit. "Altlinii^Ii Mr. Grcenhow's book i.s already ;;; your Lord.ship's jossession, I tiiink it right, in consequence of the official character with which it is presented, to forwaril to your Lordsliip the inclosed volume, being the identical one which has been sent to me by Mr. liuelianaii. " I ha\ c not failed to acknowledge the receipt of Mr.il3»chanan'd note in suitable terms. " I liave, &c. (Signed) "II rAKKSiiAM" llusMHii iiil'.Tprctiition of " Pacific Ocean." Tikhmenieff. Sc: Appindix, vai i, No. 5. iS«. Ibid hi^'Tpr.". iti .11 ill the l.'nitod States. Sec post, p. 09. 69 the followiiu',' is found on a later piii^c of the voliip.io lasl rel'iHTod lo: — "Tlii.s L'Diiveulidii dues not apiicar to ollV'v any grounds for dis]iutc n.-j to tin; coiislnictioii (jf its sliimlatioiis, but is, on tliu coiitnirv, clear, anil I'mially ravoural)lu to both nations. The rights of Imlh jiuriies to navigalo every part of the I'acilie, and lo trade with the natives of any places oil tlie coasts of that sea, not already oecnpied, are first dislinctly acknowledge'!, i^'c," (y. o-l'S). It is thus clear, as the result of the investiga- tions undertaken by Greenhow on behalf of the United States' Government — That Behring Sea Avas a jiart of the Pacific. That the north-west coast was understood to extend to Behrinj; Strait. That llussia relinquished her asserted claims over '• every part of the racific." That the phrase " Pacific Ocean " in the Treaty included Behring Sea is still further shown by the reply of the Russian Government to Governor Etholin in 1812, when ho wished to keep Ameri- can whalers out of Behring Sea : — "The claim to a mair claH. "°- *"■ of GO' ami CT)" noitli liititude on tl\i^ American and Asiatic coasts, so that its range is very limtied." \u$' 11 Mr. II. W. Elliott, who was engaged in the Hcport on the Seal study of tlie seal islands of Alaska for the United Washington, 1881, States' Government as late as the year 1881, in PP ^' ^• his official lleport on the seal islands of ^Uaska remarks, concerning the seals : — ■ ■'Their range in the North Ptwific is virtually confined to four islands in Bering Sea, namely, St. Paul and St. George, of the tiny rribylofl' Kieiip, and Bering and Copper of the Commander Islands ' Again, he says : — ■ In the North Atlantic no suitable territory for their rfoopiinii e.xist.s, or ever did exi.^t; and really notliing in the Xurlh I'avijic bevi'iid what \\e have d(.'signated in Reriui: Sea." He also descril)es the rookeries in Behring Sea as '•' North Pacific rookeries." And writes further: — ' (ie'ip;rapliically, as well as in regard to natural history. Ibid., p. 110. BoriuL; l.sland is one of the most curious islands in the iioythcfii inoi of the I'ncijic Ocaui." The ahove are, however, only a few from amonij; very many similar instances A\hich mii;ht liequjtcd of the continued u.sage of the name " Pacific Ocean" as incltuling Behring Sea. In 1882, a Notice which affected part of Okhotsk niul Bchrini;' So;is was published hy A. K. IVlikan, His lioyal ami Imperial Majesty's Cou.sul, Yokohama, on tiic 15th November, 1881, Iruiii which the follurt'iug is an extract: — " .\t the leiim.-! Ill' tilt' iithii- i>l;iii(l.s, the I'nilersiL'ued lu'ri'liv notilies that llio Kii ,il aniliorilies nf riciiring and SOlli Cong., -JmiI Scfs., Sen, Ex. , , . , ,. iJoo. No. I0(!, l.us. Doc. No. lOG, p. 2(i2. See Appendix, vol. ii. Part II, No. 16. 71 "' 1, Without a !:ni(iii v:<(hi-s of tin I'drijic, and iu reply to the note which you iidilresscd to uie, dated the l.Jth (27th) IFarch, 1 am now in a position to give you the following iufonnation : — " A Xotice of the tcnour of that annexed to your note of the loth March was, in fact, published by our (,'i)U.sul at Yokohama, and our Consul-General at San l'"raucin(^o is also auUiorized to publish it. "This measure refers only to prohibited industries and to the trade in contraband; the restrictions which it establishes extend strictly to the teriitoriid waters of liu.ssiii only. It was re(piired by the numerous abuses proved in late years, and which fell with all their weight on llio population of our sea-shore and of our islands, whose only means of support is by fishing and hunting. The.se abuses iullieted also a nuuked injury on the interests of tho Company to which the Imperial Governuu'ut had conceded the monopoly of fishing and hunting (' exportation '), in i.slunds called the 'Commodore' an\l the '.Seals.' " Beyond this new Jtegulation, of which the essential point is the oVdigation imjjosed upon captains of vessels who desire to fish and to hunt in the Jiiintiion waters of the Vacijic to jirovide them.'?elves at Yhulivostock with tho permission or licence of the Governor-General of Oriental Siberiii, the right of fishing, hunting, and of trado by foroignors iu our territorial waters is regulated by Article 5G0, and tho.se following, of vol. .\ii, I'art II, of tho Goilo of I.tiwa. " Informing you of the preceding, I have, &c." [218] L m ! 'i' 72 i r p» i I ' llanr.Tort writes, in his '' History ol Alaska" (pp. 11), 20) : " Tlic Anadii", wliicli oinptios into the Pacitic." Again: "Thus the Taiilie Ocean Avas first reached by the Russians on tlic shore o'^ the Okhotsk Sea.". And yet again : " The ascent of tlie Lena brought tlie Russians to Lak(! Baikal, and showed thcni another roule to tlic rneillc, through China by way of the Anioor." So, in 1887, it is found that tlu; A\neriean iOili Cod?., i,i.l Represent ulive at St. retersbiu'g informed i)n'"xo."lO(;, " Mr. Ravard (17th Tebruarv, 1SS7) that the r- 268. Notice already quoted prohil)its tishmg, ivc, on ,.oi n^ part li, "the Russian Pacific coasts." This oorro '^'" '^' s2)ondcnce related to a seizure which litid been made in Behring Straits. Geographical use of " Pacific Ocean " and " Nortli- Wfil Count." In the discussion of the <[uestion of jurisdic- tion botMccn the United States and Great Britain special reference has been made by (he Unitivl States to the marking of Map.s, from which it has been insist. .1 that the waters of Jiehring Sea liad been given a name distinct from (hat of the Pacific Ocean. Prom this it was urged thai (he words "Pacific Ocean'' in the Conventicms were used wilh great care, so as to reserve under the exclusive juris- diction of Russia the waters of Behring Sen. It is, however, to be noted in studying any series of Majis chronologically arranged, ])aiti(!ularly those published before (he middle of the jireseiil cen(ury, (ha( Behring Sea is frequently without any special iiam(>, though the adjoining' t-'ea of Okhotsk is in alnio.st every instance dearlv designated. On various Charts issued by (he Uni(ed S(ates' llydrographic Oflice, including the latest and most ])erfect editions now in actual ise, the ex- pression "Pacific" or "Nortli Pacific Ocean" is used as including Behring Sea. This appears from the titles of such Charts, of which the follow in g may be referred to : — No. 1)00. Published March 1883 at the llydro- graphic Odiee, Washington, D.C. : — '' Paeidc Ocean. ]!ehring Sen, Plover ]?ay, from a survey by Lien(cnan( ^faximov, Imi)erial Russian Navy, 187(5." (Plover Bay is si(nn(cd on (he Asiatic const, near the entinuce to Behring Strnit.) ' rucific.' (!eogi:iiiliir;il >iso nT " I'.ii.ifir (i,, iiiid "Nm-th-vcst Ciiii.-i," 78 ■ I'iicilic" ami "Novlli-wust Coast" in (rccii'l-iiullicill Wdl'ks. Malbam, JMin, '■ Naval Jojetlecr," UnUoii, 1795. llMiles, i;,, "General aa.:cMcor," I21h oil., London, 1802. (alletti, J. <;. A., " Allgcmeinea GcOKraphiBchcs ViJrler- WIk' I'OBlh, 1H22. Pi. lionniirs G('ogia|>liiq\ic UniTcrsd," Tom. it, I'aria 1S23-33. Peili, Dr. J. C "Ci'Oqrapliiei'lics BUtiatitcliei Ilan'l- "urtcrbucli," BJ. iii, I'cslli, 1822, llalb(\r»l«at, 182'.l. Jtrommilli, " Gninmar of Moilorn Gcoi^rapliT," London U3:'. No. 910. Piil)'islioil ()ct()h.>r lS"i2 at, tlio llvdrograpliic Od'ice, AVashiiigtoii, D.C. : — " North Pacilic Ocean. Anadir Bay, Bolirins* Sea. From a Cliart by Engineer Bulkley, of Now Yorlc, in ISO.')," &c. (Anadir Bay is situated between latitudes 01" and 05" on tlic Asiatic side of Bcbring Sea.) Similar ovidencc is alTorded l)y tlic titlo-pago of tlic work issued by the same llydrographic Omcc in 18(i!), as follows : — " Directory of Bcbrinj^ Sea and the coast of Alaska Arranged from the Directory of tlie Pacific Ocean." The British Admiralty Clnrt of liehring Sea, corrected up to No^'cmber 1881), but originally compiled in 18Sli (No. 2100), is likewise entitled as follows : — " North-west Pacific. Kamchatka to Kadiak Island, including Bchring Sea and Strait." Tiie definitions touching the Pacific Ocean, Bchring Sea, &c., to be found in gazetteers, dictionaries, and geographical works, both of the ])resent and past dates, moreover, show conclu- sively that Bchring Sea was, at the time of the Conventions, and is now, understood to form an integral part of the Pacific Ocean. Such formal definitions are naturallv more ft trustworthy than inferences drawn from the construction of Maps. A few of these will suflice, though many more might be quoted : — •■ f'ii'iTiii;;'s Stiiiils, wliieli is the pussiigL' I'rom tlio Xovlli I'licilic Ofi'iui lo lliL' Antic Sea." " I'lei'iiiiji's Isluiul. An island in tlic facilic Ocean. " fvanischaika. lioiuulccl cast and south hy fiicilic." " Stillcs ^fciT. N'nni ~> niirdl. I'r. iin bis zuv Jicrings- .strnssc aufwiuts .sUils liettige Stnrnie." "Jfcv IV.citiiinc. 11 sVtond ihi nurd au .sud dcpuis U> (Jcrclc I'liliiiic .\ivti(iu(', ('ost-a-diri', di'iiui.s Ic DiHroit de iichrin;_', i|iii Ic fait c(nnnuuiiiincr a roccan (llacial Austral." 'Stillcs Mucv. Voiu 'M) siidliclu'v Itrcitc his zuni 5 nijnlliclicr I'rcitt! vcrdicnt es duich .'iciut^ IFeitcrkcil und Slille den nainun dcs Stillcn Mccis; vnn dii an liis /ur Beiin,i,'?stnis,se ist es hcCtiycn .Stunucn untciwoifen.' " llhcrinij's Strait counocts the Krozen Ocean with tiio Pacilic. '• The Anadir (tows into the racitic Ocean. " The piincipal i^uHa of Asiatic Russia are: the Clulf of Anndir, near I!licrin^''» Strait ; the Sea of Penjiua, and tho OuH'of Okhotsk, lietween Kanilchatka and the mainlmul of Itussia — all three in llie Pacific Ocean." m [218J L 2 !:=!Hi Lv i w " I/Oirim racil'Kiuo Uoioul s'l'loiul di'imis lo Dt'li'oit do ]>ulii'iii;;[ Juscju'iui Tiopiniio ili) (.'iiiicor." " Lo Di'tvoit (lu UoliiiiiL;. A eoinmoiiuor luiv co di'troit lo (irnnd Oi't%ii (cm Ui'i'un rufiliiiue) Idiuio In liniitu orieiitalo di' I'Asio." " Ijoliriiifj (di'troit ci'lMn'o). II joint Ocijiui (Uaciid Ai'ctinuo nu (Imnd Oci'an." "Tlio I'licilic Oceuii. Its bouiidary-liiio is pvotty well dutenuiuod by tlio luljiicont coiitiutiuts, wluoli appinacli oun rtiiotlior towiinls tlio iinvtli, and at lloliiiiig's Strait wliicli siiparatos tlioin, aio only iilioiit M mik's a[iart. Tills strait iiiny ho. considered as closinj,' tlio Pacilio on tliu jiortli," " Iiulirinjj (Dc'troit do) i\ IVxtri'mito nord-est do I'AMii', S(5paro co oontiiiont di' rAiiirritiuo ot rOcuui (Ihaial Arctiquo do rt)i'niu ratilii[iu'. " Ibhrinj,' (Mcr do), pavtio dc r(>ci'au racifi(pu\" " lit'liriiii,' (DiiKiit dc). Canal di' rOft'an .... iiniasant lo3 caux dt> rOci'an l'a('ili(|UO h colh'.s do I'Oct'an Arctii|m!." '■ I'rtcilic Ocean. Detweon lon^it\ulo 70" west, and 110^ vas{, tliat y. for a .-ipaie of over 180", it eovor.s tlio f,'reater part of the eartli'.s surface, from iieliriiijj's Straits to tlie I'olar Clicle, that separates it from the Antarctic Oooan." " lielirini; Sea is tlia': jiart of the Nortli I'acitio Ocean helwecn the Aleutian Islands in latitiido 55° iioilli iiiiil I'lehrini; Slrait in latitude (1(1° north, liy vliiell 1; r it communicates with I lie Arctic (.1cean." " liehrinj,' Sea, smiietiiues calleil the Sea of Kamteliatka. is (liat iiortion of the Xortii I'acilic Ocean iyin^' hetween the .\h'Utiaii Islands and r.eliriM^'s Strait." " l!eliring (Detroit de). Canal du (Iraiid Oei'an uiiissaut les eiuix de I'Occan racilli|ue i\ celh's de TOccaii lll.icial Arclii[ue." " I'acific Ocean, Its extreme southern limit is tjie Antarctic Circle, from which il streteiics northward throuu'h 132° of latitude to liehrinit's Str.iit, which .separates it from tlie Arctic Ocean." " Belirin^' (Detroit (le). Canal on hras do mer iini.ssant les eaux de r(.)cean Cilaeial Arctii|Ue i\ (belles de i'Ocean Paciliipie." " I'ehrini]; (Detroit de). I'nssafje (|iii unit TOcean (ilacial Arctiiiue au Grand Ocean." " IjohriiiL,' Sea, or Sea of Kamchatka, is that part of the Xortli I'acific. Ocoin hetween tlio .Vh'Utian islands in latitude 55° north and liehring Strait in latitude (10° north. by which latter it eonnnnnicates with the Arctic Ocean." " iteringsstrasso. JIeerenj,'e das imrdiistliclisto Kismeer mit deui Stillen Ocean veibindend." " liehring's Strait, conuecting the Nortli I'acilic with the Arctic Ocean. " I'cliring's Sen, sometimes cnlled the Sea of Kamchatka, is tbiit portion of tJio North I'acilic Ocean lying between the Aleutinn Islands nnd lieliring's Strait." " rrfoli do U G(!ogr»plilo Uiilroraellii," Mr M.,i.,n Turn, il, p. IHl, I'lirla, 1831-87. *" Ibid,, Tom. viii, p. 4, LaiiRloii, " DU'tlonnalre ," i.a, j,|,,. (iuilicrt. Tom. i, I'litin, ISJo. 'The New .American Cyi'lciprodin,'' cililcil |,v i;,, Uii'ley imd Clmrlen A. Uaiw, Nuiv York, ISTil. ' " IlarpiT's Stiilinliral Qaiottccr of tlio \ViiiIil"vol i J. Cnllliii Smith, New York, 1855. " Impcrlnl Guzcttoor," vol. I, Olnngow, ISj.V "'Grand Uicdonnniro do Ci'osrnphio rnivorsfllf' rv M. N. BoschfrcUo, Tom. 1, I'ttrin, lS5(l-.'.7. McCuUocli's " Ooogrtplilcal Dictionary," oililod It f, Martin, vol. ili, LoHduD, 1 SCO. 'Oranrt DIctlonnaIro UnlTersel," par I', b llii* Tom. ii, I'nriH, 186«-7t). St. Alartin, " Noiivcaii Diclioiinnirc de Grou'raihic law sello," Tom. 1, I'nrlK, 1870. I.ippiiicctl'B " Gttzcllccr o( the World," riiilaili'l|Aij Rider's " Ooograpliifcli Slatigtisch Losiron," Pil, i. I.tf.' I 188S. IllacUo'a "Modern Cyclopopdia," vol. i, Lomloi. isl edition. 76 I Views of KiiKlisli nm\ American jiiiiHtH, Woolscy, " liilro- iliictiiin tu Iiilt'i" iialimriil L.iw," .'tril oililioii, Now York, 1H7'/, |). H,). I'^iiifilly, fi f(>w passngos nui.v ho quoted from Jiiiglisli !iM(l Amerif.iii puljlicisls of nckiiowlodgcd {Miiiiu'iicc, to sliow till! luaimcr in wliicli tlio gcMcnil (jiu'stioii lias brtMi viowcd l)_v lliom, 1)1'. 'J\ I). Woolscy, l»rosid( l> a. tiou ;52, 1). li, speaks of itiissia Davis, '• Oatliiics nf Intornatioii.d Law," New Yoilf, 1SH7. \K 44. sp: "liavini.;- asHcilcd in l,S22lo 1,H24 an cxclnsivu jniisdiu- lion over tlie inirlli-iriat iwisi (hkI initci-.-i <;/' Amcririt from Hrliriiiij SI rail In l/n' fl/'lif-jirat i/c(/irf of iiirrtk htlilmh." Jfr. Davis, Assistant Trofeasoi' of Law at the United States' ■Military Aeadeiny, "Oiitlin(>s of International liaw," New York, 1SS7, p. 41: — ■' Kussia, in IM22, laid claim lo cxcln.sivc^ jnrisdiclion o\er lliat I'art of llic I'acilic Ocean lyiny; iiorlli of llic Tilsf dc;.;rcc of north latilndc, on Ihc j^'ionnd that, it ]ios- sessed the shores of ihal sea on liotli toiilinents licyoiid that limit, and so had (ho ri),dit I., restrict eomiiifrce to the coast inhahilants," .Tas. n. Anpi'l'i in tlic '• I'ornai," Nnvemhei- 18S!); " AniLM'iiiiii Kiulits ia lieliriin; Hoa." Spo Ai)|)i'iiilix, vol, i, No, 8. A recent United States' writer, I'rofossor J. li. Aiigell, discussing this sid)jcct, .says : — "The Treaty of I.S24 seeurcil to ns tiie ri^;hl of navijja- tion and lishinj; 'in any ]iart of the jri-cat ocean, eominonly called the I'acilic Ocean, or Sonlli Sea, and (in .Vrtiele IV) foi' ten years that of |'rei|Ueiiting the interior seas, j,'ull's, harlioius, and creeks npoii the coast for the pnrposc in tiiu Pacific, but it was ab.uulimcil in a vtny slioii time Tliu Jtussiau Govornnu'iit ]>n'tiiniliMl to be ^. •'•i'.fi,i;u nvor tlu' I'acutic north of tiic .list cU'j!;ivi' of latituiU', ami imblishoJ an rkaso in 1821 prnliibitin;,' foreign vessels from approachinjj within 100 Italian miles of the coasts aiul islands biu'derin^' upon or included in llial portion of the ocean. This iiretension was resisted by the I'nited Stutos and Great Ibitain, and was wholly j;iven up by Conven- tions between the former Powers and liussia in 1821 and 1825." The arguments contained in the foregoing cliai)ter establish : — That the Treaty of 1825 between Great lU-itain and llussia applied, and was intended to a|)ply, to all the non-territorial waters of the Xorth Pacific, extending from Behring Strait upon the north to latitud<^ 51° ui)ou the coast of America, and to latitiule 15^ 50' upon the coast of Asia (being tiie wholi; extent of soa eavercd by the Ukase). That at no stage of the controversy was any distinction drawn, or intended to be drawn, between the seas to the nortl .nd the seas to the south of the Aleutian rshiiui^. That JJehring Sea was included in the phrase " I'acilic Ocean " as used in tlie Treaty of 1825. That the expression " north-west coast of America," or, in its abbreviated form, " north- west coast," included the coast up to lk>hring Strait. 77 Vdcrol'W.ilris frniii J8l'l to 1807. lli-lmiial Oiilliiio. JSL'I. Al.-\>l.a, PI 53:.. IS-'. CUAPTKB IV. IIkai) (D). — The User of the Waters in question from 1821 to 1807. As regards the user of the waters hi que,stion, it has been shown that down to the year 1821 Russia made no attempt in practice to assert or exercise jurisdiction over foreign vessels when beyond the ordinary territorial jurisdiction. With the exce[)tion of the incidents connected with the Ukase of 1821, already referred to in Chapter II, the same is true of the period between 1821 and 18(57. To resimio the historical statement in chrono- logical order : — _rj3^ In the year 1821 Mouravicf was sent out to take control at Sitka under the new Charter, lie assunu'd the name of "Governor" in place of that of " Chief Manager," which had pre- viously boon employed. The nami>s of seven trading-vessels on the north-west coast are known for this year.* In 1822, the Russian vessel " l{urik" arrived at Sitka from Kronstadt with supplies. About the close of the year the Russian sloop-of-wnr " Apollon" also arrived, with instructions that all trade with Ibrcigucrs shoidd cease. This interdict remained in force for two years, and seriously interfered witli the jn-otits of the Company. liuil., |i. .'mo. In this year also the Russian sloops-of-war " Krcisser " and " Ladoga " arrived to enforce the ]>rovisions of the Ukase, and remained for t wo years. Iiiii, P jic. Au exploratory expedition, which remained absent two years, was dispatched from Sitka to the eastern shore of Rehring Sea. II) li., pp. 'jSC-sso. Ih 1823, a famine was feared at Sitka and on the; coast, and the " Rurik " and an American vessel which had been purchased, were sent to California and the Sandwich Islands for supplies. Referring to this incident, Bancroft writes : — Ibid., 1), 538. " -(^s in this iiuitiiiico, tlii> Coloiiiea hud fretiuoiitly been iclievt'd from wniit by Iriult' with foreigners ; end, indeed, • Ste note oil p. 11) referring to trading-vessels on the north- west I'onst. None of these tradirg-vessela were Hustian. Norili-west Coast, vol. i.pp. .".JO, 341 A1n>lta, pp. 537- 53'.). r>^? 1 ■ ' li \i I \ (I ! I; ;;! ■ n iH i m m ' i 78 {\\i~i uii-. t."> iilii'M ilir only mi'.in-- of ,ivi'i(iii,u ^i.ii v.iiiini Kvi'ii liftuiTi; 18IS .iii>l ISJJ, ulirn Mip|ilii-. vM'u- ..im- imiMlivi'ly .iliiiiuLiiil i; 1^. riiiisi-,!!!!- iiLiinly ol iiio\ ir-imis, wore i>1>iaiiu'il l>y liiiOic willi Amcritau Mini I'liiylisli I'oastiTs lo llic v.iluo ni' moiv tli:m ;'.(K>.Oiiii hniliK'.', m scrip." lu till! saiiu- vc;u', llu> - Uul) Ki)y," li'om NoriliwoKi (.'coi, . ■ '.I 1 it ii i »ol i, p, y4i. IJoslou, IS known to liiivo boon on tlio nortli-wcwt coast. In lS2k l\.()t/.i>ltn(\ in llic'" I'l'i'ilpriiitic/'iMllod Alaskn, p. .'i-JO, at Sitka. Al)oiit tliis tinu' tlu< sliaivlioUlers of Ibi.l., p. flji. tl\o Hussian t'onipaiiv protcslod aijainst th(> iutcrdiot of I'orcin'n tvado, and iSilka w.is, in con- siMnieiu'c, ai;'ain oin-ncd io .such trade. Ai'tiui* inidcr the antlmritv of tli(> Ukasi' of D.iU's y\la»li,\, 1821, tlu- United States' l.i-ig '• I'.mH," when on I'P- 238, Ja4. a voyagi' Ironi iioslun lo Sitka, Iiad been in tlie year 1822 seized l)y liie Uus-ii;in slooji " ApKllon." Count Nessi'irode, in iiis despateli to Count Lievcn ^211111 dune, l*^2.'5). when I'oniniiuiieatini; See Ap|HMiiii«, tlie suspension of ihe lMil Coniit, v(i). I, |). '^^ I. Aln»kn, p, MC: Iiotlor nf Hicwcr to Amiiry, ll.lt., ICi, Ddc.'-IOlli Ciiiiy , Villi Si-ns., No. 177, p. 8,V Alaikn, |). 6G5. Iliiil, p. 547. Nortli-wi'st Conut, vol, i, p ;14I, Aluiikii, pp, G48- Ibid,, p, SfiS. See /mtl, p. 83, ll^2", Lulki', sent liy (Im; |{ii>, a Itiissian vessel was s(miI i'roin Sitka to Oliile to trade. Sonii' ("xiilovatioiis were also made by llit^ Ifiissiiins in (lie inland eoiiiitry. In ]S,")(), explorations were made in Jleliriiif.^ Sea by I'itbob^n, Wrangell relieved CbiHiiukof in eoinniand. Tbe names ol' lour or live rr)rcif;n vesscds tradini; on tbe north-west coa,st in (bis and the I'ollowinf,' year are re- corded. In is;i2 or 18;].'{, Tebenkol" eslabli.sbed a post niiar the moiilh of tbe Viikoii, and explorations wero condiu^tfd inland. In 1H;{,'{, tli(? Hudson's May Company sent the Uritisb vessel " Dryao "to I'orm an Iwlablisbmeat at (be mouth of the Stikiiie, but VVrangidl, baviiii; beard of tbe enterprise, o(!cupiod the plac(( in advance, and turned the vessel baek. Damaj^es to the amount of 20,000/. were claimed throuf^b tin; Hritisb Government from Russia. This •will be relerred to later, A United States' whaling master, under a flve- ycar,s' ('ontract with tlu! Uussian Company, arrived at Sitka, but aobiovnd little. In IR.'Vt, tbo name of but one of the foreign vessels trading on tbo north-west coast is recorded. In ]83G, tbo "Eliza" was again at Sitlca, and three foreign trading-vessels arc recorded to have visited tbe Alaskan coast. Tfip case of the " Loriot." In the same year the United States' bring "Loriot" sailed from the Sandwich Islands for the north-west coast of America for the purpose [248J M tt; 1 . j':t \lim 1 » ■ 5 ' s;fa 11 m 80 ;'ii 'If * I. f '!(^- of prociu'iiit; i)i'oviNions, and iiKo liidiiiiiH tn hunt lor Hi'ii-odvrM on thi> const. Wlii'n in tlio CiiHO of thi< " Loriol, lliirl )()m' of Ti:i'kcs.saii, liitiliulc ^1*" ')') noi'tli nnd l()n;:;iindr M'S' .*!(>' west, ii Russian ainifd brif; oiclerrd tlu) "Loriot" to Icavo. 'I'liis n('lit)u was based on tlio expiration of the ju'iiod Kuued in tli(> I Vtli Arliele of tlie 'Treaty, « Iieiv by, lor ten years only, liberty to toneli and trade at itussiau Mstablitjlunoutsoii the eoasl was gr:int(>d. 'I'lie United States protested ajj;ainst tlio inter- ftoih Conif.. '.'nJ foronce with tlio " lioriot," charaeleri/iuf; it ns an "outraj^e," and liie I'ollowinj; is an extract p. 'J.'!;J. from inslruefioas wbieli wore seiil by llie United >*'••• App.-n.l.», •' vnl. II, I'lirl II, States' Secretary of State to Mr. Dallas, the No. c. jMinistor at St. IVtersbury;, uuder duto ttb May, 1H;}7 :— '■ On tho other liiiml. irij» ' Loriot,' for tlu'ir losses and for tho damages they have su.staineiI,suoh iiulemniliciilion as may, on iin iiivosti^atioii of the lie I'oiiiiil to ho ,|u-'tly duo to thi Mr. Dallas subsequently wrote that b(> was led to believe that l?ussian I'stablishiuents had been made at the places mentioned. >'ever- tbeloss, the United Stales conlcnded that at (bo expiration of the IVlh Article, the law of nations practieally i^avc United States' ships tho privileges therein mentioned. Mr. Dalbis (IGth August, 1837) wrote to the Secretary of Stat(> : — " Tho Ist Article asserts for both count i ics •,'encral ami permanent rights of navi;4ation, lishiuy, ami liadinL; with the natives, upon points not occiqucil liy oillioi-, uorlh or south of tho agreed parallel of latitude." Onili Conif., 2nJ }>(>S''., .Si'nntc Kx. I),.c. .No. IOC, p. 2;u. Sec Appendix, vol. ii, Part II, No. 7. Ibid., p. 236. See Appendix, vol. il, Part II, No 8. Ibid., p. 23-J. Hoc .\pprndix, vi>l. ii, I'ail II, No 7. Mr. Forsytli, Secretary of State for the United ibid., p 230. States, writing to IMr. Dallas on the ;3rd Novera- t^l. 'ii!Ta"r fn, her, 18;i7, aud referring to the Ist Article of the No. o Cnso of tlu' " Ldiiot." HI Coiivoiiiioii of April IH2I' Ixilwcisii (lie Uiiilod 8tal(iio\vliMl|ii.'s the ri^^lit of tin; L'liitcd Stiitf.-i lo lisli and tiudi' iih |i|iiii' In iln nugo- liutioHH." 'liW SOlli Cniif(,, 'Jnd Smn., Sennlo Kx. Doc. No. lOU, p. 238. See Appendix, vol. ii, I'liit II, No. 10. In Ills dospaloh of tlic 2!5r(l Fcliruary, 1838, Count Ncssolrodo, the lluss.an Foreign Minister, wrote to Mr. Dallas : — " It is true, indeed, tho Jst Aitielo of the Convention of 1821, lo which the iiro|iiietiirM of tho ' L()iiot ' ajiiieal, se(;iireH lo the eilizens of tho United !Staty Treaty or other iorin of obligation, iu favour of any community. " 'J'here is iirst a mutual ami perinaiien:- agreement ileclarat'iry of their resjiective rij^hts, without ilistiirbance or restraint, to navii,'ate and fi.sh in any ])art I'l' (he T'aeitio Oeean, and In resnrt to it.s enasts uihim |l(^illts whieh may j;oL already have luen ocenpied, in ordcu' to trade with tLo natives. These rij;las pre-e.\isted in each, and were not fiesh liberties resulting from the stijinlation. To navi- LMte, to fish, and to coa.st, a.s described, were righl.s of equal ctrtainfy, snimging from the .sanio source, and attached to the same quality of nationality. Tlieir exercise, however, was subjected tn certain restrictions and conditions, to the effect that the citizens and subjects of tho rontracting sovereignties should nob r. . wh^ro establish- ments existed without obtaining ]jerniissioii ; that no future establishments should lie formed by laic parly uortii, nor by the other jiarty south, of ."i4° -lit' north latitude; but; that, neverthele.s.s, botii might, lor a term of ten years, V ithout regard to wliether an establishment i/xisied or not, ?ithout obtaining permission, without any hiiulranct; whatever, freipient the interior .;oas, gulfs, harlionrs, iind creeks, to lish and trade with tlie natives. This shovt analysis leaves, on the (lueslion at issue, no lo'uu lor con- struction. " Tin; Undersigned submits tliat in no sense ca.'' the fourth Article be understood as implying an acknow- ledgment, Oil the part of the United States, of the right of Kussia to tie possession of the coast above the latitude of D4'' 40' Tior, '! ' 111 trausmitting- the papers relative to the I'nsidcnt " Loriot ' to Congress, the President of the j,,,j,g^ Dpcemhcr 3," \ Lnif ntl Slates obscrvctl .— ' 33«. State Papers, by Ilertslct, „, J , ,, ■ , I 11 1 vol. xxvi, p. 1330. " T le correspond jnce herewith com aunicated, will show^ "^ the g.'ouiids upon which we contend tiiat the citizens rference by Hussion officials with the Eritisli vessel " Dryad." Tiie claim for damages by the former Company wiis waived, on condi- tion that the latter should grant a lease of all their continental territory northward to Cape Sp(;iicer, Cross Sound (about latitude 58°), on a lixeil rental. Tiiis arrangement was for ten \e;irs, but was renewed and actually continued in force for twenty-eight years. In 1840, the British flag was hoisted and sainted at the mouth of the Stikinc, the Tludson's Bay Company taking possession. A post was also established by the Company at Taku InUt At this time whalers were just beginning to re.sou to Eehring Sea; from 18J:() to lSt2 a Ira'ge part of the fleet was engaged in whaling on tile '■ Kadiak grounds.' Writing in 1812, Etiiolen says, that for some time he luul lieen eonstandy receiving reports from various ptnts of the Ciilony of the jipjieainnee of Ameriean whaleis in lli(> neigiibourhood of tiie shores. in tiie same year Etiiolen relieved Kuprianof as Governor at Sitiva. In 1811, the Cliarter of tiie llussian-American Compiiny was renewed for a furtlier term of twenty years. Etiiolen reporteil the presence of fli'ly foreign whalers in IJehiiiig Sea. in 1812, according to Efholen, thirty foreign whalers were in Behring Sea. He asks the llussiau Government to send cmizer.s to preserve this sea as a mare clausum. Uis ellorts were, however, unsuccessful, tke Ihiil., V. f57. ll.id., p. 583, TiKliniiMiii It', fc'ec Appl.v ni'" TJiifi t the th-' [h\\UH\ «t;it'. ravt> to .\iiii'v;i-;\n cilizcus tlit- rif;lit to i>nt*,*38i" in lishi III whi'ii' I'V (iMll >r 111.' I?;a»ti«le I'cim, 111 1 II' siiiK' vtvir, tl oxpl'rt'iHiwis liy Alaska, pp S33. Zur in, which continuoii till 1**M', i.>«'> R;\y Comiiaiiy, rf'n<'li#«fl |ih#« tStiiikinc }x>i*t jiim^ MX' lie itflW :.no. tiiiii' lo i>n>v«Mit (an iipi'isiiiL;:. visitt»(! tlu- Hussian l'.-i Hlishnicnl Hitka nw4 coin pnnii plrli-nl ail tirraii'.'vint' iv hrlwccii the ('om- to intcnliot ivndr in .-n^iirils (in )li(< coast. Ahout this lime tlic l!iis}(«»Ki-.Vmovicau Com- pany 'iccamc alavnicd t\t \\\>- d(tff-««'r to th<^ir I'liv tivulo. HviM'v cll'ort Wius, (h(>rcl'orc, pni I'mwawl by the Conniaiiy and tho (Jovornors t.o induci' tk© on inn OHicc of th(> Russian (iovcniniciit to drive oil" tlii'si' whalers from the coasts, and hy exelndim: tiuMii I'or a L;'reai. distaiie.- liMm slinre prevent t respa sses (in -hore and •ail le. in I'll IV' In I81v>. explorations were carried out hv tho Ibii .70. Kiis ssians iiii tlie Snsieiiiivi ,ind Copper Irivert The -whalers, Irom ISK? to l^.Mt, landed on Ibi.l, pp. ."iss, Jdi the Aleutian and l\.uril(> Islands, eommittiuif depredations. Inited States" capt.iins openly carried on a tallie in f'li'-s \^illl tin- natives. Tikhinoni(>IT writes : - "From IStli to IS.'iO llioro wcii' conslMiit ciiiii|il Uu' (.'oiiiininy o 1' llu' iiii'U'M.sinL: liokliu'.vs of tlu" wliidiT.s, Tililimonirtf. rffe .\|ipi'mliit, vol. i. No. 5. In 181t) the Ciovcrnm'-tipni-ral ol' Kasiern Siberia asked tiiat I'oreii^u whalers shcnild not hi" allowed to come within lO Italian miles of tho Ihissian shores. TikhmenielV thus describes the result of these representations : — " Tho i'-;art words of the letlor from tlio Foreign Olfioc are as follows : — ■"Tlu- lixins of a lino nl sen wltliiu wliioli fori'iLtn vessels slidiilil lio pvohiliilod from wludiii;; oil' wi'rs, mi!,'ht leal to prutrsts, since no clciU' and "• onn asreeineiit lias yet li. cii arrived at anion;,' nation" , of;ar(l lo tho limit of jurisdiction nt sea.' IMS 1 i 18. ISIS. 1849. Tikhiiiciiifff. 8eo Appt'iiclix, vul. i, No. 5. Alaska, p. 584. 1S50, !bic!., p. 872. Ibid., p, 584. 85 " III J^ilT 11 rr])n'.'i'iitiiliiiii IViiiii (lovcnior Ti'liciikol' in ri'j^iml to new iigf^rt'ssiiiim (Hi tlir luiil, nl' llic wIkiIci'.s <;uvci riso ti) finlliiT coitcsiioiuIimcc. Some lime IkIoh', in JtiiU! IHKi.tlii! f IdVcriKii-di'iMniil 'il' Mnstcrii Silii'ii;i liud uxpi'CMHcd liis (i|iini<)n tliiil, in oriliT to liiiiil, IIk^ wljiilini; oponitidii.i of I'orcij^'iK!: , il woiilcl lio (iiir to lorliid llii'iii (o coiiii'. witliiii 'lO lluliiiii iiiilt'H of our sliorc'.^, i.lio pcjils ol' iVlldlnvulovsk iimUJiik lo \»: u.scIuiIimI, mid iv iniyinciil of iOO .silver I'oulilub to bo duiiiuiidcil lit Uiok(! \hi\\h fmiii cvi'iy vt's.'ii'l for tlii^ lij^lil of wliidiii;;. Hi! rccoiMinriiiiiid llml n sliip of war .should lie. cniiiloyril a.s ii iinizi r lo walili foiri;;ii vcsscl.s. Tlic Fori:i;,'li Ollico cxiircssly stated as follows, in ifply : — ■■ ' W'l' liavr no ri^ld, to rxcladr foirij;ii slii|(!; from tlial. |iail of till' CJn'at Orcai; wiiicli sc|iiiiiiti'S llii' raHtiaii sliorii of Siberia fioiii tlie iiortli-wc'sterii slioie of Aliiei ii a, or to niako llio ]iayiiieiit of a sum of money a (jondilioii lo iillowiii},' tlieiu lo take whales.' "The. l"on'i'_;ii Ollico were of oiiinioii tlint the lixin;,' of the liiii' loferreil to aliove woalil re(i|ieii the ilisiiissions foriiieily carrieil on helwei'ii I'iii^'laiid and f'laiiei' cii llie Hiiliieel. 'J'he liliiil of II eiinoii-sliol , thai i-< iihoiil, I? Italian miles, would nione ijive ri.^e lo no dis|iiile. The ForeiL,'ll ( )llii e oliseived, ill coneliHioii. tlial no I'owi r hail yet siieceeiied in limitiiiL; the IVeedom of lisliiii'.^ in open seas, and lliat siieh pretentions had never heeii lecoi^ni/.ed hy till' other I'nwels. They were eoiitidiMit I lial tlie littiii;,' out of colonial criii/.ers would jnil an I'lid ti all ditliriillies ; llicie had not yet heen liiiiu lo test llie ellieacy of ihis nieasiire." Ill IS 17, trnfTic in fur-soal skins was cnrriod on l)y i\ irnilcd Slato.s' wIialcM- at Holii'ini^' Island. In 1848, foreign whaling vessels entered llio Aretie Ocean by way of ]3eliring Straits for the first time. Ill ]S|;> tlie wlialiiig fleet in the Arctic and ncrtliern part of the IS'm'th TaiMJic iiiiniliered 20!) vessels. Two-thirds of tliese are said to liavc licen United Stales' vessels, hut others were Prcnch and English, the latt(>r chiclly from Australasia. A Russian AVhaling Corniiaiiy for the North I'acific was formed at Aho, in I'^inlimd, with special privileges. This Company sent ont six vessels in all. In 1850, tho Uritish vessels " ilerald," " i'lover," and " Investigator," all dispatehed in search of Sir John Franklin's expedition, met in Kotzebue Sound, after passing through ]5ehring Strait. Jn tho siime year an armed Ihissian corvette was ordered to cruize in the Pacific, and in this year it is estimated that 300, and in later years im '( I ill m\ '■ I ■i • i t i I- 1 ■■ ,1 I i 1 1 ■ t l.t : i 4 8(5 i »>■ .i |i M Ibid., p. " l'"ncxcln| [p iiii Uritannica,** vol. xi."c, |i. '•yi.\. n-< nuiny as oOO foroigii whaloi'a visited the \ r.'tic and uoighboufing waters. Tebcnkof s administratiou came to an end in Al.iska, p. 585 tills year. In IS')!, Xulato, a fort on the Yukon some way inland, was surpri.sod liy Indians and tlio inmates butchoretl, inchidini;' Tiieutenant Barnai'd, an l]iij^lis1i ofrteerof Her ^lajesty's ship " Enter- prise," one of tlio ships en'4:au;ed in the expedition in .'^earc]l of Sir John Franklin. The " Enterprise '' ])assed JJehring Strait on tlie (Mil May, 18.51. Tlie United States' whalinj:^ licet is said to have been as munerons as in 18 M). IMio interval between the close of Tebonkofs ■^""'^•'' 1' ''8" administration and the beginning of that ol' A'oicvodsky was tilled by the teinporaiy appoint- ment of llosonburg and Iludakof. In 1852, buildings at the Hot Springs, near ">'''•. I'- ^74. i^itka, were destroyed by the Indians. The valno of catch of ihe Avhaling fleet in "''''•■ P- 6^"- tiic North racitio in this year is estimated at 1 t,000,000 dullars. After 1852 the whaling industry gradually deercuscHl. In 1853, war impending between England and Ihiil, p. 570, Russia, the Hudson's Bay and Russiau-Anierican Companies influenced their respective Govern- ments to pi'ohibit hostilities on the north-west coast of America. lu the same year the llussian-Araerican Com- Tiiilmicnicnr. pany again sjieeially requested tlie Otiverninent to ^,„| i ^^ .-, prohibit Aviialers from enleriug Okhotsk Sea, but without success. Instructions were, however, issued to ilussian cruizers to prevent whalers I'rom entering bays or gulfs, or from coming within 3 Italian miles of tlie snores. Tikbiaenielf gives the following details: — Some time before tin Company had written to the Foreign Onico (22nd JNlarch, 1853) :— !«!• isr.L>. 13.^3, " If it is I'nuiut impiiii'liculilu eiitiicly to jiioliiliit lor !i IbiJ timu li.'^liiiin liy I'oiciniR'is in tin; Hcii of (Jkliotsk, as nji ilihuiil .ii'ii, woiilil iL not, at any rate, In; po.ssil.ile (•iliuially to [)iohii)it wlialeis from inmin^r tlo.su to our slioros and whaling in the bay.s ami anions tln^ islands, dftucliiny onci of tlio criiizuvs of the Xaiiilchalka llolilhi foi thi.s service \ " The instructions to cruizers were approved on the 9tli December, 1853. 'JHie cruizers were to see that no whalers entered the l;ays or gulfs, 97 or came within 3 Italian miles of the shores of Russian America (north of 54° 41'), the Peninsula of Kamtcliatka, Siberia, the Kadjak Archipclacfo, the A.lcutian Islands, the Prihyloft' and Commander Islands, and the others in Behring Sea, the Kn riles, Sakhalin, the Shantar Islands, and the others in the Sea of Okhotsk to the north of 46" 30' north. The cruizers were inst.-neted constantly to keep in view that :— "Our Oovorninoiit not (nity docs not wish to pvohilnt or put olistaclcs ill tlic way of whaling by foie'.f,'uers in the nnrtiii-'m jKirt of thu riuifie Dcoiin, lint iillows foreigners to take whales in the Sea >if Oiihotsk, wliieii, as stuted in tliose instir.otions, ii, from Us r/eoriraphical position, a Human inhnul fca." (Thesf words arc in italics in the oiicriiral.) \rA. Alaska, p. 584 Ibid., p. 585. isr.n. IbiH., p. 585. IS.'.C. )iii. Ibid. Fishery Industries of the United States, sec. v, vol. i, p. 210. Alaika, p. S80. Fishery Industries of the United States, sec. v, vol. i, p. 210. Ibid., p. 2 I " Pniladelphia Nortli American Ga«etle," Friday, April 12, 1807. E.\. Doc. No. 177, '.iiid Sen., 40th ConK., p. 30. 1SC2. 1SG3 1SG4. 186:.. 18CC. 1807 m The value of the catch of the North Pacific Alaska, p. 6£n. whaling fleet was estimated at 3,200,000 dollars. In 1868, tho lease of the " coast strip " of Ibid,, p. 593. Alaska to the Hudson's Bay Company by the Russian-American Company expired. mi. bM 89 AVlialingimtuttry. "Fishery Industries of tlie United Slates." sec. 5, vul. ii, pp. 84, 85. Statistics of United States' Whaling Industry. {North Pacific Grounds, including Okhotsk and Behring Seas and Arctic Ocean.) Tho growth and declino ol' the wlmliui^ industry during the years discussed in tliis cliapter may be eouveniently ilhistiatod hy the t'oUowiui? Table, wliicli shows the number of United States' vessels in the North Pacific whaling fleet from 1841 to 1867. It is taken from "The Fishery Industries of the United States," 1887, section 5, vol. ii, pp. 81-85. (This list does not include Avhalers of other nationalities.) !'i; Yenr. Number of Vcsacls. 1841 •20 1842 29 1843 108 1844 no 1845 263 1846 292 1847 177 1848 159 1849 155 1850 144 18fil 138 1852 278 1853 238 1854 232 1855 217 18.56 178 1857 143 1858 190 1859 176 18f)0 I'Jl 18G1 76 1802 31 1863 42 1804 68 1865 59 1806 95 1807 90 I! i Wiilius hmilinu Ibi.i , p. 314. The whaling-vessels frequenting Behring Sea and the Arctic Ocean, from the lirst, engaged to a certain extent in walrus hunting, and about 18G0 such liunting began to bo an important secondary object witli the Avlialers. In subse- qncnt years many thousand barrels of Avalrus oil and great quantities of skins and ivory were secured. [248] K 2 MS If m I. ' . 11 111 1 1 • 1 t^ : 1 ; I- : it "ii 90 The facts stated in this chapter establish : — That from the year 1821 to the year 1867 the rights of navigation and fishing in the waters of Behring Sea were freely exercised by the vessels of the United States, Great Britain, and other foreign nations, and were recognized as existing by Russia. That the waters of Behring Sea were treated by llussia as being subject to the provisions of tho Treaties of 182^ and 1825. Cession »{ IM7 mid wliiit passed by it to llu: I'liited States. 91 CUAPTJiR V. The Cession of 1807 and what passed by it. The fourth question or point in Article VI of the Treaty is as follows : — Did not all the rlijhts of Russia as to jurisdiction and as la the seat fisheries in Behrintj Sea east of the water boundary, in the Treaty between the United Stales and Russia of the 'iOth March, 1867, pass unimpaired to the United States under that Treaty ? This question may couvonioutly be treated unilcr the t'oUawiur heads, as proposed on p. 10 :— (E.) What rights passed to the United States under the Treaty of the 30th March, 1867. (E.) The Action of the United Slates and Russia from 1867 to 1886. (G.) The contentious of the United States since the vear 1886. :l I'l II; , 1 '-I* ( i I , V I' ' Te\l of Treaty of Ccasioii, 18G7. United Stales' Statutes at Largo, pp. 539-543. For Englisb version, sec Apppndix, vol. ii, Part III, No. 3. Uead (E). — What riijhts passed to the United Stales under the Treaty of March 30, 1867 ? The Ibllowiug is the text of the Treaty of Cession of Alaska as signed : — " Sii Miijo.-ili' rKiniioiL'iu- (K; Touie.'< lo.s l!ll.'^■^iL'» et ic.-i Etuls-Uiiis d'.Vinorii[>io, drsivuiit ratruriiiir, «'il 'j.st jms.silile, 111 boiilie iiitelligciiei' q\ii e.xistc outre uux, out iioiiiiii'', a cot elt'et, iHj\ir lours iik'iiiiioteutiuircs, sii^nir: " Sii Majoste rKiuperour du Tuutes Ics itussics, K; ( on- seiller rrive fidouard du Stoeckl, «on Eiivoyi' Kxtraordi- uaire et Ministre rieiiiiioteiitiaire aiix l.tats-riii.'i ; et " Le I'rt'sideiit des Elats-l'nis lo .Sieur AVilliimi H, Seward, Secretaire d'l^tat ; " Les(iuel.s, apres avciir ecliaii^'o luur.i pleius pouvoirn, truuvos ell lionui' et due lunuc, out iurele et "liguc le* articles suivaut.s : — i^'N m jflji ■mm if 02 li '^ "ARTICLE I. " Sii Majostu rEmpeieur do Toules lea RuHHies a'cnRftgC' pur cetto convention, h cdlcr aux fitats-Uniy, imniuiliatu- mcnt aprts I't'cliani^o ties ratilications, toul lo tuiritoiru avoo droit do souverainetO nctuellenient possi'dd par Sa Majest(5 sur lo continent d'Aniuriqnc, ninai (jUe les ilea contigui'S, 1(! dit terriloiio clant cunipris danH lea liniites gdogrnpliiquBH ci-desaous indinnt'os, Navoir : la liniito orientale est la ligno de demarcation entre les possesHions russes et britannicnies dans I'Amt'riciuo du Nord, ainai qu'elle est etablio par la convention conclno entre la Russic ct la Gramle-Hretagne, le 16 (28) J Siiint-l.iuiri'iU ct lu ijnint mut-cst dii C'li]) (.'lioii- kotski jnsqu'an iiiAidien cont snixantc-douzii'ino do longi- tude nnest ; dc nc ])i>iiii, i"i iifirtir dc rinliTscction do co nit'ridion, octto liinilo suit unc dirnctioii Riui-nupst di> mnnii^ro k pnssei- i"i di^ifnurc dyinlo oiitro I'llo d'Attou ot I'Tlo f 'oppor du <{i'oupn d'ilot.H Konimiidor-iki dniia rOrunii I'acifirpte Septfiitiioiial, jusfiu'au iii/iiilieu do rent iitinlrc- vingt-trcizo dcgrt's de lonj,'itiide ouost, do imuiiiTii I'l I'U- clavnr, duns Ic tcnitoiiv ci'di', toiiti's les lie-* Ali'uiiU'-; aitui'i's I'l I'l'st de ce nu'ridirn. "ARTICLE n. " T)ans ' 3 teiTitoiro cmU \mv I'artido pn'ci'dfint I'l la SouvcrainetL' des fitats-l'nis, sont coni])ri9 lu droit de pro- prieti^ snr tons les terrains et places publics, terrcs inoccii- pi'es, tnutfS los cunstTiictio'is pul)liqut'3, fortifications, cascvnos, (^t autrcs cdillces (lui ne sont pas propritHi' priv(5(i individuellc. II est, ttnitcfois, entcndu ut convcnu quo les i'f;li«cs, construites par Ic goiivernonient russc snr lo teriitoire ccdi', resteront la propriiHc des nieniUrcs do r%liso Orocquo Orientalo rcsidaiit dans ce tcrritoire et nppnrtenaiit a cc cidtc. Tons les arciiives, iiai)iers, et dociuucnts du }^o>ivcnieinerit, ayant trail au susdit terri- toire, et qui y sont nmintenaut deposes, seront plact'sentro les mains de I'agent des Etats-Unis ; niais les fttats-l'nis fourniroiit to\ijours ([uand il y aura lieu, des copies legalist'es de ces documents au 5,'uuvernoment russe, aux oHicicrs on sujets russes qui ponrront en fairc la dcniande. • AirriCM'. III. " 11 est n'serve aux habitants du territoiro cdde le choix do garder luur nationiilitd et de rentrer en Eussie dans respacu de trois ans ; mais s'ils prcKrent vester dans le tcnitoirc c6di, ils seront admis, a I'exception loutefois tle.s tribus sauvages, i\ jonir de tons les droits, avantagos, et immunites des citoyens des fitats-Unis, et ils seront maintenus ct proteges dans le plein exercice de leur liberie, droit de propviote, et religion. Les tribus sauvages seront assujetties aux lois et reglements ([ue les fitats-Unis pourront adopter, dc temps en temps, i\ I'l'gard des tribus nborigenes de ce pays. ¥■ 'in / ir'llit; i':.\ "ARTICLE IV. " Sii ^rajcste riMiipereur de Toutes les Russies nommora, aussitot (pin possible, iin agent ou aux agents chargds de remettre, formellcment, i\ I'agent ou des agents nonim($s par les Rtats-Unis, lo tevritoire, la souverainete, les pro- prietes, depeudanccs, et npparteuances ainsi cedees et de ilie.sscr tout outre actc (pii sora ndcessairc lY racconiplisse- nient ile colle transaction. Mais la cession, avec le droit de po.ssession iunuediate, doit toutclbis etrc considdrde complete ct absulue a li'diiuige .les ratiiications, sans otteiiduiLi remise foimcUe. I ■1 '>' m j5 IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 128 m ■10 Ui ■ 2.2 Vi Its u Li 2.0 I 1:25 III ,.4 |||L6 ^ 6" >■ Hiotographic Sciences Corporation 33 WIST MAI^. £TMIT WItSTM.N.Y. 14SM (716) •72-4303 i V 04 " AHTK LK V. " liuiiiuiUnteiiu'iit apivs IV'cImngo des ratilioations de cette convention, los fortiticatioiis et les postes militaircs qui se trouveroiit siir h; torritoii''.' ci'dt' snront reniis a I'agent dos fituts-Uuis, I't lea troupes russca qui sout aUtioniieos dans le dit U'lTitoire seront retirees dans un terme pratieable, et qui puisso ronvenir anx deux partie.0, " ARTICLK VF. " En consideration de la susditc cession, les fttats-Unis s'engageut ii payer ii la tresoivrie a 'Wnsliin^ton, dans le tertno de dix mois ajires I'eoliange ties ratillcatious de cette convention, sept millions deux cent niiile dollara en or, au repn'sentant diplomatique on tout autre a;^nt de Sa ^lajesti^ I'Empereur de Toutes les Uussies ditnicnt aut;.risd i recevoir cette somnio La cession du territoire avec droit de souvorainete fiiito par cette convention, est declaii'o libre et (k'gagee de toutes n'servations, privileges, fran- chises, ou possessions j)ar des conipagnies russes on tout autre, 1^'alemcnt (.'Onstituees ou autrement, ou par des associations, aauf simpleinent les proprietaires possddant des biens prives individuels, et la cession ainsi faite tronsftre tons les droits, franchises, et privileges apparte- nant actuellement a la Kussic dans lo dit territoire et ses ddpendancos. "ARTICLE vn. " Ijursquc cette convention aura etc dflmeni ratifieo par Sa MujCstii rEniporour tie Toutes les Russies d'une part, et par le President des Ktats-Unis, avec I'avis et le consentement du si'nat, de I'aatre, les ratifications en seront echangiies a Washington dans le terme de trois mois, a compter du jour tie la signature, ou plus tot si faire se pent. " En foi lie quoi, les plenipotentiaires rospectifs ont signd cette convention et y ont apjiosi' le seeau tie leurs amies. " Fait 11 Washington, le 18 (30) jour de Mars, de I'nn do Notre Seigneur mille hiiit cent soixante-aept. (LS.) " ftDOUARD DE STOECKL (L.S.) • WILLIAM H. SEWARD. " Treaty of 18GT *: It may l)ft romarkod, in the first place, that though the expression " water Iwundary " in the question at the head of this cliapter may ho accepted as an approximate paraphrase of tlio original expression employed in the Treaty, it is not a correct translation of the words " la limito occidentale des territoires c6d«5s," which are ren- dered in the official English translation, pub- united Stales' lished by the United States' Government, " the Sututw at Urge, western limit Mith?a which the territories and pp. 639-848.' dominion conveyed are contained," The Treaty diicuRSPd. ■■Jm Ko ifK»\ dominion over waters |Ch*ncter of the western geographical limit, and rtason for its adoption. AUiUian Idandt, Ac. M It will bo obsenred that in none of tlieso Articles is there a reference to any extraordinary or special dominion over the waters of the Boh ring Sea, nor, indeed, over any otlicr portion of the North Pacific Ocean. Even in the passage last cited the word " dominion " oppcars to have no equivalent in the original French version. Neither is there a suggestion that any special maritime right existed which could be convoyed. The language of the Convention is, on the contrary, most carefully confined to territory witli the right of sovereignty actually possessed by Russia at the date of the cession. In Article I the limits of a portion of the Behring Sea are defined in order to show tlie boundaries within which the territory ceded " sur le Continent d'Am^rique ainsi quo lus lies con- tigues " is contained. In Article YI, Russia again makes it errpbatio that she is conveying " les droits, franchises, et privileges appartenant actuellement h la Russie dans le dit Tcrritoire et ses dupendances." The final clause of Article I distinctly nega* tives any implication of an attempt to convey any portion of the high seas — for the said western line is drawn, not so as to embrace any part of the high seas, but, as cxpinissed in the apt language of the Treaty - " de manihe a cnclaver, dans le dit territoire ceW, toutes les lies Ale'outes siiu^es a I'est de ce me'ridien," Had the intention been to convev the waters of the Hehring Sea eastward of thu western limit, the words "ainsi que les iles contigu£s" would not have been used, but words would have been chosen to indicate the area of the open sea con- veyed, and it would have been unnecessary to specifically mention the islands. There was good reason for a line of demarca< tion of the character specified. The islands in the Aleutian chain and in Behring Sea were not well defined geographically, and could therefore not be used for tho accurate delimitation of territory ceded. In fact, even the term Aleutian Archipelago was indefinite in its signification, often including islands which were on the Asiatic side of Ut'hring Sea, and far from the Island of Attu, the western' most island of the Aleutian group intended to be [218] 96 ' \ ' Memuir, Ilisto- J8^o. Qreenhow, for instance, writes : — T\\e Aleutian Archipthyo is considered by the Russmnst liS consisting of three groups of islands. Nearest Aliaskn are the Fux Islands, of which the largest nro Unimak, Unalashka,a.\\A I'mnak; uexl tothe!iearotho..4n(fru.'si'^ Idamh, amon" wlii'ih are Atscha, Tonaja, and Kanaga, r!cal anil I'oliiicjI. witli many sniiiUcr islands, sometimes called the Hat cm« o'f Norir'' fslands; the most wcst«>ru group is that Knt called the America. &r., Iiy Aleutian or Alcoutdi/ Islands, whith are Atlu, Mednoi (or Robert Grecnlu.w, n T t n in -IT, I •. / -\ Translator and Copper lilaml), and Beerin'js Islana (p. a). Librarian ••> llic Department of In the " History of Oregon and California," &c., f^jf 'cot'"'"' ' by the same author, the Commander Islands Ist Sen fl7^ '. (Copper and Behring Islands) are again classed among the Aleutian Islands, which are said to be included under two governmental dis- tricts by the Russians, the Commander Islands belonging to the western of these districts (p. 38). Orccnhow also states that the name " Aleutian Islands " was first applied to Copper and Behring Islands. Indeed, in many Maps of various dates, the title Aleutian Islands is so placed as impliedly to include the Commander Islands, in some it is restricted to a portion of the chain now recognized by that name. Similar diversity in usage, with frequent instances of the inclusion of the Com- mander Islands as a part of the Aleutian Islands, is found in geographical works of r&rious dates. From this uncertainty in usage in respect to the name of the Aleutian Islands (though these are now commonly considered to end to the west- ward at Attn Island), it is obvious that, in defining a general boundary between the Russian and United States' possess'ons, it might have given rise to grave subsequent doubts and questions to have stated merely that the whole of the Aleutian Islands belonged to the United States. Neither would this liave covered the case presented by the various scattered islands to the north of the Aleutian chain proper, while to have enumerated the various islands, M'hicli often appeared and still sometimes appear on diiTerent Maps under alternative names, would have been perplexing and unsatisfactory, from the very great number of these to be found in and about Behring Sea. It was thus entirely natural to define con- ventionally a general division fixed by an imaginary line so drawn as according to the best published Maps to avoid touching any known islands. C'Imracler o( the western geojjrai.a: i limit, and reason for its l^.^u^,^ Aleutian Islands, ie. I,n,<.,fe. t survey of Behring Sim. Appriiilix Xo. J iif United Stales' (^o.ut Survry, Toast Pilot of Alaska, 1S69, Part 1, |. iOJ. 97 The occasion for n western limit of the kind adopted is the more obvious, when it is '>ome in mind that many of the islands in and about Bohrin!» Sen are even at the present day very imperfectly surveyed, and more or less uncertain in position. The following is from the "Coast Pilot of Alaska" (United States' Coast Survey, 1869) :— " Thu following list of the geograpliicul iiositions of places, priiicipully upon the cnast of Alaska, has been c iinpi'eJ chiefly from Russian authorities. In itH prepara- tion the intention was to introduce all determinations of position that appeared to have Iwen made by actual obser- vation, even when tne localities are quite close. In the Archipelago Alexander most of Vancouver's latitudes have been introduced, although in such waters they are not of' great practical value. " It is believed the latitudes are generally within 2 miles of the actual position, and in many cases whore several observers had determined them independently, the errors may bo l^ss than a mile. The longitudes of har- bours regularly visited by vessels of the Russian- American Company appe ir to be fairly determined, except toward the western tcnuination of the Aleutian chain, where large discrepancies, reiiching 30' of arc, are exhibited by the comparison of results between Russian authorities and the United States' E.vploring Expedition to the North Pacific in 1855. Tositions by different authorities are given in some instances to show these discrepancies. The comparison of latitudes and longitudes at Victoria, Fort Simpson, Sitka, Chilkaht, Kadiak, and Unalaska, between English and Russian and the United States' coast survey determinations, exhibit laiger errors than might have been expected. " The uncertainties that exist in the geographical position of many islands, headlands, straits, and reefs, the great dissimilarity of outline and extent of recent exami- nations of some of the Western Aleutians, the want "C reliable data concerning the tides, cui rents, and winds, the almost total want of detailed descriptions of headlands, reefs, bays, straits, &c., and the ciicumstantial testimony of the Aleutian fishermen concerning islands visited by them and not laid down upon the Charts, point to the great necessity lor an exhaustive geographical reconnais- sance of the coast, ns was done for the coast of the United States between Mexico and British Columbia." Even the latest United States' Chart of what are now known as the Aleutian Islands (No. G8, published in 1891) is based chiefly on information obtained by the " North Pacific Surveying Expedition " under Rogers, which was carried out in the schooner "Fenimore Cooper" in 1855. On sheet 1 of this Chart (embracing the western part of the Aleutian [248] O 2 08 Islands) such notes as the following are found : — "Tlio latest Russian Charts place Bouldyr Island 10 miles due south of the position given here, which is from a determination by Sumner's method. "The low islands lietween Goroloi and loulakh, ex- cepting the west point of Uiialga, are from Russian authorities, which, however, are widely discrepant." Similarly, in tho corresponding British Ad- miralty Chart (No. 1501), published in 1890, we find the remark : — '' Mostly from old and imperfect British, Russian, and American surveys." On the Chart of Behrin:; Soa, published by the United States in 18!)1. a small islet is shown north of St. Matthew IsliUd, near the centre of the sea, which docs nut appear on the special Map of St. Matthew Island published in 1875, and \Yhich could not be found in 1891. That the line drawn through Behring Sea between Russian and United States' possessions was thus intended and regarded merely as a ready and definite mode of indicating which of the numerous islands in a partially explored sea should belong to either Power, is further shown by a consideration of the northern portion of the same line, which is the portion fir^t defined in the Treaty. From the initial point in Behring Strait, which is carefully described, the "limite occi- dentile" of territories ceded to the United States " reraonte en ligne directe, sans limitation, vers Ic nord, jusqu'a ce qu'ellc so perd dans la Mer Glaciale," or, in tho United States' ofTieial trans- lation "proceeds due north without limitation into the same Frozen Ocean." The " geographical limit " in this the northern part of its length runs through an ocean which had at no time been surrounded by Russian territory, and whieh had never betn claimed as reserved by Russia in any way; to which, on tho contrary, special stipulations for access had been made in connection with t'lo Anglo-Russian Convention of 1825, and which since 1818 or 1819 had been frequented by whalers and walrus- hunters of various nations, while no single fur- seal has ever been found within it. It is therefore very clear that the geographical limit thus projected towards the north could hare Limit continued through Arctic Oeeu '-** Det»t«a in CoDgreas on CeaaioD of Alaska Ucmohal of LccialatTire of Territory of WasliingtOD. United Sta'et' SrnatF, F.x. Dnf. No. I77.4i!ih Conir.i 2nd Sck.i p. 133. M been intended only to define the owneraliip of such islands, if any, as mi:;ht suhfscqucntly be discovered in this imperfectly explored ocean ; and when, tlnrefore, the Treaty proceeded to define the course of "the same veslern limit" {cetle limite occidentale) from the initial point in BehriiiL,' Strait to the southward and westward across Boliring Sea, it is obvious that it continued to possess the Haoie character and value. Debates in Congress on the Cession of Alaska, 1867, 1808. Kcithcr the Pebatcs in Congress— which pre- ceded and resulted in the cession and its ratiflca- cation by the United States, nor the Treaty by which it was carried into efTect, nor the subse- quent legislation by the United States, indicate the transfer or acquisition of any exclusive or extraordinary rights in Behring Sea. On the contrary, they show that no such idea was then conceived. In ansAver to a Resolution of the House of Representatives of the 19th December, 1807, calling for all correspondence and information in the possession of the Executive in regard to the country proposed to be ceded by the Treaty, the Memorial of the Legislature of Washington Territory (which was made the occasion for the negotiation}, together with Mr. Sumner's speech iu the Senate, were among other documents transmitted. This Memorial shows that United States' citizens were already engaged in fisliing from Cortcz Banks to Behriiig Strait, and that they had never been under any apprehension of interference with such fishing by Russia, but desired to secure coast facilities, especially for the purposes of curing fish and repairing vessels. The Memorial is as follows : ~ "To his Excellency Andrew Johnson, President of the United States. " Your memorialists, the Legislative Assembly of Wash ington Territoiy, beg leave to show that abuudanco of cod* fish, halibut, and salmon, of excellent quality, have been found along the shores of tho Russian possessions. Youi memorialists respectfully request your excellency to obtain such rights and privileges of the Government of Bnsaia as vrill enable our fishing-vessels to visit the porta I' ^R |l Mil I ii (feii 1 : il Hi •I'i "\.'j 100 aiid hnrlKHirn i>f its |iossepflionR to tlio end tlutl fuol, wnt«-r. iiml provisions may bo I'lmily nlilaiiUHl ; tlmt our sick nml (lisiilileil li.slii'i'iiiun iiiiiy olitniii sanitary nssistunce. toj-ollirr with tlio juiviii'ijo of curing; lisli iinil rcpiiirini,' vessels in upcil of repairs. Your nicnioriiilists fnrliior request tlmt tlic Tix'iisury Dopiirtnient lie instructed to forward to tlie Collector of Customs of this I'ugct Sound district such tlshin)^ licences, abstract journals, and l(i(»-l«'okK as will enable our liiirdy tishcrnicn to obtain tho bounties now provided and ]inid to tho tishcrmcn in tlin yVtlantic States. Your nienioiialists finally pray your Excellency to emjiloy such slii])s us may bo spared from the Taeitic naval lleet in cxplorini,' and surveying tho lisliinjj banks known to navifjators to exist along llio Pacific ("oast from the Cortei bank to Behrini; Straits. " And, as in iluty bound, your memorialists will uver pray. "Passed tho Hoaso of Representatives, January 10, 1866. (Signed) •• KDWARD KLDKIDGK. Spealn: " House of RejrrtMntalitts. " Passed the Council, .January l.'i, 1866. 'HAUVKY K. MINES, PcM,,/*,./ " of tht Council." In the dohato wliich took place in Congross upon the subject of the Acquisition of Alaska, the value of the proposed purchase, and tho natttro of tho int<>rests and property proposed to he acquired, were fully discussed. The debate Mas protracted, and many leading Members spoke at length. To none of them did it occur to suggest the existence of an exclusive jurisdiction over any waters or fisheries distant more than 3 miles from land. On the contrary, 'S\r. Sumner, who had charge of the measure in tho Senate, after pointing out that seals wero to be found on tho " rocks and recesses " of the territory to be acquired, which would therefore make the acquisition more valuable, in touching upon the fisheries and marine animals foimd at sea, admitted that they were free to the world, contending, however, that the possession of the coast would give advantages to the United States' fishermen for the outfitting of their vessels and the curing of their catch. "With reference to the whale fishery he re- marked : — " The Narwhal with his two long tusks of ivory, out of United States' which was made the famous throne of the early Danish Senate, Ei. Doc. ,1 . .1 T- /-> 1^ . . ^o- 1'7, 40th kings, bclonj^s to the Frozen Ocean ; but ho, too, strays Coiir., 2nd Heu., into the straits below. As no sea is now mare cluusum P- '83. all these may bo pursued by a ship under any flag,' ^ j '^T 6 ' c-ACcpt directly on the coast and within its territorial Deliatos in Cuniirw,) 101 IffhBlfH ill ('onprc"" limit. And yet it Koonm lu if thu |)oiMii»Hioii of tliiit coast iM n cniinni'i'ciiil liiinn niuxt ni^cusmtrily ^'ivo to it« jioople l>eciilinr ailvnntflKcs in thi« piiiKuit " Uiiileil SlatCK* CuiiKrciiiniitl Drbntcn, fniiii " ('onRrrtxioiiitl (ilobe," Di'cvmbcr II, 18C7, lUtli Cong , t2ii(l >Sc>i' , Tort I, p. 13'^'. Mr. Wnsliburn, of Wisconsin, m'u\ : " But, Sir, there Ims never bcnn u day since Vitiw HolirinK' viKlitud llmt cuont until tiui pro.tvnt wlicn lliti IMiuplu iif all iiatiuua liavu not livun ulluwcd to lish liiorc, and to citru liaii so fur oh tiicy i^n lie cured in a country wlu^ru tliey Imve only Iroiu forty-livi! to sixty (iloiiaant day.i ill the wliolo year. Kii};laiiil, wlioae iflatioim with Ifus.siu arc Ihr less friendly than "urw, has a trtiaty with that (lovernnienl hy which HritiHli aulgeclH nic. allowp(l to li.ih and euii' tish on llmt coast. Nay, mon-, sin: hiw a treaty giving her subjects for uvor the free navi^at iun of the rivers of Russian Ainerion, and iiuikiiig Sitka a fren |)ort to thi" coinniorcc of Great Hritain." Lnitrd Slate*' Congreiiional DebatM, from " Con|{re(iiDnal Globe," July 1, 1808, 40tb ConK In 1868 Mr. Ferriss spoko as follows : — " That cxtensivo fishing hanks exist in these northern seas is (inito certain ; but what exclusive titlu do wo got to thcni ? They are said to be far out at sen, and nowhoro 3nd Sets., Part IV, within 3 marine Icainies of the islaudd or main shore." p. 8667. Mr. Peters, in the course of Iii« speech. re> marked:— ... Ibid., p. 966ii. " I believe that all the evidence upon the subject proves the proposition of Alaska's worthlessness to be true. Of course, 1 would not deny that her cod tishcries, if she has them, would be somewhat valuable ; but it seems doubtful if fish can find sun enough to l)e cured on her shores, and if even that is so, mjr friend from Wisconsin (Mr. Wash- burn) shows pretty conclusively that in existing treaties we had that right already." United 8tate»' CoDgretilonal Debates, from Appendix to '' CongresiioDil Globe," July 9. 1868, 40th Con;., 2nd Set*.. Psrt V, p. 490. See alio Alaikn, p. 670. Mr. Williams, in speaking of the value of the iishcries, said : — •And now as to the fishes, which may ho calle \tliiil II liiiiiiiii;! mIiiiiiio In 11 mil In tin lliiil we Imvi' lint II n|iiii m\ i'iiiiIi III III! ilinl wiili'iy ilr llili ' for)|<^lllll|!, nil lIlK MJllli', I lull. \V|< IlilVl' lll<> lllll|(l< III lIlillO noun willioiil ||ii< li'iivi" of iiiiOioily , •linl llin |i|ivili>';i< nf lniiiliii|! iiii\»lii, if wniili-il. AH tliiil III liiinliii;; nil lliK li'iiilmy liy tli« lliill'ili; 111111, kIiovo nil, lliiil nri'iii'illii)] In tlii< ollli'lnl l(i|Hiiior rii|iliilii Hiuriihl, no liHliiii;; lunik \u\% lipon ilini'iivrioil wiUiili lliii lilliiHiiili litliliiilri 1 1 iM tlinivlon* rnlnliliiiliiHl : — Tlint KiiKiiin'N rigliln " nn to jurimlioMiin nnil nn (o fli(< »ii»al llHlH in I'.iint V of Ailiolo VI of Mio 'I'nvil.v of lsi»2, WtMi' ttiu'ii only nn \von< Iuth iicoonliiiK (o infi'r» nnlinnal liiu, hy ivnNon of lior i'm\\{ (o (ho |>oil 117. MM. Ililil., |i 7)1. [,\ I "(liilv '7, I'ti'M. Killmu "I '"'mIm iiiiiliiliili'il llnildl HuIm' Sliiliili'^ nl l.-irifi', vol. XV. |i. '.'41. llilO., |) .tlH. Swrplurv HmitwcH's Keport. 4 1 It Cong.. 9nd 8«n., K%. Doc. No. )0f». <'ii \n I II VI. Ill Ml (I'l 7Vi< (>/(-iii /./ Ihr I'liihil Sliili'-, ii.iil fhinniii I mill IMC.T In |MM(| NVIm'ii. ill iiiii»i'(|ii«'iiri' of llic I'l'MHi'iii III' Alimkri »«t II ^^lli| Ihi-ir MoviTi'iKiilj oviT Mil' IViltvl'ilT (nr " Hi'iil ") UJaiidn ill |MI17, xi'mIitm (iI iiiiim" IuiuIciI hm I|ii' ltr)'('(liii(f icnoi'Ik III' I III' fiii--«i-liMi'f| hy miili'iH mi ((I'ihiiiiIh \« lii't'i- nil |{<*^Miliiliiiim >mti- in rurcc, In I III' yi'iir I Mm, nt IcnHl, iilO.HOd m-n\n fin- i'f|iiirl(ii| In liuvr Imicii Ifikni, iinil H^,^|(^t^ in Iho liillKMiiiu; ,viir. In \iv\\ nf IIijh wli'ilfsnli' th'Nl.nirtliin III' hi-iiIn, IIm' I'liili-il NhilcM' (idviTii- nicnl (li'ciili'il, ill tlic fxi-niif of lliflr nniloiiliti'il riiflif of Icri'iloriiil Hov<'i'<'i(^nly, lo Icnm' llicm- >ic(il rool(i\vh ol' tlii! I iiil4(l .SInlcii ri-lfitiiiK l'» Cimlonm and Niivij^ation (;lioii l>i<0!», a llrsoiiMion wrm |iftss(!d liy tlicHcnalcand IIoum-oI' i{f|)i("-chl'itivi >. 8|M'ciully I'C'si'rviiijj for (iovernmciit jdiriK/ws llic Islands of Ht. I'tiul and St (jfori^c, and forbidding any one; lO land or r«main there uitliriuf jMirmi)*- HJon of tlio 8ocr»!taiy of the TrnaHury. Mr. Boutwell'H HejOTrt, as Sorretary of ihi- Treasury, jirccedcd an Act of the Ist July, 1870. Thifi lleport discloses no suggestion of juri-Hdiction at a greater distance than 3 miles from the shore- lino. With knowledge of the raids upon the [248] ? r.i i." in 1(Vl MnwiU 1111(1 till' cvi'^ltniM' ..I" Mc:i|.|niii«iiij; HoliooiUMs, Mr. Moiilui'll (l«rlt ii|H.n (Ih< iii.jiiis oI" protoolinir tlic hcuI ixhiiuU t<\\\\ . Ili' riM-mii- hii'ikIimI till)) tho (JiiviMnm.iil ..f lli(< UnKoil Sliitis nIioiiIiI i1s(«U iiiHlciinKc lln- ifMmini'int'iH of U«» lniMiiii'Ns of (lu« isliiiuN, mill slmiilil " oxchiilp t«vi'r,vl)0(l> liiil its nv^ii mtviihIs miil AKt'iiU .... mill NiilijiM't vcHMfIs lliiil loiu'li i lint! to forlVitiiiv, fxoopt \\\w\\ tlif.v an' iIiImmi Ui H«'k Hlii>Uor or tor ihm'ohhhi.v n>|>airH." On thi' \>t .Fuly, IH70. an Act \v,ns |tas«iMl •M s,.,. |iln.. lim.V, or Kiir-liiaiinv; animals in .\laska." Iivn wliirli rniUMl Smir.. thr fii|li>«in'; .ir.- CNliails: Siv .\|.|>.iiili«. IW It iMiiiiiiil \>\ ilip s. iMio ami lliiiiii' of Ufyrt' *" ' '' >n'iiiiilivi'i« of ilii< I'liili'.! Siiiii'H I.I' AiiH'ii.ii 111 (■.iii:;ivn. nni.-inlili'if. ttiiil It hIiuII I'l' iiiiljiufiil i.' Kill .iiiv iiii- Hi'iil li|".il till' ihI.hi.I- of Si r,nil iin.l si (;,.M.:f . . . i lli. >;,l,,-' .t-f/«.'...MA /v/o, f\if|i| iliiriii.4 till' iii>iiillii «'l .liiiiiv .lu'v Sonli'iuU'i'. rtiiil Oi'IhIh'I ill I'lirli Vi'iii . iiml it •«liiill I"' iniliiudil to kill Miiili simIh III ^iiiv liinc I'V tlu' iim' "I liv- niiMs, 111 iiHi- otlii'i' iiiniii.i li'iiiliiii; 111 ilnvc ilic -^ywU :i\vuy fniiii siiiil iiditiitlH " S.'.liiin 2. .\iiil 1"' il riniliiT -■ imli'il. iliil il "liiiP li.i luilnwfiil 111 kill miv f('iM;\l(' seal, or iiiiy ■: as al'i'Vi' |i|-i>- vi.li'il . aiiil II >-liall al.tii W iinLiMl'iil I" kill an\ ■'imiI i/i ihi inti, ID ifljiiifiil III XiUil ii/mi'ls. >'Y on llir Imii Ih'h, cIiMh, or nvk-- wlii-n- llit>v haul ni> Ironi llu' M'a In rrinain, • • • • •• .Scriion I .\nil 1><' it Inrtlu'i I'liarliMl. iliat inimnliali'lx after llu' iia^si'^i' ol' lliw A.t. lln' Snn i.ny of llu- Tn'aMii\ .■•liall \vM>\ It iIu> ronlnl iin'iilionoil in sciion t! of tliia Act. fiir a tcnii of twciiiy yoai-s. iVoiii llic Ut iluy of May IS70, tlu- iij;lit to iMi:a.;<' in llm lm>iiii'N.s of lakiiiK fiir-'i'als on llic Islamls ol S| I'aiil aiiil Si iJooi;;!', ami lo ■iciiil a Si"isi'l or vi'isols 111 sMJil iskniiU for llu' •-kini of «iuli M'aN • • • • Soition">. .\iul I'O il fiiillirr ciiacti'il. lliat , . . any iifi'sim who sliall Kill any Inrscal mi i illirrof said i.--l,iinl», or II) Mr iiiittfi ihljifi-i III Ihn-tU' . . willmul aulliorily of iho loiM'Os llioivol' . . . shall lu' ■loi'liiiil ; iiillv ol a niisilinicaiii'iir." Act of .Tiilv, m:o Seal IMaluU to !«• loa-o.l In tlu' yoar l^'O, a lonsc was oxccntid on lu'lialf of tlio Unitoil Sfntoa' (Jovfrnmont in ^ . ,. Sri- A|'p«iinil| favour ot tho .Vlaska Commercial Conipany, as *i>l. i. No. 7. prDviiUHl for in this Act, It covcivd tliv Islands ol'St. Cioorijr and St. I'aiil only. Tlio followin;? instrui-lions from (lio Tirasnry IViiartnu'nt show that the ndministratioii con- lintil fill' IntorfortMvo of thHr ofllcors to fhoso scal-himtors only who attempted htnding upon the isliinds : — LcniM* »if AInska CoiniiioiviiilC"rai«:'l liistrnctiuiiH to Unitod Sinn's' offiiTuI *•! Nil H.-t. |i. ;ui lU.i Trfi'iiii/ !>• luiiiiiiiiii, Ki'l,„il>.i 1(1. |H7n II. II , -4 till CinIM , " '""■ l"llii«lii ' \'.\ Iivr < llilri, ii'IjiIiii^ In I III' illl|Hitlii- '•' N-.«., !•',«. \hw I I' I, till. iiiiM ilii' IhIiiiiiU nf Si I'iiiiI mill SI rt(ii, »lllllli till i||i|ii>l III Al.i'('nii;l Ilia Alllikil <'ii|llllli'ri'lill I 'ii||l|>llM\ III lllkl' II lllllllnil i|lllllllily iif liii' iiini'< mill iiiiiiiiiiiiiiiiiii III Niijil iHlniiil'i, hiiI'iitI In iIik 'lllri hull III till' liM'llilr iiMirrl'i llii'li' mill 'iivili'){|i );ililllii| I'l llir MiiiM 'ii|li|iiiliy JH lliil III II 'I'll ; tli.il, no lilii- iiniiM I'f any Mini iiii' rvir imi'il I'', .iiti'l (.'iiiii|i.iiiy in llin killiii;; nf M'lil'' HI nllirr llir iH'.i'ilii^ iiiiiiiiil'i, (III nr iifiir villi/ inliiiii/.H,iit nnii llii' IiiiimiIm iirMnilsni Ni'iiiiltcrH in llir iliNiiii I, nni Ini liny |iiiiiiiimi mIimIi'Vit. iliiriiiK' I In' iimiii'i'i III rliiiir, .Inly, Aii^iixl, Si'iiii'iiiln'r, mnl I Irtnlirr nf mrli yi'iii. mil' uftcr till' iii'i'iviii III' hi'iiIh in ili<- >:|ii'in){ m li't'inn llii'ir ili'|iiirliiir III till' lull (ix('«|itiiiK for imui'HMiry |ii'otc4'- tiiin mill ilrrriHi' ii^iiitiHl, nmniuili'i's or imlilic i-iiuiuipM wlm niiiy iinliiw iiillt iillriii|il In liiinl ii|iiiii Ilii- iHlmi'JH In all iilliir i'i>.4|ii'rl.M, till' iiiHtini lit IIH III' llii' Hih I'Vliniarv. 1^711, will ii'iniiin ill Inn c. "WM. A UlcnAI'rSON ' Aillny Srrrrliirii. No. S.I, pp. n-M. " Trramir)/ Dqmrlniriil, Wiis/iivylnii, l),(. ., "Sir. •• Sijilniil"!- I'.l, IHVO. II K. 'I Mil ( '(IIIK., '' i'lil'"'*' lii'ii'Witli a ni|iy (if a iftlcr, ilntcd llio I7lli Ni s.'j..., I'x. Dw. inst;iiit, tidin N. I. Jullrii'ti, iillnnii'y fur tin! AluHkii ('oin- nii'iiiiil rninpiiny. irrilin;,' lliiit ii Nulici- recently ii|i)i('iiii'ii in Mil' ' Alta ('nlifnniiii ' iii'UMpii|i('r, ]itililiHli«'i| in ymii i iiy, nf till- inlciuli'il Htiiiint} nf llii' Hchooiu-r ' Maty Ziipliyr ' Im ihi' Islmiiln nf Sl I'aiil and St In'myc. • r.y liii! 'Jill S('('tiiiii nf llii' Acl nf till' IhI .Inly. IHTO, I'lililli'il 'All All to jircvitiil till' Kxti'miiiiiilion of Kiir- lic.irin;{ AniinalM in Ala.sKa,' it iH jirovidcd llial tin: Si'cio- liiry of llif Trt'iisiiry, iiiiiiicdiuii ly 'ifliT the pasnagK nt said Act, sliall luatic to proper and n'spniiHililc puitius, &c,, Stc, the ri};lil lu 0U(;ur;u iu llui InisiiiCiw of tiikin;^ fiir-ficula on (liu lulaiids of St. I'mil uiid .St. Uuorfji', and to ttoini a vesiiol or vnaselH to said isIaudD for the Hkins of ouch .-lealH, &v. , • (2481 PI 10(5 ' Tliis \fi\>K' liiis licfii iiwanluil to llii' l'iiiii|iiiiiy almst' Uiliiioil fur tin' term nf twenty veiirs, a coiiv nl' wliicli is liorewitli iiu'Insi'd ; ■• il tlio rofiiu'st of (ii'iu'ial .lullVies lliat an oDii'ial annoniu'ciiit'iit l>n tiiailit of tlio award of said loaso. and that no vessels except those of the (ioverti- ment and of said t'oinpaiiy will bo allowed to toucli or land at eitiier of said islands, may he roniplied with, and you will please eause sueh Notice to be pnhlished in one or more of the Sau Francisco uewspapers, at the expense of said Company. '■ 1 am, \c., (Signed) "WM. A. UlCHAKDtiON. " Act till/ fkiirtiin/. "T. ti. rhelps, Ks.i., " (.'ollector of Customs, " Sun fraiici.sco, Calil'oriiia. " CuMom-tu)n!llfrl<,r\i Offu-f, Sfplniihir :!t), 1 8711. " 1 have the honour to acknowledge the reeeijit of your letter of the lOth iiistaut, relative to the puhli.shed Xotice ol the sailing of the s//i,r, M,i,rli L'r>, |S7J. '■ I ili'i'iii it iiri)|ii'V It) cull lliu ntloiilioii df llic licpiiil- IIIUIIl tci I'l'l'tain nillKilll's wllicll M|i|>Uill to lir Wrll llUtJKMitiniU'd, till' '^iil>slaiiro III' wlili'li ii|.|>isii.M in tlit> |ii iiitnl A\\< liiKi'ii liiiiii I III ■ I ):iiK ( liiiiiiioji' ' of this (lull', Ill'll'Witll ilK.lliNCll. " III lulilitioii t(i till' x'M'i.il SI lii'iiii's iiii'iitiiiiiuil ill this piilnf, inriiiiiiiilioii liiis ciiiiii' 111 this ullirt' fil' iiiintlii'i' whiih is liciiiL,' iii-^iiiiizud lit the lliiwiiiiiiii l.sliiiiils fur tlio siiiiit! iPiirposL'. It is Well known tliiit, lUiriiit; tlii,' iiiuiitli (if Miiy ami tlii' early imit of ■Iiim.' in each year, tlio hir-seal, in llieir niij,'nition from tliL' soniliwiml lu iSi. I'anl anil Sf. ( !i'orj;L' Islmids, luiilornily niovu tlinmgli Uoniniak I'ass in laryi' imnihL'is, anil alsu tlironj,'li llii; niUTiiw stinits neur thai luusx which scpaiati' sevunil small islunils IVom tliu Ali'utiiui groiiii, •'Till' oliJL'ct of tlii'st.' suvcral cxiicditiiins is iiiii|ui'stiim- iilily to intt'iri'id tlit' fui-seuls at these narrow jiassagus during the period aliove mentioned, and tlieii', liy means of small lioats maimed liy skilful Indiaus or Aleutian hunters, make indisorimimite alaughlei of tlione animals in the water, after the miiiiner of hunliiig sra-otters. " The evil to lie apprehended from such proeeediiigs is not so inui'li in rospeet of the loss resulting from the deslructiiiii of the seals at tlmse jihiees (although the killing of each female is in eflect the destruction of two seals), but the danger lies in diverting these animals from their aecustoiiied eourse to the islands of St. I'aul and St. (ieorge, their only haunts in ilic I'liited States. " It is lielieved liv those who have made the peculiar nature and liahits of tho.se animals a study, that if they are hy any means seriously diverted from the line upon which they have been accustomed to mo\e northwaitl in their imssage to these islands, there is great danger uf their Beokiiig other haunts, ami slupiild this occur the natural bclection would be Komandorsky I.slands, tIiicIi lie jusl opposite the I'ribylov group, near the coast of Kamsciiatka, owned by liussia, and are now the haunt of fur-seals. " That the successful prosecution of the above-mentioned Hcheme» wouhl have the effect to drive the seals from their accustomed course there can be no doubt. Con- sidering, therefore, alone the danger which is here threat- ened to the intereut of the Ciovernment in the seal tisheries, i. if! uw ,(» i»i«i>iii»l i>>\(iinii' ili'ilvi'il I'lum III!' niimc, I hiUi' ilio hi>u>ii\r til »\)^;^i>'«i, I'kv tln' .'KUnt'loindmi ol (tu> Miiiiili> Si>iMv»rti'V i<|' dill r)-<>rt«in\, (In' mn'-Jliim wli.'ihi'i ihi' ,\>i »lM\ily 1. IMT'V i>-1h(imi; i.> (1i.>" iWln'iii''), .Im'* (\.>( ;Uitlm>i.-o \\u inli'lfi'loni'i' In tiioiUH ul' (i'\<>nni< ciiHow i.< ^^^^^^l ri>i>M )\m\i iloinn ■^\w\\ in\ iM>'i«ni(l'li> l»ixol\n>r 1.1 \\w> \\\\\u\\<\\< lMtowi«(, sluMiM il\i' (liminiinlilii Siii'itHrtCv iIiumuM i'\|n>ilnmMi>»iiml H rllUi'l HUH lldWi' ««(\>rn, I Wiilllil »>"<|i(..'||'lllly "MW'*' iliid .< . I. Mill i'i\Hi'i wiiul.l 111' ^iMi' 111 ii'iiili'i Iho iiiiisl .'Hi. ll'lll .•I'IM.i' WU\ lllill II -illiiul.l 111' III III.' 'I'.'.lilll 111' iK'ii\m,iK l'i««i 111. I M I'liiil .tiiil '^l vii'Hiuii I iliiiili liv III!' I, 'ill .'I M;i\ Ui'\l I .1111 .Vi (Msjui'ill T. (i rnrii'i, (',.//^,'/.ic lAS-ii \i,< /V,i.-«»i • /M./v t'Vv.ii.V," l/,i)vA ;.'l, 1"*T'| li !•< >Mii..i 111 i\-li.il'li' .-..lunii'i. i.il .'iiA'li'^ ilmt iiiiilii". Ill Aii-ilwiliM UN' |m'|iniiiu; 111 III .ml iiii i'v|'i'ilili.'ii (or dii' I'lip- I m>- ..| l\n !»i'al> iii Hi'li' iii.; N'ii I'll.' jili'ii'iil lii",li |'i i. "> nl' l\il !«>';il liilN m I .iii,\.>i\ mill llii' l'.inM|i<';iii iii^ilki Im Im i m li'il |s'\xi'\l\illy m sdiniiliitiiii; i'i((i'i'|in>' uii'iilu'iu'il (liiit i\ Vi.'tiiiinn Com- l';in\ \V!V* orj;rt»i?i'>l (.'I r:i(.'luu;; fur si'iiN in llu' Nnrtl* l^>^M^u' Vuodii'V (vnty i\\\ i\)iv\\\ n')inv«ontit(}; Niimi' I'rt-Xi'iii .'iH'it.ili^ls IvH I'Oi'U in ihii I'Uy I'm- lln' yn'^i yywA niiiknii; unnnii"! i>m l.i llu' U>*.Hil'ility oC oiyniiimng «\1 I'Vl'l'iiUl.'tl l-'l llkl' I'llljl.Wl'!* ii " Mr. Hi»itH^I M V> /'^rZ/u. " Trt>>*urit l^-fiiti-lmt'tit. ll'.i,iunn<'iii lo n'lljiin rniiii.nvs I'itvuluiuj; 111 Siiii I'lrtii. I-*!'.', 1.' till' I'lVi'.i tliiil cvju'iiiliimn an- 111 stall ii\';n An>ti;ili.i mul tlir IliUMiiiiin Islmuls tn t;iki' I'lir sca^N I'll tlii'ii ;il>iuMl iui);\iiliiin to tin' IsliinilR of St Tavil iVtul St (Jciir;;*' lIltMllijIi till' ii:mxi\v rii.-*.-* of (V'liiinak Y.'ii u'lommoiiil to out olY tlio |i.i.ssiliili(y of i'\il ivMihinc to till- intoti'st,^ of tlio I'liitoil Statos fi\iin thi'si' 1 viisluii'ii- tluit ;i ii'voniu' I'litti'v W si'iit to tln> U'jii.'ii of iV'iumak Pass liy tlio l.'illi M;»y iiovt A \or> t'liU I ouvorsiUiou wivi lu'lilwitli I'aiiiam Hryiiiit ujMii this snlinvl v.ltilc he was at tin l'('|iaitiiii'nl, ami he iMiuii\i%l it to K' ...Uu'ly iiujiiiii iioaliK to luako siioli nn I'XjHsliiioii a j'.iyiUj; .uo, iuttsimii'li a." tlic .--oals fit sinjily 01 u! ; airs, aiiii ii. '. in omvcs. awd oovcr a larj^' irgioii of wstfi- in tlu'ir hoiu»'v\ai\l tnnol to tln'so islaitils, atul he did not .<«vin to foiU tliat tlio soali woiilil bo ili on fknm tlioii aoviistonuHl rosorts. ovon woiv siu-li attoin|il4i mndo. • In aJiUtion. I d" not stv that the Uuitoil Statoa wmild ha\ ho mristii-.tion or jxivroT to drive off ^ Arties iffiing up I Ml) iMvr. (I|iiiilc>ll mIHih i(-|iiiv Kinli llli'lc I'lii iIkiI piiiiiMiii null"'; IIm'V iihiI'm -iiili rillrniiil WKllill II iniilllii' |i'ii){U<< III ll|i< nlmM' * "All III |i|i'Hnii( iiilviiii'il. I i| I lliiiil il i..|.c.il|i III, III OniT.Y mil yiMil i i IIMIIlirMlli III llll' I ll<|lllll|IM III Milt Inilllll lull: III iiiliM liiuUini V" "<'*v III' iilil" t.^m, Mni.l. ir,, |,y ,.,„,,.,, „|(,,,„|,(„ .. (,, i^iii „,,„!„ j„ ||„, ,,,„|,,.,H,^ or widiin II. rillo mIihI mI' the Hlinrc." Ill |H7ri, MI|lll>Mlill|t lllivitiir IIiImi'II I||| III IIHIMin'H fiillliiii°il,V 111 irnml. lif'i'iM'i M I'lir IIm' ii'if of lln' Mi'im riiiiliriiiiiiH l.ii |hliii' wliji li riilliiiiiriii^ \\\{\ wiiuli- jH'rioiJ iJimMmm-ii in liiin urU H. II. Conm-r, owniT of " \V. I', Hnywiiril." Iliii'l'fnrtliti L'liilril Nintri, No. 0, (VIoIht Term, 1 8110. p. IU7. * III IbHH (aftir till* oiTiirirm'n uC llic m iiiircn of firiliuli vi'iivU ill IHS6 kiiil iHH7>Mr. liiuitwill, l.y rcqiiciil, i «|i!iiiiiM|, ill u li'lli'r lUtail lliv l'in|i'in'i', iln | mlniit tlin (^Iniin of (ii'iint Hritoiii llinl my l>?tliT !• tii inliniaiiiiii of Hriv rii(lit ■ilvnrtn to ill* lUiiix uf tlui t'liili'il Mali • in llic viatiTi kiiowo an Hrhrinft ^ca. My li'ller liml n-frri'itri- >oli'ly lo ilie «»t'.-ii of the Pacl6c Oceto toutli of th* Aleutian lultnil*." m: ' H ''• i !■ li ' ^ :U; \ 1. i % ;i 'i '\ ' ' It ! ;' i -■ '' 1 * ■: km 110 WIimIits fonliiiiiiMl :is lu'l'di'i" to IVfiiiiriil tin* WlmliiiK iinlii.iiv walci"* liolli t>!>s( iiud wosi of (lie liin> (IcscrilM'il ill |.||,|,p,v |,„i,„(|i.n llK'TriMtvctflSd". Tho cxlciil ol' tlu'irniKMVilioiis "t'lli'' l'"ii''i npptMi-s ntmi tlic follDWinij; lalilo, wliicli sliows ,,,1, ,i, p. h,^. flio MumlxT of vi'ssols oom|tc)Ninfj llio NoWli PiUMlIc wlialiii;; nri>1 nftcr the (laic (if (ln' Alaska Cossioii.' Y.-:ir. Niinilior of IHttr 00 IHIiH (.1 IFC.'.l 4:1 1H70 ■1(1 iSTl :is ISTi 'ji is7:t ;io ISTt •J8 isr.-. in isTi; IH IS" ISTS l.sT'.i ISSO 17 '21 in AKii I'li'vi-n fori'iKii voui'Ih. Al"ii M'Vfii fiiriiKii vcusiN. ANii »ix fiiri'iun voiirln. AIhh iiiiir rnroiKU m'shcIr. All I'll! Ncvi 11 111' llic llirl wrri" loKt, iiiolmlii))); I'mir f'triMKii AIki) llMU' I'lHI'inU M'SMcl". A1»n lour fiiiciKii vpsk'N, Almi fi) ir InrciKii vokcIh. Al«ii Imii' r ici^M Vi"-»i I". All liiit I'JKlit III' ilii< fli-i'l liol, iiNii two l'0ll'i(tll M'XlN. Till 11' III' till- (li'i'l wi'ic lntimioiislv praofiscd liy tm' whalers '•"'•ii'K |.'i,i,ery |„,|.„iri.-H lliosi' v(>ars, and in si>ni<' veal's laru^tMinantities of »f ilio ruiii'il walrus ivorv and oil wore olitaiiuMi : — " Tlu' Aiiiir wlialinjj llcci IVum 1S70 to IHSd, inclusive, is I'sliiimli'il li> h.iM' in|ilnrpil IllO.OllO Wiilnis, |ii'iiilui'iii^ I OOl'i.l'Oli ;;;il!iiiisi>f nil mill M'.IS.SliS llix of iviirv, iil'n Inliil Viiliif 111' l.'.'tid.iMhi ,l,.l|.irs." Siiiii'i, HOC. n, vol. ii. |mrt 17, pp. UI8 rl iirq. Wilh'im lllltitili),'. Til 1>^"2 cxiit^iitions for scaling in Holirinir Soa wnv reporli'il to lifl filtini? out in various placos, jj „ j,^ .. as appears from Air. IMiolps' letter of the 251 !• No h.i, p. las, starch in that year, already i|uoto(l. and ii\ 187.. spm, "'''^' a schooner was n^ported as hnvinii: heen soon shoot ini; seals ainonu; the seal islands. Ivan Pol roll", Sp(>cinl Coniinissioner of th«ii., vol. xvlii, HUiIo 11 iiiiinlior of ihoiu aro socuroa liy liuiitcni, who shoot ,,. cfl. or sjioar them ii.s thoy find tlioiu iisloep nl sea. Also, siuiiU vessels mo titled out in Sun Fmiiei.seo, which ro>;ulnrly cruize in the.se waters for the purpose nloiio of .shooting sleoiiin;: seal." * .'Ml vrttrls not siailio); iiiuirr the UnitPii Stntea' flag nre fixrifieil in llii» Table A% '' forvi^," Seal liiililiii);. u im Ill ir u.. i;«. iw. Nn. 40, 4Mt rmiir , 3ril Hi>«»., vn'. xviii, p. CH, II H . t'«. Dne. No. 19:1, 4niii ("oiiK., I«l S(.«. 11 II., V.X. Dnr. Nn. ,18H;I, Adili Cung.| Uiiil !Si>«., p. flH. Ciiniplninl?! "f lii'prf'dnticiiiR on rciiiki'iii'M, Letter fmiii Mr. d'Aiicniiii. Ili'jily of Mr. ImciicIi. II. a., Ex. Doe, AOtli CntiK., '.^11(1 Iwtt., No. 3HH», p 281. Ami lio ndds: — "Till' Ciir Irnili' 'A' lliii i.itiiiti y. uilli tli" e\.'p|i| imi nf tliiit •iiiifhiiJ III //if .■.■/■/(/ iJiiiiih jiikI hi'I ii|iiiit liv liiw, IM I'lei' III nil li'i;ili|||..||i. I'lilerpi i-^i'." iSciiliiit^-VfsHclM jiiiil (licif (vilclics wi'fo (i'hh ivportcd by (Im' United Slufcs' {•iilh'r " (!i>r\viii," Itiil none were inlcriVicd wil.li wlicn oiilsidc n\' tlin .'l-tiiili> liiiiil. Ill 1HHI MM A'.,'iMl) (.!' (he I'llillMl Hl!l!l's' fJoviTiiiMcitl sidird lli.'i) dmiiiL,' tiii' p^mf. hvcidy yn\'H |»ridiilily I'X) vossids li.id " jiiviwlod " nliuiil. Ilio IViliyldll' InImihIs. Tim Ai,'iMits of lli(> IJiiilcil Mlairs' (Idvcriimciif. Moid, to tin' Ni'iil isl.iiKJs pri'vioinly to IHS(( (•mi- timiiilly I'i'porli'd upon the intidi'i|ii!icy of llic prot.rclioii ol' tlii' isiiiiMU, iiikI tliry I'rctpKMitly I'olVri'i'd to dcprcddtioiis upon tlw rookoricH l>y tlio crcwN of vo.sscjs sc'iiin^ in Hi-lifiii'.; Sc.-i. Karly in IHMl.Collcctor I). A d'yVnfonii,«if S.in iVaiicisco, iippc-irs to liavf f('(|ii('Ntcd inl'ortniition from tho 'rccuNiiry Depart mcnt, at, WaHliin<;ton in rr^'ard lot li«! meaning placed by that Dr'partment upon tlio law ref.jnlatinf,' the kiliiiif^of fnr-heafini; animals in the terrifoi-y of Alaska, and specially IIS to the interpretation of the (erins " watiM's Ihoreof " Jind "Haters iidjiieent, thereto," as used in tlio law, and h(;w far the j(irisdi(;fion of the United (States was to bo understood as extiindiny;. in rejily, .Acting Se<'retary II. I'. French, of theTreasmy Department, wrot '■ as follows (»n tho I2tli March, IRHl: - ■' Sir. " Vmir li^lli'r iif til" l!Mli iilliiiH), rr'i|iii'.stiim cerliiiii iiiriiiiiiiitiiiii ill ri'pinl lo llii' nii'uiiiii^ |i!m('<'i| liy tliis |)i'|MU'liiit'iil ii|> ImIiiihIi, Till' liiii- mil* itii'iiii' ill II Munlll \M"i|i'llv ilili-rdKII, mi HI (ii I'lii'i lillilwiU ImiIwi'I'II \W liluiiil .i| \ii.i,« mill ('.i|i|ii'i I'lliiii.! i>r llii' Kiiiiiimi- lnwKi (.1, I «iiii)i|i-t i«i )ii'i 111 wyA luinjitiiili' Ml llin uid'ii MUluil lliil luimi.lilM t.illi.i W.'Mi'liI I'li'l I'l (111' Ali'lKlilll .\i\lii|H'l i>;ii mill rliiiiii iif iilmiil'<. mii ruiiiiiliiivil iw iniii- |Hl-i.i,l widiiii (liii «n(ii(t nt AlrtuKil Tti|ll(iilV " All lllti I'lMlnllll''' I'lVMlHilu'll |l\ lllW IIHHillMl llll' Ulllill)! nl' fill ln'iiiiim miiiiiiil-i \\ii\ilil III 'ni|iiii' iiKiii'li i|imiiil idiv >iiilii(lii|i I'l lii« \Mlli\(i (111' liiiiili lirfuli' ilii|irllliril (^I'liiiih ' 11 r riK'Ncii, (,'/iM.; ,Vi'i l>^t'i/ " \\ (lv>i>s (lol !(|>i>(V(( ln>((t ,'(((> oMUmmI (li>i'(i((\i'i(l'( ll\:\t (\i\> !»«'lioi( MMM liisi"il ii( (lii^i li'ltt'c, Kiiil \\\\ voii>un>H u»ic<> n(!\il(>, n((il no >M(((\liii;o(l iit si>:(li(\i< IicmkiiI llio (M>lii\:M\ (iMcilovinl li(\\\l>i )»v(oc (k IS^d. !il(iiii((«ll ;(t \y'A^\ «>l\i' |l\'i(ixh Vi'HKiil (s KlIONXI III IllIM' lni|MI iMiuKiiisl i(\ uxolv sodidtj i(( ISSl, ;(i\il (in li'^s lldiii tl\i(too(» \>oix< so ('((fj.nifoil i(( lss.%. Two of (l(i>si> nntii rniiu , vml vosM'ls !uv staloil to \\'\\y l(oo(\ spoken liv h r(\il«>il ^;" v"";!'' ''• ' ■ I'nr !\ii 10(1, Slidos' (H'\o(\\\i>-»M(((ov, \uli>ou( lioidn ii( n((V «n\ |«. cu. n\ol('sloil. K>\\ \W yiwA M;t\. ISSl, |.io(i(»t!\ii( of 11(0 v\\\w\ •;;,""" ''r";.':' ' ^, S'»« , No. (iO'J, Slatos' n<\iM\((o-s(o;((((iir " (^>v^vi(l " (o \\\\W\\ a((il y VH t»> soivo oc avix'sl 'm\\ vosso', oc pocsods .•((l»M((|tli(\g to tako soals oo(\t(';((\ (o law. Av'liiui (Kiiloc tl(OM> i((st('\»ot(oi(s. l,ii'((lona((l IMil , ji ;i;(. \\\\i avivstivl tho " AilMo." ol Uan(l((((ir, (i(\stnvo Isaav'siMi, n\asiov, wilii tl\it'o olUcocs aoil n ocow- of iMs:l\t>v(\ .laj>a(iOM\ wl'o(\ at adolior otV vlioro. Tho l,iou(onrt»t was v-a»vr»»l to n8»irai;iHl it\ soalinjj ashoro, nod liaviiij^ wait<\l tho ivtuvw of llio ship's lu«>t wliioh oamt* Kiok lv\ailt lj\it/, wjvm'IshI that, A(ii'iNir,(MV of tho vossol. It is found tliat f(vm ISlIT ih)W(\ to add jnoludinsc 1SS,\ vosso's oontinuod to visit add hunt in lVhri(\jj Siv> without intorfoiv(io«> whou outsido of tho owlinacy torritocial jurisdiotiod. I'ho oin'umstanoos whioh appoar to havo K>d to a ohango of oflloial \wVw\ 'n 188(5 will ho r«^lat»\i honviftor. It may Iv iMUVoniont at this jniint to rofor to questions whioh wotv raiso*i hy oocurronocs ii\ tho Asiatio vvaters of the Pacific, adjnoonf to Russian totritory. Ni< «ii|>u(rn i((nili< lu'lniii lii ii; I in |l|.|>ll|r'l III uljM'hil. mill lli'liilhu HiMH. UumkIii in (thiuihh iniil nrfiihn/ K,<,i>i. l*iH|Mil("< iMkvmiMirit lliMii f»iin< niiMi'ii riNincliiiK Uli.ili'i ' Ml n|iliiii-, Hi'iiliiiK mill (tlifiiiiiir ill (»l|iirm'iil(ilivi"i iil. VViiMliin-rl,,,, ^'j,.,! ".V, IH7(li mIhuvi IIi'iI uIimIci'. liJH • •iiKiit,'i'il ill (nl«iiiir mciiIn ; " ',' Will. IIM' WlllmillM ll;nc|i,(i||.| IIVMI, lllnj II, MIC Ml III III V I' Dm ■<: ' A Willi.iiHM, I II, "f ' ''.lllK'l IhkI. ulll will lIlMJ lll'.l iiiiiliiy, iiMil .'I'liiirl I l,i,|,. I 'M 'II,. y l.i'.li Hull lll|'ll|l|..|M III |||f> I 'Mil-i mill wh.ili' 1, mill Im>| HI illc f.ii II Kimil iiiiiiiy y/ III ; iiy dm l.'i'ii ,it ',' 'I III I lllllj ,111 llll(||.,ir III lliI'MC skllM // y. 'III. I'V lllMl II VriMCl III llll' WIlIlM uS lli>. Oi.:l,.,|.k lllllll<, IimIiii IM liir.i) ll..ii..|iilii III iMi.i; tl,. win I II icir viM-ii'l wjm „|, .' CHi.l.iiii liMiiiiic III i|iimril/.| Willi (I KiiM'iimi i>i|.lmii will. |,i,i ,„ (I,,.,, ,„ ,|,.,^,,.^^ vnif, |)„, I'lIM Il'l, 1./ II |..i|l|..|l, .,( II, I' ,\|,|,;|i (I -"'III xkiiiM tiikiTi \, wland [218J atif, iiver HI ' II II li ,l^lli'< I'l Hill IHIi'illillr II ii lli'lll lil|'iMI I" KiMiil I liillli'l ' lllll nl I ll\|i \t'in-< 11)1" l{M'<'>;. inHJ. Villi t>kll''|i|> H II 'lll'l . ..|.M,"1, l<\l'l will Il Mill. ll.K I'mIiIUM. 'It'll' »'"''« Hii«» , Mi'iiiilf l''« lUiH.lii ii.'ii II mIii' iJHi'M. III'! I'liiiin 11 iii'l II li'iiitlilr mil' |i,„. '\|,. lllll -111..' 1 1 I.'. I, 11' I 1 M .inn • I |viil .'I llli . |.ni|' .1 llli' Kiiiili' I lllill (•■ 'Jl'l I'll" ll II l\l'l « 'II' 11 iidl'li' .ll iin 1 1 Ht'n \|>|ii'iiill«, till. ll. rNii II, N... 1.1. 'I lio li>lli>« 111)1 i(|i|ii'iirs IIS Mil iiilrmliii'lm y slnli-iwi'iil III " r!i|iiMs ivlaliin', ll' llrliriiin Si>n I'lslii'iii's," jmiI'IihIh'iI III Un>«iitM'iiin\('ii( I'niiliiig om,',. Ill Wicliinndin. IHH7t — ' I'll!., si-il |..| I'Kll.'l I, I 1 . I I'tlll ,.| llli Willi . Ill Wllllll t 'K||il|.||, .'Mil .lllllll'l I In I lill'.l ll||;i>| till" I kl(»«' ol IS'.M il|<|i|ll'il, nil. I hIiI.Ii M rnli'lll'il, III llH ' ■ '" .•ulxCIHl'llt . .>»h"-|'.'lnl.'t'i .' Willi Ml, Vilillll 1 I'llnr In lllll ri>'an nl l.'i'l till. I 111. |i|i|'.liiil Mil|.''l\ , III.' I ili|ii'in| nl nil ill.' I\'..'ll l.> .1.1 ".i A-i IliH I'i'.'ll M.'i'll, nil i|IH".|li.|| il'< In till' u>;lil .'( ,.| ill. I ml. ll Nliili"', il'. wi'll ll 1 nl llit< '>nl>|\'. I.I nl «ii>'iM lllll. nil I" \iiiM);illi> mill Imii 111 llii"\ iJll'iilil nil... f.'l llli III llli' Th'ill\ i«l' IS.M Willi 111.' I inl.'il Sliil."., lllll .'I l.'i ' ' Willi lii.'iit Miiliiiii I'll." Inll.'W HI.. .I'lu^i'.'iiilriii .' I'l'iw.'i'ii liiwMi mill lln' I IHU'.l M.H.>> III 111.' \<'ill' ISi'. , mi. I l.'^iiS ...lllll v\|>li.'ii .li-.iiv.'Wiil In l\ii>...iii ..| mix .liuiii in iiiiiil.'i.' wiili lln' llsluil;; .'|H'rnll..||s .i| .'IIUlMKl ..| ill.' I llUl'.l ^IHll'M III tlio N'^x ,.| \»KIi.'i'.k " '111 ni\'>ii.>..\,iiiu'(< li'li'lli'il ll' sjli'Ws lll.'tt liili'ili'ii'iii I' w llli liiiliil .Sliili . M'Mi'lj tlio v",i|>t;UM ol ill.' " I'.iirop.'i," ;» I iiili'ii .Sidos' whaling xos'^ol. oi'«»j>laiu(>il (n tlic l>o|i!n(iiU'ii( ul' St,nti';«t \\'asliii\ij(.>u tli.il tlio r.-iplaiii I'l' ;i niissiiin anuisl >to.»n\iM' li:nl v|;U«\» of Okhotsk, auil that lie ha.l (Iroil on tlio ship's 1uv»t of I ho Ivju-k " KiuUwvom'," «>!' Now lV\\tonl. It apivniN also tV.MU tho sjuno oori'ospondoiu'o that on tho '.'Tth .Inly. ISt'.T, tiio V\\\U^\ Statos' lurk " .lava "' was onii/ins; tor whalos in 8liantar Rny auil st^amUiis; towaals Silas IJioliju'il's lUulV, Sownnl lo CUy, whou a Tvussian Coinnian.lor onloivd liini out vJ^lCui!*"*'' of tho k>y. and thoivnp.m Mr. Sowanl iiniuiivd No. la. '>uru|i«. I'liiiKmvour.' ■Jiivi.' iir. |. ,|,| iliiiii'i l IIiimnImii Uovi'i'iiiMi'iil «tlml iiiMlriir Ilium IiimI Imu'ii iMmH'tl riliillii^ lo ltMlM>ri«<« in MiIh MMI. 1(1 l'i<|ily III liiix iiii|niiv, Mm fiillntVMur «'ti|ilM iMtlliiii itiiM (I'l'iMvi'iJ rioiM M ill' \Vi aIimmmii, Nrliiti^ MliiUliT »if I'liM'JKii AITmIimmI Hi l*i'l«rn- JiTirnV/llilm, ' '""'»<• "''''■'' "'"•"" ""' ''"'•" "'■ JHitmlli'lii.n nitili CiiiiK , 'JimI of ||iiii«iM III liMvi' lii'Cii riiiillnril In il iiiiii'N Hilly MfM, MfimtH !'.< II,. If II .1 i * >i Hiip Nil iiin '" IIxmniimi i^iiIh mill Iii),vm, m llim |iiiil. ni liil llllld lllMll, Till Ill llii I Ml iiiii'iliiiii I M llii Ml liniiin I Ali"iiil, llllili I llii I 'iiiiImiMmI n| I IMlli liHiil I ImIiiii Iniil III I 11 MMll III I iilllllll'l-lllill lllilll Sll lijlllHV ik llilllllllk Till' illlllllllillH I' III lllilll lll|l ll I' ImIMII|I lull I'll llllll In I nil I llllll lIlK (lull III Tiillliiiiii'ili lllilll II lull (III I llli Inlv ll. iliiiiil 'll llllll I III Mil' Mlilllll III llll' ''Inill'l 111 I IiiIIiIiII'iIj llllll III!' I'll'lll'lll I il.llii' Aim III llll vvliiili I liivii ' III! iijiii'l III (I'liili'iiiii' llll llll III II lll|illl|ll| Wlliill' I IiIiMhIi llll|/ llllll |ll|l'll/|l tvliiili'iii Mil' fmliiilili II lis llll' lii^vH III fiiii I III IIhIi III Mil' llll'i'lhlll |(lllfi| Mini liily I, II illiliiliii i,r ll Ml lliMli 11 llillfKI lllilll llll hIiIiII', wIh'II' llll lll'lll III li'illlllpl IH IMI'lllNlVlliy li'i'itril In lliliii'.iiiii 'siiliji'il'i l.ii'iili'iiiiiil Klnliiii' Wiirii'i'l ( ilnili I llll iii|iliiii III I'll III, 11 111 llllll iiir fiMii llll' lllllllil I iilltllillllll, wllll ll In ,ll llllll l||l| I III •lllilll' ililV llll' Aliiiill' liiiiili llll llll I'liiy III ,\liiWL»iii. wlifiri' illlivi'il, nil Hill lii'i|K'i:l, I'xIiiIiIihIimI nil<" I'ii'KIkh'i mill ll lliiiy iiimiiI,I'iI, iili-iiliili'ly, ii|ifiii lirMikini;; llllMII. llllll III' Wiilljlj III' I iilll|il'l|l'l| In |i|l'VI'lll. lliMli. Till' I iijilillM lif llll' HI linniii'i ( iiinliiiii h'nnl ' |iri'l<'lii|llii/ ( nymil jili'liiinln 'j l,lilll. Ill' llllll iiiliii'l iiitn llll' I'm/ of T'lil^'iiirxli III rn||Hl'i|l|l'l|i I' III i|iivilll,liilliw:iiil. fr'iiii lint iiliili'H III llll' Aliniil,' iilM-i wliii ll llic. I.Wi tliipi ii({,iiii Wniil, III tii'ii Tin llllll nf .Inly llllll. im. Iniii ilrtyK titU:t wiiIiIm, llll' .ii'linniH'i Aliniil ' iml. u svliiili-. ii|i(iii wliicli llir (.'iiiiiiiiiiiiili'i iiiilsi'il II llllll lit*' Ml \if iiiiuU- At, till; Mlilllll mniiii'iil. wiiH •ii'i'ii. Ill iilidiil 10 iiiilcx (luUifiO!, (4 »nil. iiiiliii! iiliklinwii, mill. iii'iiHj, Uiii'i! ' ' :IihI'iii|i! UfMn-M III wlildi >MIH III Ii'iihI ,1 iiiili'1 III it'lvniiii'. Ill till: (lirfAtinii III llin riililinli llll' III llii: ivi'liili;; nil Hi*:**; liilfiM li^'l iliMii|i|i«!iiilMl. Tliiil. iii(;i(ii!lil n ir({iMU;r(:'l Hi ttif; l/i'ik* nl llll! ' AliMiiil' 111 lliii fiillnvviii;.; l.iiriiH ; ' Tlii: I !»tli nl July, III, !l 1.1 llll! I'ViiiiiiiK, Hi miclim in tin: iJay «l \tiiWi(imn, lili'd a OUIIII'ill mIioI, Ini |illiclli :•; ill it wlijill! ui\iiHt.' Ythin tliiiHi' IdCl.s (il'lKKil Day will \tt: f;niiVinf;Ci| that thi: incidunt iiliiidi'il in \im Ihkui fxu'^'^ir.iXcA, an'! i'V<;ii jjer- viirtiwi (' lU'iiiiliirr ') iiiiicli ill ordfir t-\ir>^:u\j4\ nn n uiiUMi! ii( j:r nf i\\i: ■ Ahjnu!. (Ill till; jiiirt nf thi: Aiiiuncaii whitlcrs." m itn Mr Ho\«ni-«l ottxoivinK llmt "IIh' cniilniit dI IIii< it,.,. n„ itm, ' .ItiMi," «|>okiMin»»nni»n(Mlil\ « lion lis mi|tlii'iiliiiit '' '' ■* ItO itl'lliOll lltltl (ItO IlllMMIHM llll(l>i'li(i«'« lllHI' (lll< I'l^tltt lo |m<>iM\l |\M-i>iKii «i'miii>Ih liiini llRltintt (••(' «linlo« wtHiin W mm inn niiloM nf Hicli owhhIhmo." l\iMun toHDi'tt, iM) lirlwtll i>r llio KiiKNiitit lni|H«iil iiiiili,>iin<'« i>t lli'liniiu mill liiM'Hiit Noln'i' nl NkmiiiiIu'I |mi| i, ii|,li,>l'.li mill llnliiliit' tM'.ii ii iiliniil'i. Ill,' I i\>li'( ■."liliir ,1 li<'i>'l'V iiKllltr-i dial III ' KllMll« I lllllS'llill (><>\i'llimi'lll |'I|Ii||h||>'4, Inl C'lli'llll ,,,, * ' llMtl , Kii.>wl,-ili^v (lu> l,>ll,i«i ';»ll, |ii m'^hN mn II. 'I iil|.'«i'.l ii' , WW .11 tiii.liii.; Iiiiiiliii.! Iii'iiii(j 1%.' , oil \h.- I \II«.»IHI1 1 .SK I i>l IhIuIiN III III,' OKIl.'(ll» ,111,1 HilllMIll S\'rt« ,'i i>n llio ii.iilli rii'icni I'l'nnl nl A'li*. nv «iiliiii llii'ii »i»i« K'liii.l.m lull', ' KlM ■1'» lH Ill'Oni't'l. r>MVl)ll» Vl'M^I'l.! hIii'IiI.I («|>(>U !.< \ lii|,>, K i<\iil i.l rrll»|viiili>M.» "ili'li I'llllllv nlwll u.>l W> \'<'i'n«il.'« «>» liriMiiv* wluil.'Vi'i »liiill l',> tw»iiml |\\t luniliti);. (i»linv); .'I liivlin.i nl .'i ..ii (In- I '.>iiiiii.i.l.>ii> nn,( l\i>Mvii l»lrt\i.l« ' ."v K>M>'i);<> \»v«i«>(ii loiiiiil nniliui; ll»liiii,i, liinilni^, So , \\\ K»»«u(n «i<(<'i 1, «uli.i\ii A li, I'li.'i' ,>i |i,iiii)l l'»>iii» llu' »».'\*m>«- AilMUM^ll Hllil nl«.l |1\,<»0 li,w«,w iH |M>\i«i( win' w»\ «ii>miri» III!' i'xi'«ii,'l» ;lll,l lillf^'i"" l,>l xh\' Ivuolit «'l ()>,• »i.'Mr»iuiiii'ii(. riiix I'lm. liiii'iii sliiill l'i> (■\\)\M\t»«l )l<>«>'»>(>Mt1<. i>>«\m<'l\, UK "llll \ I' ISS ' ■ «' Vtu> .'(ir.w.'ow.'nl ol il lU'. ill 1111111" (.'.I I. Kl)!>»V «U «\l'l\-Ot «i>l !\\\\\ ; lIllHil.UI tinlx ll.'llll \i'S1i'Ih wliKh I.M lli«l |nivi'iv>i'. will oiwn inililm\ il<'l;ii'liiiu'ii|.« .-,n.i K' )-n'\iili\l Willi |'>\'\vi iiwIiiii'lliMi" \ I'MUvVN • // / i: \i ('.'..,.«/ "• Yokx'Jwwn, NovomWi. If' IJ'.'^I ' " Tl\o tirm of Mossrs, I.mxIo juul lloucli. of toou for voars, > y..>lo «ml IUirIi ouiTSiCtNl in tho Wioitio ooast lisliorios, I'lioy iviiniiirv is, 18S'J. " I • ^ A .\ o .- . \i I 1 1 .1 I ' '"^ Aliiu'ilili*, jcwrl^v sout \ossois (o tho >v'ii ot Uklio(,sk, UKliini; ^j n, |'n,i n fivm 10 to 2v) miles froui slunv. Tho nttotitiou ^'» '•"' of tlio firm Iviug ciIUhI to tlio alwvo Motiiv, thoy wrote to tho S«.vTi>t{u-y of State of tho Unit«(i States dklliug atteutiou tiieneto. •H * 117 ll.l'l, )• >!■> till II, I'xtl II, N.. M A|.|>lii»l "iilr l'> loiiiloliiil ' I.Imi Ii. Ml llnlTMIflM, .ImIIM I (ni, |«)1^ Hi"« A|i|iiiMillf , rxl (I, I'm II, N.. 1/ liiM . |i .inii Htii A|i|iniiilii, '••I il, I'liil II. Ml. II CuHcof tlic "Kliwi," (int(i«imi»,litir| TliK Hi<«ri<«nrv (if Hlii«<« (Mi Kri'lliitflinyami). Mm. Himnti. It .. ^.. .." . •* .' ' |i... Nn iitfl, •'" ""• vlli Miirih. IMH'.^, iiii'liiMiMl llii-ir |..||«'l|il iiC IIiIh i|i<ri lli'friiliil iiiim M|i|iliil|illllll.|li|l. ' nil II'. I III' 111). Illlll|li|'l. Ill |I|IvM||< ||lllii'il liy M. lit' Oii-ri l(( liiii wnnU " IrrrilnrJHl wfil'Tr* " IIm wrilf'M ; "Til" 111 "I wliiiliii(> (;iiiiiiii|ii 111" fiiiiii'l III l/ir li/ii/'i iirul mill I i.r Mil .".Ml 111 (ikli'ilqk liil'i llii'i" III" XiiMinfi . 'Myi, '/n:\. Hi-ii Alilii'iiillf , v"l >i, i'nrl II. Nil in, : I" m \i : .-■ i m^i r ; . s# 11^ states thftf she wns tlioro trmlinpr nnd liiintiiiR »ot»i Conir.. 2n.l , S»ii., Honiti' hi wnlruH. Tho United Stiitcs Vicc-Consul-QoncrnI u<>c. No. loc, ftt Japan ternu'd iIm! sciziur "an art, n\' i)im('y." I'- '■""• General VlaM!,'aly, wriliny; fiiMU (lie l)e|mrt- IbUL.p. Jjo. ment of Voroiijn AITairs on the UHli {'MM) voT ii.'l'ari ll, January, 1KK7, exjilained tliat the '• Kli/.a " was N... la. aireHted, " not for the fact of seal-hunt ini,'," lint for violatinjif the prohihition touehinu; tmdiiijjf, hiintinrr, and flNhincr on tho llnssian eoasts of the Pacific M it hont special licence. The crew, it was found, \ver(> tradiuL' <\ith the l'> . 2fi9. natives on tiie coasts of Kanitchatka, as well as hunting walrus. This appears to have heen acceiitcJ as a valid ""'l- ^' , , . . . . ,. 1 • J. ApilflllliX. Vlil. M, explanatum; but with reh-rciu'e to the seizure oi i-jf, n, Mo. it). this ship and of the " lleniietta," Mr. I^othrop, United States* AFinister at St. Tctershurg, writins to Mr. Bayard, the United States' Secretary of State, on the ITIli Kehruary, 1HH7, remarks : — '■ 1 limy adil tliiil llii' lliissimi Cuilc of Prize Ijiw nl IHG'.i, .Vrtiile L'l.aiul imw iii loiic. limits tiic Jiiiifilii- ijniml wnlcrs nl' l!iis>in to .'1 inilfsjliinii llif sIicmc.'' Ibid., p. 267. Tho United States' schooner "Henrietta" had been sci/cd on the 2})th Anj^ust, 1880, off East Cape in Behrinij Strait by the Itiissian corvette " Kreysscr." Explanations from the llussian (Jovernmcnt iimi., p. 260. were promi)tly demanded by the United Stat rie«,piiblishpil tlicii the liiissmii aiitlinntii's li»i! inrisdictioii ; ami il tlin jt llio (iovpr{!nn'nt L'OiuIemmitioii was on (irot'i'oiliiif,'.s duly instituted and I'rinting Office in admiiiisteri'd lipfoni a coiiipoteiil Courl nnd on adt'i|iiati! »• '"? ""> • cvidcncf, this Dcjiaitiiient has no iij;lit to coniplain. liiil if either of tliuse conditions does imi exist, tlio <'ond(!niiin- lion cannot ho intprnatioiially sustained. The tirst of ihe.se conditions, viz., tiiat the pioceedings siiould have been duly instituted and administered, could not he held to exist if it should appear that the Court before whom tlie proceedings vere liad was composed of parties interested in tlie seizure. On general principles of inter- national law, to enforce a conileiiinatioii *liy such a Court is ft denial and perversion of justice, for which this Government is entitled to claim redress. ■' The same right to redress, also, would arise if it should appear that, while the seizure was within the H-inile zone, the alleged offence was committed exterior to that zone ami on the high seas. Case of the " Heiniitt;! Views of Mr. T'livai'l. 110 " ^ oil Hlu llierrfurc iimliuclcii I>i niiiiliii', nol iicinl} ii." to thu iiiinIu III uliic'li tlio luiiiltiiiiiiiii^ Ciuit wim cuii- Ktitnlcil, liiit UN In (III' rviilciiri! ncliliici'il In inic mli Cdurt, in wliirli tlif <'\ •! I lociiliu 'if MiM/iiic '•liiutM liij iml'idi'd." ,\,HiwiMtioii liv I'liiti'il Stntt'd of extm- '„f,|jiii,rv jiiiisilittioii pri'vious t» 188(1. Ilepiirt of iruizf , or of ships of wnr of tlu; Uiiiti'd Statfi criiizinfj in Jk>hring Sen, and guardiii!? tho interests of tliu Alask'^ ComnuMXM'ul Company upon tlio islands Icasod to tho Company, do not oven sugRcst tho in- tention of that (iovernmcnt to assort n c'laini so vehemently disputed when advanced by Russia. On tho contrary, while ve-ssols from British Columbia and elsewhere were trading and fishini? generally in the Dehring Sea, and while vessels— chiefly those of the United states — wore actually raiding the rookeries, the instructions relatina: to the fisheries given to Revenue Marino vessels by the United States' Government, until 1880, were eon fined, as has been shown, to the immediate protection of the .seal i.slands. The seizure of Ibitish ?alers in tho open sea followed the report on tho cruize of the Revenue Marino steamer '• Corwin" in (ho year 1885. In this report, it is among other things stated, that while shaping a course for St. Paul a special look-out was kept for vessels sealing. Tho Captain writes : — " While we were in tho vicinity of Iho seal i.^lands o look-out was kept at nitisthcad for vessels cvniziDR, sealing, or illicitly trading among (hose ulamU. I!ut nu suuh vessels were seen." Ilaving drawn attention to tho number of vessels which had taken, or had endeavoured to take seals on the shores of tho islands, and illustrated tho great difficulty of preventing tho landing thereupon, tho Commander concludes as follows : — " In view of tho foregoing facts, I would i-espectfuUy suggest — " 1. That tho Department cau.se to be printed in the Western papers, particularly tho.se of San Francisco, California, and Victoria, British Columbia, the sections of the law relating to the killing of fur-bearing animals in .' wkan waters, and defining in specitiij terms what is m jit by Alaskan waters. °' 2. That a revenue-cutter be sent to cruize in the vicinity of the Fribylo£f Islands and Aleutian group during the sealing season." [148] R h:II ISO On tho mh Mnn«h. IKHO. Mr. Dnnicl Mnnnitiii;. •'•'<••"><•■■ i'» l><«- . SooH'tnry to tlic 'rrcnsurv, wroto It) Hu> (?(»llopt(ir is,,., no iiui, of Customs nt Sail Frnnoison ms ToIIowm ; — p. inv " Trrii.itirn lkjiil on tlic l',!lli Mnioli, IHt^l. to n A. il'Aiiroiiii. I'liiu'ciiiiM^' ilio jiiiiHilii'iion ol llio I'liitoil Sliiitvt ill III!' wiitoiH ol'llic Ti'iiili'iv ol' AIiimKiI, mill Itio |>ivviMitioii of lln> Idlliiii; of t'ln-'ioiihi loul ollmr fur l>i'iiriiuf HniniiiN wiiliin hiiiIi iiri'iin. iim inTHciilioil liy i'lirtni(>r ;l. lido 'J.'i, of ilu> Uovisi'il siniiitoH, Tlii< kKimi- liiin of yoiiv i>ifili'i'c'HRor in olliro wim I'.illivl to (Imm milijivt i>n till' 'till A|iri' I'iNl. Tins coiMiniinii'iil ion ii Mililr.'Mni'il to yon. imismiioli mi ii ii nnili'i'too.l iIimI ccrlniu |i;iitioMiil yonr port oonli'inpliilo llio liilio". onl of o\|ioililionM to Kill Ini j.'iili in liu'«i> WiitoiM. Von mo ioi|IU'hIi'i1 to jjivo iliio |iiili|i(ily io siii'li ^'lto|•^^, in oiilov tlinl mh'Ii |iiiilio^ iniiy In' iiiloinii'il of till' lonwiiiii'lion pliiri'd liv (lii'< |ti'|iiiilnii'nl n|>on (lie nh'vision of luw ii'tovli'il to. " ViMirs, iVr. (Si^jin'iH " 1> IManninu. " Siriytivi/." I'liMic notifo npi>oMrs (o linvf In'cii !;iv('ii m,,,, n,,,,;,, noivu-iliDUflv in llif tcniis ol" Hio IcKcr luldrcsM'tl ' l'ioi...| si.n.'^ ' , No. 'J (ISIMI ,' M h\ Mr. 11. V. Fiviu'li (o Mi-. (rAiu-iMui. ^^S^'0 Sw Anpiiulix, ante. j). 111.) ''"'''' Tho stntoiucnt of fncts in this ohnpts and hy Hnssia rospootivoly in ll\o wators of Hohring Sra wore oi\ly those onlinai'ily inoiilotit to tho |»ossi'ssioii of tlio i't\'\sts of tliat soa and tho islands silnalod t heroin. Tliat dnrino' that ])Oriod. notwithsiandino; (ho pivsonoo of .so.il-hnntiiio; I'raft ii\ Jlolirini,' S<'a, tho Unitod Statos' autitorilios oonlinod tho I'xoiviso o( jnrisdii'tion to (lio land and wators inoludod within tho ordinarv torritorial limits. 121 |.„iil,,,i|iiiiiM"( I'liitiMlSUIfHWlini IHHO. liislnicticniH III iTVi'iim'-dtilli'rs. vol. lil Seizure nt tluoc liiitish vi'mh* I'lotest ui' liiilisli Guvuinuiuiit. OUAPTBU VII. IIWAi) ((l).--yariouM dantrntionn nf thn United o.'-'/m Hincn thn yrtir 1880. HincotiNidrriililif ilt'vi'lopriii'iif of poln^^icfHcnlin^ ill llii> Nortli riicilic. wliicli IumI tnkcii |ilii('o in Mio ymiM prdvioiiM (<» 1HH(J Iwiil cHdililiHlicd ii very Hhinif? (•(iin|M'(i(i(»ii n|.;aiiiHl tlid AlfiHkii (!om- nicrcial (Vnri|i!iny. 'I'liiil (prtHof(invcrnoi- ■^liiti'.< No, 2 (ISUO)," II. ;i('. t-t'o App Vix, viil, ill. ■: K ', ■'-H' I \ tr ' : I I. t Ii 122 At((irm'v-(inicral (liirlaml i^siu-il tlio following iOiUCow^, Jul ' Hem., SiMi.iii' l.x. omer, after the British protest : — Doc. No. iog, p. 185. " Waahington, D.C., January 'M, 1887. " Judge Lafayette Dawson and M. D. Ball, United States' Diitrict Attorney, Sitka, Alagka. " I am directed by the Pretident to instruct you to discontinue any further proceedings in the matter of the seizure of tho British vessels ' Carolena,' ' Onward,' and ' Thornton,' and discharge all vessels now held under such seizure, mul release all persona that niny bo under arrest iu connection therewith. (Signed) " A. IT. Oakland, " Attorney'Oeneral." Mr. Bayard, however, tho Secretaiy of State, Ibid., p. 40. wrote, on the 3rd Eehriiary, 1887, to Sir L. S. Saekville West that this order was issued " with- out eonolusion of f.y questions wliicli may Lo found to ho involved iu these cases of seizure." Fresh seiziu'es took place iu July aud August of 1887, aud renewed protest was made hy Great Britain. No seizure occurred in 1888, though British scaling-vessels made largo catches in that year in Beliriug Sea. In 1889 five British ships were seized in Bchring Sea, ai\d three others were ordered out of the sea. In 189(' no seizures were made, though a largro uumher of sealers visited the sea and took seals therein. In 1891 an agreement was come to between the United States and Great Britain, resulting iu „, „ , ' o Blue Book, a modus rivendi, for the purjjosc of temporarily " United States regulating the fishery, pending tho result of p^gg, ' expert investigation into the necessities of tho ^^e Appendix, case. Vessels were forhiddeu to take seals in " * Bchring Sea for a limited period under penalty of seizure and fine, and, on the other hand, tho nuniher allowed to ho killed on tho islands was largely n^duced. The only seizures that have occurred since vho estahlishment of tiic modus vivcndi have been made on the ground of its infraction.* Henewed sciziui- " Modus Vivendi.' * See Table on opiwsite page. U C'm),'n'HHofright8of Uiiitod Ktutca. 128 Tlir liij^alily })0(!!im(! a siibjoct of much discussion and debate in tiic United Statos. Tiio uncertainty of the claim of the Government of the United States is exemplified by the fact that United States' sealers entered Behring Sea to seal three or four years before tlic British sealers entered, and they rapidly incroased in numbers, but were only occasionally iniorforcd with or seized. During the fiftieth Session of the House of Representatives, in 1889, the Committee on Marino ii.KM60thC'onK., and Fisheries was directed "to fully investigate and report upon th-" nature and extent of the rights and interests of the United States in the fur-seals and other lisheries in the Behring Sea in Alaska, wlietlier iuul (o what extent the same had been violated, and by wiiom ; and wh;it, if 3nd Sen., Keport No. 3833, » \. To acconi,... y Bill H. It. 12432. TilK following Tiiblo shows the immi'ii of tlic lirilisli Miiliiig-ve«KclH hfizoil or wnincil In- United States' revenue cruiztTS 1886-00, mid tliu iipproximnli' (ii^lunco from land wlic^n k -ized. Th" diHtnncos nssigncd in tlie cnscH of the " Ciiridenii," " Tlioniton," mid "Onward ' nrc on lliu Nome of Vessel. Date'of Seizure. Aiipruxiniale iJistiince from I.uiicl when seized. United States' Vessel making Seizure. Ciirolcna August 1, 1886 75 miles , , . . Corwin. Thornton . . »l '» »1 70 „ ,, Onwiird . . • • 2, ., 115 „ .. .. I. Favourite . . • • .1 2, „ Warned by •' Corwin " in about same position as " Onward." Anna licck . . • . July 2, 1887 f)(i miles Hush. W. 1'. Snyward 9. „ 50 „ „ Uulpliin . • • • 12, „ 40 ., »* Grace 17, „ 90 „ H Alfred Adams August 10, „ 62 „ tt Ada 1, 25, „ 15 .. Bcnr. Triumph ,1 4, ,, Warned by "Uush" not to enter Behring Sin. Junnita July 31, 1881) 66 miles Uusli. Fatlitlndcr .. .. II 29, „ 50 „ •t Tiiumpli .. •• 11. .. Ordered out of lieliring Sea by " Unsh.'' [?] As to position when warned. Black Diamond 11. ,. 35 miles ,, I.ily August 6, „ 66 „ *) Ariel July 30, „ Ordered out of Beluing .Sen hy " Hush." Kule August 13, „ Ditto . . It .Minnie . . . • July 15, „ 65 miles ,, Pathfinder , , . , Marob 27. 1890 Seized in Neah Uayt .. •. Corwin. t Neab Bay is in the State of Washingtuii, and the " Pathfinder" was seized there on charge* nmde against her in Behring Sea in the previous year. She wm released two days later. I t '! 1.1 ' ' I > I ?l 1): ''^ i W T ^ir ■\ m f 1. ii !m\ . lojtishuiDii is uowissiu^v l«>r (ho liottor pro- li'OtuMi anil jtrosorvjUiou of (ho sjimo." riii< ri)intiut(o(< iv|H>i-l0(l, U|)hoi(lii>i( (licdaiiii ot (ho I niioil S(a1«>« \o jiu'imliotiou ovor uU ^^atot-^^ ami laiul inohulod in (Uo ^'OKmithiuiil liuuis s)a(i>il ill tlio TiiMity »r Cwsiou by R\»iiHiii to (llO Ijuilod States, ttiul OOUHtnUDg (UlT(Mt!Ut .Vols ol roni{iv.ss «8 porftH'ting (l»o claim of ualional toniUiiiul riglilN ovor llio opoii -ivaloi's of Ui'luiusi" Sea ovorywluuv within tho abovu- i)u ol lis liiko.s, livow. lmi'liouv>), i^»*; Hcport :i l;i^;i' i\nM i>i niiUiiu' (tMtilovv whiili lios o\it,'<\il(' ol' l!m ' ' ;<-mili' liiml l'i>>Hi ilio slioix', liu( i^ \vi(liii\ Ihi' liomiilmv- liiics of till' iiMin.UN hi\ii»riMn>utvlii(Ht> ol Alinkii \vn» ||il,|., p, J3. tho ;u' niMlirin>; Smi. ' rii:\i al il\o iluio lit Ui(> I'i'ssiiiii of .\|u.tkii lo tlm I'mtoil Sti>tO!«. h'ussiii's lillolo Uoliviiu; Soi» WHS ihmI'ci'I lonl uii>lis)ui(t'.l. •• Tliat l>v vnn\i> ot tho 'I'lvdty of (V.ssiou, tho I'liitctt St<>tos iu-ijinroil roiiiixriilHMl hy tho Tvoaiv " riio * '.iimiiiiuv ln'iowilh u'liovt ii hill imvkinj; iioio.ssun muoiulmonls ot' tho <'\istiu>; lnw tvlHting to these suhji'cts, au.l iiVviiuiMi'iiii it.-i i>i\ssi»go" Till' Hoport ilosorilu'8 thcso nmonduionts as doi'iarinij — " Tlio iruo nioiiiiiM;^ iiml niloiit of scition l!l,")(l of tho Ibiil., n. 84, KoMsi'il Matutos whii'li iinOiil>il tlu' kiUiiij; of fiir-soals, &o.. in till' walors of .Vhi.ska, ami ntiuiii's tho l'n>.HiiU'iit to isjiiu' All annual IVorlainatiiai, and rausi' oiu! or nioix' (lovoriinu'iii vossoU lo iruizo ^aul watci-s, in onlor to pi\>hil>it till' unl.iwfiil killing; of fiir-soala llu'roin ■ riio anu'iiiinii'ut uuiviisci tho n-voniu's of lln' tlovorii- nioiit fi\)iu this .•'oiiuo l>y at loiv^t 150,000 dollars jhm annum. ■ Tlu' Hill ivporUHl oontainod tho followinj^ Section : — ■ Stvtion 2. That soition 10.5ii uf tho liovispil .Slatuto.s ujn h u, 13432. of tho I'nitoii Stati'^ was iiitondcil to inohulo nnd n]i]ily, BliioKook, "United aad is hoTt'by docliHvil to iiicludu and njiply, to all the (taa^K""' ojii UMtirs ct lkhri»;i Sn' tii Alnnha cmhrnml wilhin the See .\p|i«ndix, botmdarif-linfs mfitliomti tind i/cst-ctixv/ in the Treat// *'"'• '"• u-Uh Jui&nu, dated tho 30ili March, A.D. 1867, hy which the Territory of Alaskn wiv ceded to the United States ; KojHirt of (.'omimtli'o .>f Hi,,,,,,^ Itopn'Hrnlnlivcn. ('niifonMn'c of 111!' HotiRm Mr. I'llwrnilp* In l.onl HnlMiiirVi MiiriOi y;i, IHN!). Illnn lliiiik.'MlnihMl Hlnli'i No. 9 (IH!I0)." |i ■^■♦ll Hfii A|)|i('iiiliii, vol, ill. IliM , |< u;i7. Ibid., p. 3a4. I luU'iiialioiml AKrooniont lU'opoBOU, niiil it iilinll lii< till' iliil.v III' till' l'i'i"iiili iiiniilli ill ill IimhI nriii iH'\VM|iii|ii'r |iiilili'ilii'i| III. iMii'li niiili'il Sliili'ii' |iiii'l III' I'liliy on Uli> I'lii'ilio riiiml., \viinilll){ III! |iiiiiii'il, i'IiIimIm;; niilil Triiilinv niiil wiili'i-i I'nr llii' |iiir|ii".i' nl' viii|iiliii(,f lliii liniviliiillH III' Hiliil Mi'i'ljiiii , unit lin hIhiII iiIhh riili;!' niir nl iiiiii'i' vchhpIh III' lliit llnitutl HliilrCH III ilitixi'iilly I'lnizii mini Wiili'iii iliiil ini'inil nil |ii't'HiiMH, mill Hi'i/i< nil vi'mmi'Ih rmiiiil I'l 1)11,(11' III liiivii lii'i>ii,)i|i|^ii)ii'il ill liny viiiliilliiii III' llii< liiwn < lloimn im tin iitiicndiniMil In a Mill lnr IIm< " IVotcclioM of llio HhIiiioh l''iMlmilo« ol' Alimkit.," wliicli ofl^iiiiilcil 111 llii> H(. 'I'Ih' Si'IiiiIo. linWf'VfT, n>riiH(>(l (,(i ii('c('|il III)' IliiiiMc niiiriidiiM'iil, niid I III' Mill wim ncroidiiiKlj' n'lVrnMl to i\ rot IcrciH'c (iT llic lloiiHi'N. (ind lli(> Hcclion, im llniill.v tnoiliili'd and ndoptod in Ilic Ail id' Hut 2miI Mnic'i, IHHK, rondM m I'oIIowh :- "MitHiim M. Tlinl Horllmi lO.Mlnr IIh' lli'viiiiil Mliiliili"i of tim Ifiilti'il Htiili'H In In-ri'liy ili'rlnri'il In iin'Imli' iiimI npply In nil thr ilninininn i>f Ihc l/iii/nl lOnIri -in lln- u'liinn of Itilirimi Sid, iiiiil II. mIiiiI! Ihi tlin duty nf tlin I'ii'hIiIi'iiI;, nl. U fihu'ly m'liBiiii in I'mli yi-iir, In iH.iiii' liin I'l'iil'lllltllltinn, mill cntmo tin' niltni' In Im |illlilmlinil lnr nlii' niniilli ill III. Ii'ivifc niir iiiiwh|iii|ii'r (If liny miu'Ii tlwri! Im) imliliNliod ill rnrli I'nit.nd HLiilim' pint of I'titry nii tliii I'lir.ilir r.nnnl., warning ftll iinrflnim n((iiin«t, nntcriiit; niiid WIlUirH fur tli;i piirpiwn nl' vinlilfiii}; tlii' prnvi.ilniifi nl' itiiid HiM'l.iiiii, mid III' hIiiiII rftimi' mii' ni iiioin v'"i'!I'Im nl' llin Unili'il .S|ii|,i',4 In i|ili);i'nt.ly r.rnizi' miid wnLiT'i, iiiiil iirniBt, nil piiiHiiiiH mid HL'i/.i! all vhdhhIm i'niind 'n Im or t.n Imvii Ihium rngii^rril III miy violiilioii ul' tlin lnwu nl' thr I'nili'd HtiiliiH llii'ii'in." On tlio 21st, Mimih, IHSn, Mrciiilont. irarrisori iHHUcd liis i'rixdaiiialiitti accordiiif^ly, warnint^ "nil jiernotiN affaiiml. riiloriiijif tlm vvatcrs uf Heliriitf^ HiMi WKIiiii flio (lumain of (In- Unilcil HtnloN for Mm piirpoHi! of vinlalin;^ Mid prnvi-^ioiLs of Haid S° west longitude. i> of the " Anna 'Rcok " and other IvcsmI^. Md for United Stales' ICuvommciil. See Blue Book, " United States No. 2(1890)," p. 119. See Appendix, vol. iii. 197 Court of '"'.. James', after rcfcrriiiij to tho killing of seals in Bcbrin^ Sea, wrote ; — " The only way of obviating the lamentable result above predicted appears to bo by tho United States, Great ih'ilain, aud other interested Powers taking concerted action tu prevent their citizens ur subjects I'ruui killing f ur-seuls witli lire-arms or other destructive weapons, north of GO' of north latitude, and between IGO" o'. longitude west and 17U° of longitude east from Greenwich, during the period intervening between April 15 and November 1." Conlentions of the United States. The Judge of the District Court of Alaska, tho Honourable Lafayette Dawson, is reported, in summing up the case to the jury, to have quoted tho 1st Article of the Treaty of Cession of tho 30th March, 1807, and to have continued as follows : — "All tlie Wiitens within the boundary set forth in this Treaty to the western ciid of tlic Aleutian Archipelago and chain of i.slands are to be considered as comprised within the waters of Alaska, ami all the penalties prescribed by law against the killing of fur-bearing animals must there fore attach against any violation of law within the limits iieretofore described. " If, therefore, the jury believe from llie evidence that the defendants did by them.'ielves or in conjunction with other.s, on or about the time charged in tlu information, kill any otter, mink, marten, sable, or fur-seal, or other fur- Ijearing animal or animals, on the shores of Alaska, or in the lieluiug Sea, east of the 11)3° of west longitude, the jury should lind the defendants guilty, and assess their punishment sepaiately, at a fire of not less than 200 dollars nor more than 1,000 dollars, or imprisonment not more than six months, or by both, such fii.es within tho limits herein set forth, and imprisonment." The Counsel appearing for the United vStatcs' Government, to justify the sei'/Au-e of tho " Anna IJeck " and other vessels in 1887, filed a "brief," from '.vhicli the following extracts are taken: — "The information in this rase is lia.sed on section 1956 of chapter o of the Kevised Statutes of the United States, which provides that — " 'No jierson shall kill any otter, mink, nnirten, sable, or fur-seal, or other fur-bearing animal within the limits of Alaska Territory or in the waters thereof.' " The offence is charged to havo been committal 130 miles north of the Island of Ounaloska, ond therefore in the main waters of that part of the Behring Sea ceded by Russia to the United SUvtes by the Treaty of 1867. [248] 8 : !.) ■<''l f % ■'i I r:,i I' '. )!°i'!- 123 ■Mi m Tlic iklciiiliUiU (loimir Ui l\w iiifunmitiuii ou the ruuiul — •■ 1. That, tlic C'lMiit h-.ii iiu juiistlicliuii over tlio dcfemlauU, Iho allogeil ollbiico luiviiig bi^eii coiiiniitteil beyoml tho limit of a nmiiiio league from the shores of Altiskn. " 2. Thiit the Act uiiiU'r wliiili tlio ilefciidauts were unesti.'d is unconstitutional in so far as it ru^tricts tlio freu navigation of the Dehring Sea for lishing ami sealing pur- poses K'jonil the limits of a inarino league from shore. Tho iss\io thus mised hy the demurrer presents squarely tlio questions : — "(l.)Thc jurisdiction ol tho United States over Bchring Sea. " (■_'.) Tiie power of Congress to legislate concerning tliose waters. " The Aiyuvunt. " Tho fate of tho second of thcso propositions depends largely upon that of tho first, for if the jurisdiction and dominion of the United States as to these waters be not sus- tained tlic restrictive Acts of Congress must fall, and if our jurisdiction shall be sustaineil small question can be made ns to the power of Congress to regulate fishing and sealing within our own waters. Tho grave question, one im- portant to all the nations of the civilized world, as well as to the United States and Great Britain, is ' (he dominion of Behring Sea.' " After conceding unreservedly the general doctrine of tLe 3-mile limit, ho proceeds: — " It thus appears that from our earliest history, contemporaneously with our acceptance of tho principle of tile marine league belt and supported byj|tlic same high authorities is the assertion of the doctrine of our right to dominion over our inland waters under the Treaty of 1867, and on this rule of international law we base our claim to jurisdiction and dominion over tlic waters of the Lehiiiig Sea. AVhile it i.**, no doubt, true that a nation cannot by Treaty acquire dominion in contravention of tho law of nations, it is none tlio less true that, whatever title or dominion our grantor, Ilussia, possessed under the law of nations at tiic time of tlie Treaty of Cession in 1867, passed and now rightfully belongs to the United States. Having determined tho law, we are next led to inquire as to whether Behring Sea is an itiland water or"a part of the open ocean, and what was Eus-sia's jurisdiction over it. "Behring Sea is an inland water. Beginning on the eastern coast of Asia, this body of water, formerly known as the Sea of Kamtchatka, is bounded by the Peninsula of Kamtchatka and Eastern Siberia to the Behring Strait From the American sido of this strait the waters of the Behring Sea wash the coast of the mainland of Alaska as far south as the Peninsula of Alaska. From the extremity of this paniusida, in a long, sweeping curve, the Altutian Case of tlio " Anna I'.eck " ,iii,| ^ | vessels. Brief for Uuit,,,i S' ' Qovernmcnt, '" Behring Sea said to be inlaud i 129 Islaiuls stretch in n rontiiiuoua clinin nimost tn the slinri's of Knintchatkn, thus cncnsini; tho rod.". And ho concludes : — "Enough hns Iwsn saiil to disclose tho Iwsia of Uiissiii's ri^ht to jurisdiction of tiio Rcliring Scti under thf luw of nations, viz., uiiginul ])OSKi'S8ion of tho Asiatic vmxnt, fol- lowed by discovery and possession of the Aleutian chniii and the shores of Alanka north, not only to liehring Strait, but to I'oint Barrow and the Frozen Ocean, thuM inclosing within its territory, as witliin the eiubmeo of u mighty giant, the islands and waters of Bchring i-'ca, and with this tho assertion and exfircisc of dominion ov(!r land and sea. " Such is our understanding of tho law, hucIi is the record. Upon tliem the United States are jjrejtarcd to abide the Judgments of tho Courts and the opinion of tho civilized world." nine Book, " United States No. 2 (1890)," p. 89. Ke« Appendix, vol. Hi. niue Book, " United States No. 2 (1890)," p. 89. See Appendix, vol. ill. On the 10th September, 1887, tho Marquis of Salisbury, addressing Sir Lionel West, British Minister at Washington, discussed the proceed- ings in the United States' District Court in the cases of the "Carolcna," "Onward," and "Thornton." After stating that Iler Majosty's Government could not find in these proceedings any justification for the condemnation of those vessels, he wrote : — "The libels of information allege that tiioy were seized for killing fur-senl within the limits of Alaska Territory, and in the waters thereof, in vioiatiou of spetion ]9."pG of the llevised .Statutes of the United States; and the I'nitoil States' N.a.il Commander Abbey certainly Htiirmed tliat the vessels were seized witliin the waters of Alaska and the Territory of Alaska; but according to his own evidence, they were seized 75, 11 u, and 70 mile.s respec- tively south-south-east of St. George's Island. " It is not disputed, therefore, that the seizures in ques- tion were eil'ected at a distance from liiiid far in excess of the limit of maritime jurisdiction whicli any nation can claim by international law, and it is hardly nceossury to add that such limit cannot bo enlarged by any municipiil law. " The claim thus set up appears to be founded on the exceptional title said to have been conveyed to tho United States by Itussia at the time of the cession of tho Alaska Territory. Tlie pretension which the Uussian (iovornment at one time put forward to exclusive jurisdiction over the whole of Behring Sea was, however, never admitted either by this country or by the United States of America." Uiwn this ground the discussion between Her Majesty's Government and the Government of [248] S 2 Rji m ♦ ho Ui\i(iMl Sifid'H wn"* cnnli'il nn fur mimo yonrn \\y[\\ Hn< ivi'(>in( of Mr. niniin''M dommloli ol' llii' 'i'iiiil .liniiitivv, I^MH'. lit Hir .liiliiiM I'liniiiM'rulc. Ilii> ni'ilisl\ MiiiJHliM' 1)1 \Viciwi1iiin \\t\* (iiKi'ii n|i, nml il WMx M'-.m'Tlctl (il lli> crin/til /idllO.V (Mdir.l (il I'llWllHI' in (lii< Kil|ii\p; ol' noiiIh nl wi\. M\, IMnino, nftor jiioini«ii\>i Hir .lulion I'niint'o- rot<> (i'i Juslilloil llio «i'i^ur«'«, \x\\\{>'' no follow) : " In llii> onimiMi I'f till' rii"i\ili'Mi, llii' t iiMiiiliiin vi'mtIh nvii^'li'il mill ili'ii>nii''l \\\ (l\i' Ui'lmiiji Mi'n \\f\v I'limiynl in n I'lii'Miil (Ini i« iM ilioU ivii/nt ft-irtiM tttriirj n imiimiiiI )'f "I"'"" •" t^lr ' ' .1 rniiiii'i'liili'. wliii'Ii ol iii'.'i<.iil\ in\i>Ui>« i« niiriiiiiN iin(lu' vijjl\U ol ll\i' (l.i\i'nniii'i\l oml | nl' lln' Mlim HnnV. \"nit.Ml Slut.-. ''I'Mlh.,! NiAl-. . N." y (IH<)0). • 111 otifliinxh ll\in |H>Minil. i( id ti.'l in'i'i'iiiii \ {<> iii(niii ,||,|, ll\o mii'nlioii I'f (hii i'\(i'i\l nnil lutlini' olllii" wi>\oii>ij(ut.v "f f"'"'" A|i|i>'»ill«, l)(\« (iiniMnnionl oxim (tn' wndMi nl' lt\i' Hi'hiinu Mi>ii ; il \n nol (\(>ri>'>'M\\li'ip>n I'oili'il I'V Hi"" Impi'iiiil Miiii'Mv llic lv\«)>i>i>iv I'l' Unwiit (n i\w Tiivitv. h\ \\\w\\ (lio iMiimKuii Totnloiv \\;\« (ini\'nvil in llm t'nili'il ."Milti". I'lli' «i>ijjM,v i'iM(»iil(>w(\on m-nwiiif! oiil of llio m'i)iniiiiim of \\\M li'i'viliMV, with nil llio vi,nlil» nu lioid luiil w» iti ivjinvrtMy otMUKvloil (lii-ii'willi. i\my I'o nul'i'ly \i'\\ mil nl Mi'W «)\\ln iho !;i>(\>n(l!> nti> »i>(. fovlh >ll>nn >\l»irll lliiw (iovioniuowl i'i\'«l« its i\islilii'«(ini« Cnv ll\i> nrlinn nom ^^li^i^ll>^l of In Hov MiV)obIv'« «io\oriin\i>iil." . , Ml lUiiIni' ii|iiiii il M' ii||,(| MlMlllll^ f•(ll(^,| /.,iri,n , Uo avijwos tl\,\l flio jivrtolioo of jiolngic Honling iiis>nN>s (lio cxfiM'iwiwati.Mi ol" Mio sjuvicH, and ivnlinnr's : — ■ In i' juiljinioiil of llii^tinxovmwonl.llit' lnw of tlio non llitil., p. nim. is iiiM l:i\\los'inoss Xor oiin (' • lixv of dm soi» nml (lio liWirty \»liu'l\ it (M|\Iov« . 1 whioli it )\|-nl('Oti bo )iovvoiloii In ,ni!!lity nots win ',i iiii- imnioifll in ll\om«ol\OH, wliioli ino\i1;)My ton,l to nv'^nll a^^iin^t ill'" ii\toii^>!t ami Hj^hIuhI tlio woltnix^ of n\«nlvuiil. Ono sloi^ I'oyoiul lli«t wliii'li llor Majosfy'* »;o\ovvnu>n\ hi\s l;\Kon in (Ins lontoiilion. nuil piM.y tinils its nislitivMliou ' ^ On tho 17th IVtvinbor. ISOO, y\v. IMaino niyain M ivlo to Sir .Inlinn rannivfolo : — noln'iiur Son not, inrliiilnil in I'luilii fta in TiniilicH of \H'.',\ uiul IS:'' "Ui-Al !Ui.l iliploinrtti,' nnoMions. rtiimivnilv oonipli- .'.''.T I'Tu. . '^ ' ' ''•'■' Un ti'il Milton c^^<^\. nvo ,>ftoi\ found, aftov \>iMlonc<»>l liisrnssion, to No, 1 (1S!)1)," iloivnd on the scttloniont y^( h ,n«f>iit of tho riv-.M.ionl, is iin> position in winon tlio ^ol.lii. VniiOil ;>t:At<\< an.i »>ri\it Hrilrtin liiiil ll\oi\\»olvos in tlic peniiinir cninirowrsy toxicliinjj Iho tnia oonstructioii of tli Rijss»i-Aniorio«n aiul .Vnj;lo-Kns,siiin Tivatios ol" IS'J'l and lS'2."v ('HMt UriicMn.' ns usfyl in the Tnwtifs, w»s intended to include. in mill iloni III' IiiiIk, till. liMily rif wntiir wlilili Im mmw himwr. Ill III" ltM|iiiii|f H>'ii TliM riilli"! MliilcH i>iiiImii|ii llinl, the lli'tillli|» Mmi wm'i nil) iiii'iilliiiii'il, (II I'viii ic(i.iii'i| III, III I'illii'i Tii'iily, mill wii'i ill ii'i Mi'i>'i> iiii liiiji'ij III ilin |il,inn'< ' I'm l(|i' Oimiri ' ir (liiMit, lliiliiiii 'III iiiiiliifiiiii lii'i Ii'ihIMiim llinMlii' Mi'liilni; Mi'ii iil. Ilin Mnn' 'il llin 'rimillMt Willi lluMMiii iif IH'H mill IM'.'ri wiiM nil liiilml ill |||i< I'li/ifti' Oinmi, lliii lliivii|iiiiiiiiil (if llin tliiili'il KliilcH linii iiii wi'tj |(|llll||l||ii| I lilll|l|liil|l ll^lllillll, III I (f, III) |||(i liMiM ||l|||l| IIiIm (InVi'lliliiiilil Mill pMivi' liiU'rl'''l i'i(('li|itiv«' jililsdicliiiii over 100 iiiiliq frufri lli" cirmf in f(i;if, /^|l|lllllllt, viil. ill H(<(i, WMM iiovcr (iiimilloil liy MiinHin Me hn'l in lliiH nol" |ir'viii(Hl,v /irt^iii'l " IIkiI ihii\\. MriOiin 1111(1 (lir< IJnilf'd Hliili'M rf'»!'U?ni/i»'(l, Tf<*]\<-vU'i\ , iiui\ oIh'.V'I "'" (iiilli'irily «'lirin(r Hi'fi" for tiKirn lliiin I'orly yi'i\r% nf(«ir (li'i 'Jr<'«li. /}>. C'iiiim to nintrii! icHlriiitod firon for Hpuciliu ptir|ii)m:. IbiJ., p. 5i. Ibid., p. S6. In (liiM n'ifn Mm Hr-crr-lnry of HhiN- fhrm oxprcssni liiinwilf : • " 'lln' Tniiliiili ■iliilcmnrri iif llml, iliiy liU'l, .m I iitivn lii'l'iirii ri'iiiiiiki'il, nll/'iii| I'll lli'i iiliiililiiiii '•( Ih'i (/kjiAo, i,f AlnxiifiddMnily so dir im il, (ifl'i'i:|/'i| l,lic '/inut, of IIki l'»i';ifin Ori'Mti frnin llpn Tilnl lo llic (',(il.h i|i.;/f/./. i,( nort.li lalitii/lo. Il, wnn lofl. in full forn! on llic nfiori^ of l.hn Ift'tiniiit Hed, Tlii'M i'< no (iroof wlmldviT l.liat, tin: (.'iiKHian V,iii\ii-yiir Hiiriiilli'il il. (.lnTM. Thnl. R'rii, ffoifi <;;mt, t/i •nPAi, im J.MOO /nili'B ill f%Uu\,; ffofn noitfi t/i v,iith i', ill 1,000 inili'i in i'xt.<:nt Tin: v/)io|i: f,f tljjg ({fftat l//ly of wiili^r, iimlcr tin; I'krt?!''., w.-m I'ft. oj.iri t'l tli". w/tM, i:t(j-:^A II Klii(i of 100 inijis from tli»! liliori' lint, with th»;v: 100 iiii]«;A (!iif(ir';(!'l on nil the l■/l>M^^ of th« lJ«hrirt>; ffen, if, wniilil \m olivioimly iriipoisild'! to (ipproach thi HtraiU of I'irliriii};;, wliidi vvftri'. Icki lli,iii .",0 milus in <;xtrftin»; wiilt.li." .... "TIk! Iinitfil Klut\\Tuiit, i^<'A, for a p«ft of each year, aly ruNtricltHl nren of wiittT fur that Olio spt'iilic [piiriiom! is liy no incKn.s thi> i'i[uiviiicnt "f ilecliuinK llio sen, or i\ny |Miit iheroof, uiair ridiisiim." This (liaavowal of nny claim to Hclirincf Son as niup Book, a mnre clau.ium is a!:;nin referred to in ^Ir. Ulnine's j,y"g*ng9ar" despatch of the 14tii April, 18U1. i'.. :'. Sea Oil tlio 21st Fobrunry, 18S)1, in answer to Uio App*ndii, »ol, ill. ; despatch of Mr. IMaiiio of the 17th December, 1890, Lord Salisbury wrote to Sir Julian Paunccfoto: — "Tlic Dffoct of the discussion wliicli ha.s boen rarricd on Blue Bonk. lictwciMi thu two tiovi'i-niiicnts Ima hccii luiitoriiilly to " UnMed Smii-* . , , N". » (IS'JI)." narrow tho area ol c'diitrovorsy. It i.m now (HuttMMcar that p.m. Soo the advisers of thu I'rt'siilcnt do not claim lU-hriny Sua as a A|)pi'iiilix, \o'. iii. iiidir rliiii.iiihi, and iiidcod that they repudiato thai conton- tion ill express tcnna. Nor do tiiey icly, ns a justification for the seizure of Ih-itisii sliipa in tiie o|icn .sea, upon thu contention lliat llie interests of tlie seal iisheries f,'ivu to thu United States' (lovcrnnient any ri^dit for that ]>urposc which, aecoidinj,' (o international law, it would not other- wi.m possess. Whatever iinportaiico the)' attach to tlie pre.servation of the fur-seal species, — and they justly look on it as an olijcct deserviiii; the most serious solicitude, — they do not conceive that it conl'crs upon nny Alaritiiue I'ower rii,dita over the open oeean which that I'ower could not asseri on other ^;ionnds. "The claim of the l.'nitcd States to )ircvent the exercise of the seal fishery by other nations in liehriiifj Sea rests now exclusively upon the interest wliicli hy purchase they possess in a I'kase issued by the Kniperor Alexander I in the year 1821, which prohibits foreign vcs.sel--i from approachinp; within 100 Italian miles of the coasts and islands then heloiigiiig to Kussia in liehring iii-n." In reply to this, ]VIr. Blaine wrol/^ or the llth April, 1891: — " 111 the opinion of the rresideiit, Lord Salisbury iM Bine Book, wholly and straiwuly in error in niakins the following " U"'t<'d Staim '"' No 3 fl89')" statement: ' Xor do they [the advi.scrs of the I'lesident] '., 4 SeV ' rely ns a justification for the .seizure of Hritisli ships in Appomlix, vol, iii. the open sea ujion the contention that the interests of thu seal fisheries {jive to the United States' tJoverniiiont nny right for that purpose which, accoidinj» to internalionnl law, it would not otherwise possess.' The Government of the United States has steadily held just the re\'erse of the position Lord Salisbury has imputed to it. It holds that the ownership of the islands upon which the seals breed, that the habit of the seals in n^gularly resorting thither T aaimofiTolNilvii'tiTL'sliusi'-ilx. Os; of tlic " W. 1'. Siiyward." 133 i'iil' tln'ir ii'liitioii to till' iHliiiiiU, xivu to lliu I'liiti'il StiilcK a iipiiicily iiitt'ivat llirifiii ; (lull this |iin|)i'rly iiiti'ii'Ht wiih claiiiicd anil t'xui'ciiuriud of ICussiii'H ownunihipof Alaska, and dmiii},' tlio lirst nincteun yuurs uf the suveroignty of till) United Stateo. " It is yet to bo determined whether the lawless intni»ion of Canadian vmsfla in 188G and snlmeiiucnt years has ehungud thu law uiul uciuity of the casu thurctofore pro- voilinj,'." It does uot appear, howover, that the special rights now apparently claimed by the United States in respect of a special property in fur- seals have ever been otherwise advanced or more definitely formulated than as above mentioned. Stcii»;;ra|ihlr Urport ot' Argil- moms ill Casi' of ihe T,,,]„„„ In 1891, in the course of the Argument before the Supreme Court of the United States in the case of the " W. V. Sayward," one of the learned* inquired of Mr. Attornoy-Geneml p. 96. Sec also Krief fur United Stntea, ex /lailt T. H. Cooper, owner ud claimant of the acliooner " W. P. Sayward," p. 166. Claim of territorial Jurisdiction over 1(10 miles. MiUcr :— " J>o you mean that thu roliticul Department has decided in terms what constitute the waters of Alaska, or only that tho United States ha.s jurisdiction ovui- certain waters for certain imrposea ?" To which Mr. Miller replied ; — " That is what 1 nndorstand they have decided ; thiit they have jurisdiction, and that they have territorial juris- diction over tliosu watera to thu extent of 100 miles." in m 1 '''A 'SJ ' '' ''d ii j t f 1 { :'■ » ' , 1 , : ) 1 ■ ' ■ } • \ 1 ■ ■ -' ! i Ju Igiiipiit United Mr. Chief Justice Fuller, delivering the (Wt!S';'rotoctin;4 seal lislieiies, wan asserted l)y ai;tual seizures during the seasons of IH80, 1887, and 1889, of a number of British vessels; that the Government jiersistently maintains that such jurisdiction belongs to it, based not only on the peculiar nature of tlie seal fisheries and the property of the Govern- ment in them, but also upun the position that this juris- Jiction]|was asserted by Russia for nioi-e than ninety years, and by that Government tnnisferred to the United States ; and that negotiations are pending upon the subject." The facts stated in this chapter show : — That the original ground upon which the vessels seized in 188G and 1887 were condemned, was that Bchring Sea was a mare clausum, an inland sea, and as such had hecn conveyed, in part, hy Russia to the United States. That this ground was subsequently entirely abandoned, but a claim was then made to exclusive jurisdiction over 100 miles from the coast-line of the United States' territory. That subsequently a further claim has been set up to the effect that the United States have property in and a right of protection over f ur- cals in non-territorial waters. ] i!'!i • Till Siipreive Court, liowcvor, pxprestcd no opinion as to the fg%\ validly * £ the juriidiction so nnsertod. *p«! movements are uncon- trolled and not controllahle hy man. Fur-seals are indisputahly aniiiiaK ferrr nalurrr, and such animals have heen universally regarded hy jurists as res nullius until they are captured. No person can have property in (hem until ho has actually reduced them into posses- sion hy capture. "Why should llierc he a ])roper(y in seals in IJehring Sea alone ? Outside Ik'hring Sea eil izens of the United States have pursued the seals for u-ars as Canadians have done, and are doing, without let or hindraiuM', and with the Cull knowledge of the Unite 1 States' Government. The proposition that on one sivh) of the Aleu- tim Archipelago a seal i.. the property of the United States, and on tl"; other it is tho properly of any man who can catch it, cai only he sup- ported on the groiuul Miat Behring Sea is the domain of the United States, in other words, a mare clausum. It is, moreover, Ruhmitl"d tlia! if seals lii'fore cajiture constitule sjiecial property, tin- larceny of a seal on I lie iiigli sea^ hy a vcsvrl not lie- r ^ I Ii! ( no f • r I'in'ilolll l''iili\Iiini loii^inj* to r animals fcrrr iialurrr upon the hi^h seas, no n:\lion under the priueiphis of law and the practi"e ainon^ nations can, without the con- eurnMiee of all interested Powers, interfere with vessels enujaLjcd in this pursuit when outside of the ordinary territorial juiisdietion. 'ri\i> principle su'Jiucstcil in the (juostion discussed in this chapter h.is been sttWily resisted by all unions. The (iovcrnnient of the United Slitcs has more than once distinctly assert (>d tlu> prin-iple that the fur-seal lishery is part of the ocean lisliery, and free to all beyond the I'-mile limit. In 1S32 the United States" schooner " Harriet," Davison, master, was seized by the Government of th(> Hepiiblie of Uueuos Ayres at the Falkland Islands ; that (lovcrunn^nt havin!» claimed the rij^lit to capture and detain Unit('s wr>)le, on the 20th Jun(>, IS'.Vl, to the Huenoa Ayres Minister as follows : — ". , . . Till' riuli'isiijiK'cl is iiislnu'lccl ami iwithoiizi'il Id Urilisli "ml l"oii'i;jii ,, . ,, ,,11 ,1 ■ , ,• ■ 1 i • State Paper:", by say,- that tlii'y iittcrly ili'ny the i'xinIi'iicc ii[ any iijj;lit m iip,.u|i,t y,,! v, tlii; licpulilie til inlcrniiit, inolcst, ili'laiii, or ciipture nny y. I!35. vissi'ls licioni^iMj; In ritizi'iH nl' tin- I'nitod .^tato.s (if Aiiicriia, iir any jii'isDiis tn'in;,' cili/iMis ol' tlioso Slati's <'iii,'aj,'('ii in lalvin;,' seals, nv wlialcs.^r any .siM'cics of fish or mai'ini' animals, in any of tlie waliMs, or 4)n any of tho sIioh's or lands, of any or i-itlu'v of the l''alk!anil IslandA, Tiiiia ill'] Fucfio, Oipe Horn, la- any of the ailjacent islands in ilu> Atlantic OiTan." On the 10th July, US32, the United States' Charuje d'AlTaircs wrote to the same Minister as follows : " Hut ngain,— if it ho mlniittoil, hypothetionlly, that the ibid., p. 349. Arj^cntiiU! Kopuhlic did .siiccei'd to tlio entire rights of ••^pain over these rcfjions ; and that when she succeeded, Spain was iios-sesstnt of sovereign rights ; — the question is certainly witiiin dero^ales liiim a natural ri;;ht, the evil to he aiiinelieniliil \ I 135 tlioy iiisiati'il nil iinvignliiig I'vory ])aii ol' this upon son, niul of its unorcuiiiod slraiU iiiitl linrbonrs, with stirh liiiiitn- tioiis only as each might chooso to admit by Treaty willi another; .■."il thoy ri'sorlcd to the North I'aoific coasts of America fr.r trailo and settlement, and to the sonthenimost shores of the continent for the scid fishery, without regard for the exclusive ;"-elonsii)iin or.^paiii to the sovereignty of those region^. 0/ t/ie Innnlivils of rcsuh, ncarb/ nil Amtrkan, tvhiili niniKdl/i/ fraiiititlcd the cocMs and icc.i iihdiv mciifioiieil ti/ler 17S0, not one !'■((.•.• cai,i::r.J or dttaiiuil hy the S]>anish niilhorilies ; and long before the i-evolutioiis in .Southern America began, the prohibitory Decrees of the Court of Miidrid ami of its (iovernors. relative to thosi- parts of the world, iiail boeome obsolete, and the warnings of its iillieers were trt^ated as jests. " The common right of all nations to navigate and (ish in the open sea, and in its indefensible straits, and to usi' their uiiscttlod shores for temporary imrjiosos, is now admitted among the ' lei'id Jfaritime Powers ; and the stipulations in Treatii ' subjects, art! intended to — pievent disputes as to ('Wits arc to Ik considered nn itnxi'llfd, — ir/iat straits lu,. indi/oisible, — within irhni iliInucd in the .HrliiidiKT ' Dasli,' which canioil them to tlic United States, <'ai)taiii Duncan then gave notice to tlie iiiliahitanta that the Hcnl lisiici'v on tlioso coasts was in future to lie free to all Anu'ricans ; anil th:;' the capture of any vessel of the United States wouM be rej,'ardeil as an act of piracy; and havint,' affixed a deelanilion in writing to that clfect on tlu! door of the tlovevninent-housi', he took his departure, on the 22nd .January. lS:i2, carrying with him in the ' Lexington,' lUishane and six other persons as jnisoncrs. with many ' T tlie negroes and settlers as passengers" u i |[nlil.i\- l'i'*l Mr. I)i leiies (.oMitiu.'iHiiai ana's speech. Unroid (iC (111'" I'roccjdiiijia of llalifnx Fislipiies ('omniisiioii. 1S77 p. IP53. yiv. 11. If. Uann, in his speech on hehalf of the United States before the Halifax fisheries Commission in 1887, says :- ■ " The right to iish in the .sea is in its nature luit real, as the common law has it, nor immovable, as named by the civil law, but personal. It is a liberty. It is a fiimehise or a faculty. It is not property pertaining to or connected with the lan.I. It is incorporeal ; it is aboriginal. The right of fishing, drojiping line or net into the sea, to draw from it the means of sustenance, i.s as oM as the human race, and the limits that have been set about it have been set about it in recent aiul nioilern times, and wherever the fisherman is excluded, a reason for excluding him should always bo given. I speak of the deep sea tisherracn following the free-swimming fish ihrougli the sea, not of the crustaceous aninuds, :ig Kussiiiii) in lis uuwur- rauteil iis if Engliiml should warn fisherraon of other niitioiialitios olf the Xiiwfoundlnnd hanks. i ' t In tho absence of any indication as to the grounds upon which the United States base so unprecedented a claim as that of a right to protection of or property in animals fera; nalurw upon the high seas, the further consideration of this claim must of necessity bo postponed ; but it is maintained that, according to the principles of international law, no property can exist in animals /f/vr naturtc when frequenting tho liigh seas. iiti 141 (kM1iT;i1 L'ullrlusiiiiiM. IVliiin;,' .Sua ail ">|ii>ii"scn. Chapi'eu IX. General Conci^siona upon the whole Case. It now remains to state the principles of law applicable to the whole Case, some autho- rities bearing thereon, and thu conclusions of fact cstablislied by the foregoing statement, and to formulate the ftnal pi'opositions both of law and of fact, upon which Great Britain will insist. The sea now known as Bchring Sea is an open sea forming part of the common highway of all nations, and especially of Great Britain to her possessions in the northern parts of North America. In the absence of Treaty or inter- national arrangement, all the nations of the world have tlic right to navigate and fish in such waters, and no mere declarations or claims by any one or more nations can take away or restrict the rights of other nations. Moreover, mere non- use or absence of the exercise by any nation of her rights cannot in any way impair or take away the riglit of that nation or of any other nation to exercise these rights. They are, in fact, the common heritage of all mankind, and incapable of being appropriated by any one or more nations. Kciii's '• Com. 'fJic rights and interests of nations in the open Hihciiiiio'ii, HosIoii, soa are correctly stfltcd by Chancellor Kent as l.S.58,p. 59. 'follows:— " Tlie open .soa is not capable of being possessed as I)rivate jjioperty. The tree use of the ocean for navigation and liHiiing is common to all mankind, and the public jurists gt'iii'inlly and explicitly deny that the main ocean can ever be appropriated." \\ lualoii, Klcmcnts, Slli rdiiion by Dana, 18(JC. l>. 2GU. The controversy between Grotius and Seldeu as to the right of appropriation by a nation of the sea beyond the immediate vicinity of the coast is thus reviewed by Whcaton : — " There are only two decisive reasons applicable to the ([ucstion. The first is physical and jnaterial, which would alone be suflicieut ; but when coupled with the second reason, which is purely moral, will be found conclusive of the whole controversy. " 1. Those things which are originally the common pro- perty of all mankind can only become the e.Nciusivo pro- perty of a particular individual or society of men, by means of possesbion. In order to establish the claim of a particular nation to a right of property in the sea, that nation must obtain and keep possession of it, which ia. impo.ssible. i-r: I'i ^^ i' % J nm iif '.ii' U2 " 2. In till' Nc'cdiul iiliu'i', till! SIM i.s iin cK'nioiil svliifli l)eloiij,'s I'liunlly to all iiiun. liko tli« iiir. No nation, llu-ii, has t lie right to iippropriatc it.cvi'ii llioiifjli it njiulil lu^ pliVHicially jiossihli- to ilo so. " It i.s lluis ili'iiuinatrati'illlrat IIk; sua cnnnol licconic tlu' f-y; Oriolnii, (ixclusivo ]ir(i]ii'ity of anv iiiilion, And, ionsr(|iK'ntly, thc! '' Diplonialii' il.' Mcr," torn. I, use of till' sea for these imriMKes, remains open and uoninion to all mankind." pp. iiO-rJ(i. In a nolo on this passaj^c Mr. Dnna aclil.s that — of AVIicatnn, "The right of one natio'.i, or of several nations, to an oxolusive jnrisdietion over an open sea, was, as i-taled in tlu) text, rested .sohdy on u kind of jiiysi.riiitioii. liul however long acr|iiicseod in. such an a]ii)ro|iriati(iii is inad- missiblo. in the nature of things; and whatever may he the ovidonce of Ihu time or nature of tlu' use, it is set aside as a bad irsage, wliieh no evideneii ean make legal." Sirl*. I'hilliinorc writes: — " The right of navigation, tisliiiig, and the like, uipon liie Pliillimorc, ' Inler- opun sea, being iiiiv inmr /(((-('//'//(s, rights which do not ''"'l"""' .''"*• ., ' '^ ■' • .... 2iiil ocMtion, 18/1, require a eoiitinuoiis e.Kercise to maintain their validity, j k 171, but wliioh may or naiy not he e.vereised aei'i:il elVect to establish aial lix its e.xteinal maritime juri^die- Law," vol. i. ton He cannot, liy a mere l»ecice, extend the "y' "' ''' ,. ., 1 ,.•..,- 1 1 •,• 1 111 11 Si'C niuf Uj:ili. limit ■iiid hx It at nines, I ei'ause, il he coiiKI, he could n u,,i(p,i st:iiis in the same manner, and u]ioii motives of interest. No. 2(180))," ntnbitioii, and even uiioii caorice, lix it at 10, or 211, or I'' "^ . , See ApiiCiittix, 50 miles, without the consent or aciiuiescence ot otlier vol iii. Powers which have 11 common right with himself in the frcedo!!! "'all tlic oceans. Such a )ireteiisioii could never bo successfully or liglitfully maiiitained." It is claimed hy Great Hritain that the laets already staled estahlisii : — (A.) 'that IVoin I'le earh'esl tiiue.'i down to liii> ciKiita-I. ye;u' 1!S"J1 llie slii|s of (ileal Mnlttiii iuid the No ].icsrriplion in op. n mm. laUeli i.^t; bv lliilc ■>': ('Mh;i. I Si^i;.'. 1:1 143 (ll'IlVIMl UOIlolllsiollS. Uiiitod States and of other foreign nations navi- fjated the non-territorial waters of Behring Sea and the other parts of the North Paeitic, and exereised i'recly the natural and common rights therein without interferoneo or remonstrance hy Jlussia. riiapirr II. (B.) That when, in the year 1821, Russia, in the terms of the Ukase of that date, advanced claims to exercise control over a considerahlc portion of the non-territorial waters of the Nortli I'acific (ineludin!» a large part of the non-terri- torial waters ^of Behring Sea) as over a mare clauxum, the practice of nations and their admitted rights upon the high seas were already entirely opposed to any claim to such exclusive and exceptional rights as Avcre embodied in or implied hy the Ukase. That this attempt on the part of Russia led to immediate and emiihatic protests by Great Britain and the United States, which protests led to the withdrawal of Russia's claims. That those claims were never recognized or conceded by Great Britain in the smallest degree. That, in view of the continued practice of nations and the growth of the principles of international law since 1821, the arguments then employed by Great Britain and the United States have to-day, if possible, even greater Aveight than at that period. Chapter III. (C.) That the body of water nov commonly know n as " Beliring Sea " is included in the phrase "Pacific Ocean" as used in the Treaty of 1825 between Great Britain and Russia, and that that Treaty was intended to declare the rights of Great Jiritain to navigate and fish in all the waters over Avhich Russia had attempted to control and limit such rights, that is to say, from Behring Strait on the north to latitude 51° on the coast of America, and latitude 15° 50' on the coast of Asia. Chapter IV. (D.) That for a period of more than forty years, that is to say, from 1821 to 1867, the subjects and vessels of Great Britain and the United States and other nations continued in increasing numbers to navigate, trade, and fish in the waters of Behring Sea, and that during the whole of that period no attempt was made on the part of Russia to reassert or claim any dominion or jiuisdiction over the non-territorial waters of that sea ; but that, on the contrary, the right of all nations to navigate, fish, anH exercise common rights therein was fully recognized. [248] U t;j^ V. I 144 U islands within those waters was complete, an examination of the principles of international law and the practice of nations will show that her jurisdiction (subject to the question of embayed or inland waters) was confined to the distance of 1 marine league or 3 miles from lier shores. Ortolan, in his "Diplomatic de la ATer," pp. 145, 153 (t^dition 18(M), says :- "(In doit mnjior s\ii' la im"m(' li<,'no (lue le.s rndos ol K's Proceedings of , n- 1 1 1 • \ f 1. Halifax Fisheries ports, lea golfes nt les liaios ci tons les I'liloiicfincnts Commission 1877, ronmis .so\is d'lWitrL's di'iiuniinatiims, lnrsi|iii! res enfoiu'o- p. 163. lueiits, Ibrnii's jmr leu lerres d'uii -.ui'mo KUit, no dopussent pas eu laryeuv la doublu poiti'o du canon, on lorsque routiL't' ]ient on rtre ;,'i>uvernr'0 par rartilloiii.', on (prcllo est dofendue natnrcUenient ]iar dcs iles, par des bancs, on par des rnclies. Dans tons ocs cas, en efl'et, il est vrai do dire ([uo cos j,'olfo.'s on cos liaies sent en la puissance ilo rfttnt niaitrej(hi| tevritoiro qni les enserre. fet l^Uat on a la possession : tons les rnisopnenients ([ne nons avons fait a I'egavd des rades et des ports peuvent so rupeter ici. • • • » "Les liords et rivagcs do la nier ipu baigne les cotes Ortolan, p. LSS, d'un Itltat sont les liniites maritinies natia-elka de cet fttat. INfais ponr la ))roteetion, pour la iMfeuse plusj^effieaoe de ces limites naturelles, la coutunio gi'neralo des nations, d'aceord avec beavoonp d'-- Traites publics, perniet do tracer sur nier ik une distance convenable des cfites, et Authorities as to tlio ^l-mile liitj' Ortolan. 14; siiiviiiit luiii's ooiitouvH, itiic li^iic iiu:i;^iuaii'o qui ili)it rliu Loiisiduriio commo lu tVontii'ii! iimiitiiiu! iiitilicii'lli'. Ttiiit liiltimi'iit ijiii HI! ii'ouvL' 11 tuvi'i' clu colli' lijrim csi lUi ('.iii! iliinn lis auu t\v. I'Ktiit ilmil I'llc limiU' lo drtiit ilu iuuvu- niincUi ut di«.jini(li<'tioii," C, t Ith' ■• Wiisliinnli'ii." l'ro((M'dill)f» of llalilax l-iiiliprics Conimihsion, 1877, p. 193. o tlie !!-niile limi:. Under tho clausos ol" llio (loiivonlion ol" (lio Hth February, 1853, llio casi; of tlic " VVasliiiij,'- toii " (which had hcoii seized in the Hay of Euiidy and eonfisealed in the Vice-Admiralty Court at Yarmouth, N.S.) enino bei'ore tlio .Toliil Commission I'or settlement of claims in London, and on the disagreement of the Commissioners was decided hy the Umpire, l^lv. Joshua Bates, in favour of the United States, In his decision he said : — " Tlio quo.stioii turns, .su liir ii.s iclaU'.s lu I lie Treaty .sti|mliilioii.s, (III the iiii'iiiiiiij,' ^jivcii In IIk! wmil ' liavs' in tliu 'I'leaty of 178;i. liy tlml Trciity, the Anioiicans iiail no liglit 1(1 dry and I'lin; Hah on tlie shores and hii/i of Nuwl'ouudlaiiil ; Imt they hud tlint rij^jlit mi the .shores, coasts, /«(//«, horliours, and cci r/iw of Nova Scotia; and, iis thoy must laud to euro Hsh on tlic shores, liays, and creeks, tlioy were evidently adinitted to the shores of the biii/n. (fr. Hy the Treaty of 181H the same ri^'ht is granted to cure fisli on th(( coasts, liays, i^tc, of New I'oiiiid- liiiul ; but the Amerioan.s reliiKiuisliod that rijijlit, nm/ the right to fish irilhin .'! /»//<< of the mdnls, hnifs, iC'c, (/ Novn Scotia. Tiikiiy it for i,'ranlud that the frauuiis of the treaty intended liiat the word ' hay ' or ' hay.s ' should have tho .same numnin^' in all cases, and no ineiition lieinj,' made of lieadlftiuls, there appears no doubt that the ' Wusliinj^ton,' in lishinj,' 10 miles from tlie sliore, violated no stiiailations of tho Treaty. " It was urged, on heiiaif of the ISrilisli Government, that by 'coasts,' 'Imys,' &i\, is under- '.lod an inia!,'inavy line drawn along the coost from headland to liendhiiid, and that the jurisdiction of Hcc Majesty extends .'! marine miles outside of this line ; thus closing all tlie bays on the coast or slioro, and that great body of water called the ]'ay of Fundy, against Amovicans and others, making the latter a liHtisli bay. This doctrine of the headlands is new, and has received a projicr limit in the ooiivcnlion 1 'tv'Miii France and (ircat Britain of the 2iul Aiigust, l6.'Ai; in which ' it is agreed that tiie disUince of 3 miles, fixed as the general limit for the exclusive right of fisiicry upon the coasts of the two countries, shall, with res|iect to liays tho mouths cf which do not exceed 10 miles in widlii, be measured from a straight line lUiiwn from headland to headland." "The liay of Fundy is from 03 to 75 miles wide and 130 to 140 miles long ; it has several bays on its coast ; thus the word ' bay,' as applied to this great body of water, has the same meaning as that applied to tlic Bay of Biscay, the litiy of Iteiigal, over which no nation can have [248] IJ 2 V r |.V ; i la'aillaiiii. Tlu'sf islands, ai n'luv.'^i'ntcd in all Kt^iif^rftiiliic.-*, aif situated in thi! Atlantic Orcan, Tim iiMicluMioii is, tliiiivfin-L', ill iiiy mind iiivsistililc that tlin Hay of Fiiiidy is not 11 ISritisli liuy, iiov u liay within the iiH'aiiin;,' of tlii' word as usfd in the Treat ius of 17HU and ISIS." Till! A<,'ont for the Uuiti'd Stiitos bcforo the llalifax Fishi'rics Commission, 1877, quotes this decision, aud adds tiic following note : — "Tliis Convention hftwcoii France ami Cheat llritiiiu I'roccedingi uf , , ., , ,,,.,. ^1 in M '1 Ilallt'ii I'lslierivH extended thu headland dnetriiie to linys 10 miles wide ; (<,„„„i„io„ 1377^ thus ^'oiii^' lifvond the p'lieral rule of international law, p. 103 (note), accoi'diiig to which no hay.s are treated as within the territorial juri.sdictiiiiiiiif» wuti'iH is liiiiiteil to :i miles from low-walor ii;ari» nlong ilH Hca-coant, ami the same riilo a|ipliua ei|iially to bays luul |,Mill'-' wlio.se witltli e.xceedn tj miles from hoadlaiul to headland. Property iu and dominion over the sea can only e.xist as to tlioso portions unpablo of jmrmnncnt posses- sion ; that is, of a pos.scssion from the land, which posses- sion can only be nmint^iinod by artillery. At one mile beyond the rcaeh of coast-yuns there is no more poH.se8siou than in miil-oeeaii. Th.t is the rule laid down by almost all the wrilors on inlcrnationul law." As to inlaud seas and soas over which empire may extend, the following authorities were referred to by the Agent in the same brief : — "At i)resent," says Vatlel, " Law of Nation.s," Hook 1, eh. xxiii, §§ 289, 291, " the whole space of the sea within cannon-shot of the coast is considered as making a part of the teiritory ; and, fjr that reason, a vessel taken under the yuns of a neutral fortre8.s is uot u gowl prize. " All we have said of the iiiirts of the sea near the coast may be said more particularly, and with much {,n'cater reason, of the roads, bays, and straits, as still more capable of being occupied, ond of greater importance to the safety of the country, lint I 8[)eak of the bays and straits of small extent, and not of those great parts of the sea to which these names ore sometimes given — as Hudson's Bay and the Straits of Magellan — over w liich the Empire cannot extend, and still less a right of property. A bay whose entrance may be defended may be jiossossed and rendered subject to the laws of the Soveieign ; and it is of importance that it should be so, since the country may be nnich more easily insulted in such a place than on the coast, open to the winds and the impetuo.sity of the waves." Professor IJliintschli, in his " Law of Nations," ]3ook 4, §§ 302, 309, states the rule in the same way:— " When the frontier of a State is formed by the open sea, the part of the sea over which the .State can from the shore make its power respected — i.e., a portion of the sea extending as far as a cannon-shot from the coast — is considered as belonging to the tenitory of that State. Treaties or agreements can establish other and more precise limits." "Note. — The extent practi.sed of this sovereignty has remarkably increased since the invention of far-shooting cannon. This is the consequence of the improvements made in the means of defence, of which the State makes use. The sovereignty of States over the sea extended J^' i>' ; [V. Us im livi(iM' (111' |i|illi'i|ili' : ' 7'i ; (v> 'limtmiinii fiiitlnr.iil'ittfithirirnii'iinn ii». ' W'HliJIi ri'ilniii liiilila. (tii'lv iiii' ■Jilliiiii((i'.l (" lln' so\i'li'imi(\ <'l (III' liiiiili'l'ili^ Sdid' " (■' ) Till' |lill(iilll III' till' '/< , — ( 'I'liiim )>oiiii>iH ii( (111' "I'll nil" «ii iii'iii l\ ji in II 'I I \i\ (III' fifi-ii /iiiit'K (liii(, id ^oiiio iiii'iwini' ;(( Iimi«( . (ln'V iMIllllI to Covin II )l|»Vt Ol (111' (iMlidIC '■ (111- llllllll'lilio S(i\(i' . (Iii'\ i\n' I'.MtHiili'ii'il i|q iiiTi'ciniini'n (.1 (lio /i-r>ii /irmii. Till' siid'tA i>( (111' .St«(.<, niiil (III' )iiililii' i|\tiii(, 1111' «ii ili'|ioii- ili'lK nil (Ili'lll (llill (Ili'V r;lllllii( 111' riilld'llili'il, ill icldlill ^^iilCs. w nil ilii' I'l'idoii nl' till' Hi'ii iMiiy iiiiili'r till' (ill' "I' I'lHiiioii t'lvm (111' io,i»(. Tln'-<(' i'\ri']v(iiiiiii •'oii No niir ilijumd'n Ilii' imvvov o( iMirli,, 111 nvoi (lii> mill o( llii' wi'ii Ivinij ln'twi-cii till' 1«1«' ol Wiyl'i mill (111' I'',niili'*li . vist, '•'.liirli I'onlil nut til' Miliiiitd'it (or (lio ni'ii Iviiiy l'i'(v\i'i'ii I'',, I", mill mnl hi'lnml ; (Ito V.ii;;li«li Ailniniil(y liii'^. luniivi'i, 'iiini'(inii"i iiiiiin- Ijimvl tlir tlicoiy ol ' iiiiinw '-oim . ' -.iiil liiis (iicil. Iml \vi(lioii( Miiii'ss, (o Ki'oji fnv i(» owr, i(i(c(i"^t, iniiloi tin' iimih' ol ' Kiiiji'" t ''' iiiilii'lv' sonii' .■oiiaiili'vuMo ovtciit'' ol '.111' ■-iM l\liili('r. " Ih'oii (io'vtiOiis Moiloi'iics tic ri'!iii>>|i(' ^r.nis. o,li(iinn'ii( Ics 1'i,>roi>iliii(!' nf Miilin • il^ll>. (- iii;iii(inios, on iMiiii'Xos 'i|Hi'i'|itililr'i il'nno jnw S('«si,ni (A.lnsiw. Sliv livijUi-K I'Mlut ;1 ,\ri|lll^ (,\K\V o.'i 11 - I'.uiiiii "11 iMiiv.-^ViiiotO o( loiitiinu' In soiivovmniMi', Soiit 'lo 11' uomliix'' ^1^ los pavtios ili' ViVi'nn ijiii nvoisinoiil li> d'lriioiiv ,'oiitiiioiit;il ilo l'Kt,i(. >siHir ;;, mviiloniiiit iiilond'c. iiiitiiiit nuVUi's «> Iconvi'iit >•>»> l.( ]>oi1co il\i i.iiion i|ni MCinit i>liu o snr lo viMiuv ; ("J'' K > ]i;nii>'v ilo l'i^-i';ui <\W ^<'^■^0lull•ll( iliill'^ lo li'llidilli' ooiitiiH'iKal »li' I'l-ldil.si (Hon ]i<'iivont i"tiV};o\i\('VHi'Os)>iii lo rmiiiii <1>'^ til iix l>i.t>K. on i|ik- IVntn o siulonuMit iii )m\iI '•iiv ill tiiiiluo au\ \nisso,"\n\ (irolfos, Iwios, o( onlos): (S lo-> (li'tr. it.« 1^11 SC[M. .It ilou\ ooiilinonls. (>t ijiii I'lpilt'- Jucnl »irt sous la pnHiv ilu CAiion pliiiN' snv lo l■i^l\!^r', o\i liout rontn'O ot h\ sorlio ]-Hn\rn( I'tio lUfonduos (d^twit, i«n.il. Vytsph.iiT'. s>wiirV Sin) on.oiv ilu m'Miio no;iilv,v : {Ai )fi colli'.*, lictiviits, ct iniT* «\oisinaiU lo tt-iiUoire I'ontinoiu.il il'iin r-t.ai, l<'5.ii«olf.. inioiqu'iU ne soiont i«!« cntii-n niciit si^hh ':i iioMt'c Appi'iiiliii, Mil. Ill Hrv l^iril I. nil". ilnwiiM (n Ml- Kliiiiliii|'p. N.iV4-mliMrr/, |RH(i. ItllM' lllMlk. " I'lllll'll fi'ltl<"i Nip. 2 (IHH(I)," p. W. /\|lpP'llli«, Vdl. iil. 11') n'KRi-fc-llill', I'IPIIIIIII' ■MltlllliM I'l mill l|;ll|l|l|||. ("I., pill Cllll Mi'i|iii'iil., iimi'ii'MiilijiiH iiii<( viiisii'iuir r'triiiiL^i'iM ipil m'/imi |i(iili|. (ililciiii III pciliii'mluM il'v iifivli;iiM'." 'I'liis v'pW; iniirodVcr, wns ciniilrilJcilly ni'iiii- liiiiH'd (III lii'liiiir ni" i|if> (Inilfvl F4tiil(>^ on llic ii(!(\,Miuii fil' I.Ik! Hni/.iiios ill Um) vc'ir ISS7. Tlif» rollowiiitj i^ flii> citlmcl rivmi llio liiii j' i,\' i\\i' Ifnilcil Hlnlfi on lliis iiccdsi'iii : — ' < 'iillitciliitu! Iliii ijiiiliiiii' III iiili'iliiitiiiliiil Inw ihIii- lllilllillf! Wlllll JM IdHIWII MM ll|l' llllllllIM |l-llllltiili'ii;q nii'l "iliil'ii4ili"l nj' it« cniml. tJicri' Im III lliiq iliiy iki ihhiii Ihv ilimnti^idii. Il imiit lip (i(i!('|ilpi| iiH llm flntl.li'il Inw of iinli'iiiM (1. 'i-t qi|itiiiii("l liy III" liiiilii'Ml iiiilliorilii'^. Inw wiil'i«, iiiid piijqli. Il lum liccii 'iniiclifiiM'il liy IliP I'liiliil .'^((ilct "irii" lln' firiii'liili'in nf till' (l(iVciMliii|i(. Il HUM iiHirini'l liv Mi .li'Ki'iH'in, Mi'CK'liiiy "f HIjitM, HM f'liily a« I7!'.'l. mnl Iiuh Im'uii r.-- iil1lriii(>il liy lii« MiiccoqiiiiiH -Ml. riik»irii!.', in ITO'i; Ml. MmliMi.ii, ill IM07, .Ml, \Vil.ii<,, in ff\\',, SU ll'iiliiiimii, ill IHKi; Ml. Ki.wiinl, in Mllii, li^'i.i, mrl IHIII; Ml. ('isli,* ill lltT'i; Mr. Kviull, ill IH7'' Mfi'l IMfU ; Mini :\ti. Iliiynril, ri It!;!!;." f \V||. ■.loirq | \VliaTloii| '' Intci- imllolllll 1,11 W," V'll. i, u^r, .:!,', pp. jOO ii||i| I'l'P, ) " Siiiii tlnni'il tlnm liy an iiiiliioki n line '.f pif(M|<.|ifq '■'ivcriiifi llii' lli'-l I "111 111 / 111' 'ill? iiMli'iNiij f>>:isl"iif'(', 111" I'liili'il MJiili'q woiiM nil!, mIkiii'I'iii l|ii< (Vi'liini- if (lif^y C'llllil; llii'y (iiiilij (I'll, if flicy WOllM " * Tliin pr plmlilv fif'TH I'l VIi. ('uli'a l"H"r nlfs'ly 'pritpil .'it p. IO!l, III- III hi; li'lliT I') Hir H. 'I'lidrn.'iii, dn'til llm yZinl .lniiiiiiiv. 1^7 ii, wlii'^ii it ni f'lllowi ; — " Tlip iiislrii'li'Mi froin Ih" I'orpiL'ri Offi'd t'l \1r. \Viil=',n of 111!' 2'ii|i Dpci'iMJicr liml, n inpv "f wliicli wn roinrMiihi'nt*' liv llint HPiitlciTi III I'l tlil« DppurltnPiil, in lii< not'' tit tlip I7lli Oiliilier, (lirfl'tn tilm Ui (nrprtniii Ihe »iew» of thi« (ioiftn- niriil ill rpgnr'l I'l iIip pwIpiiI "f innritiinp iiiri«'l|p'i'>n wlii'li run piiippily lip claiiiiP'l liy nny l'o«'"-, niifl wIipiIipt wp Ih7p pvr ipnri((iil|p(l lliB flniiM nf Hpm,. I'l n 6-miip limit, iir iiitp "vr prii|p l'> tliii'P roiilaiiiFil ill tlip inslriiPtion of tliP Ivirl of Oprliy " V\ 11 Invi' iiinli rsto'i'l nii'l nisfrlpil tlinl, piirsimnt to public li.v, III) iinii'in (nil riijlitfiillv (Inim iiiri«'li''ti'in «' «p« l*yonH .1 ir.iriiic Iphu'iii! from llie tnnsl. " 'lliin opiiiidii on our pnrt Iiik >ometimp» tipen «ai'l to !>«• iiiriin<.i«tpiit wiili liip fuels that, liy itip l.iw of ll,p t.'niiPfl St»t<>», ipviniip ciillir' nip niill:orizpil lo Inard tr«»fU anyxiifrp within "1 |pn((i|p» of tlip'c coSBtJ, mill tlidl by ttic Ireity of Oim'l.iluti*- niilnljVH"« i'\pvi>nsly I'miinliMl nii n HU|t|i(»mM| linltl, ii> ln>li| It |ti)i'llint itl' (ln« I'mimHi' tm tKrirr i'/»((m(m»), l»oi>,nim> Hint iinliiiM I'liiinicil tlii> tcnilnrv on Imlli !«i^to^. I'lviMt if IMm rlsvim linil lii'iMt W'l'll I'linnilcil (l\i> Tit>nty "t 1^(17 ii('M)iit\ I'll il, liiu'o llio hi'ii wtm iin lonifiM' slinl ill Of i»ii»Tom\(loil liy llw (onilitfy of ono i\nlini\ On this snti|i'i>( Oilnlini «i'ili'si - " ' 'Jiimd mn i>ii'M iiiiHifMlii'TOfl I'l inli'iii'inrn, mi <\\lii ilo In I'lill irniin |iii,ii(piiliiiii('. » it tiiiii Kiiv lino (olli> iiii'i n'i'«( iiii'iiii(i»i|iili|ii iin'iiiiiiiiil ijiii' l>l|ilmiiiitli> ilr In , , , 1 1 , , I M'l." <" I'lliilim, Ili>(li> IlliM I'M (n(illi'll»ii|l( iilli'lilVOC ilillii h' (I'llMiHii' ill' i^ji^i I ||. (i>llii fliiilo iiii'i-llo I'll I'liil )inilii' iiiliViiiiliti', I'l i|ilVllii 111' |u>iii nl'ii'liiMii'iit fli'iviv ill' lit»ii lie 1'1'miiiiiiiii'iilii'ii i'l ili' Ciillimi'l-i'i' im'i'lllVi' li''i 'ii'lll'i rilnvi'll'i ill' ri'lli' iiilliiilt AloVS, I'll ('IVot, lUli'inu' ili'fl rilllfli"! ijlli fillll illl'llili'lii rtnil i\ III |'l\')>" "rf. «.>it i^ I'lMlll'IlT i|i"< ini'l'-i, tic (tllllM' iri '"ill it)il>lii'i\(ii'i\ MiiH ilii tii'iiiii'iii i|iii' ulii-jii'iii^ I'liiiii iliftUlVlUx JiiMSuMoill ill"* ri'ld"! niiliiiii' ilo I'l'lli' iiii'i-, iiiii'ilii iVi>ii\ no )v'iit p'on iliii' ('ii'i'iii dun' in 'n'livi'iniii i\ I'i'mIii ei^i>' Ti'rtvoi's TwisN wfid's (o (lie 's:\i\h< I'lVt't'l i — " !(' t\ 10:1 m ,nli'Ylt/ »)((7ii»ri/ In (In' li'tiili'iv "f » „ ,,, ,, , ■ lll)ilil« mill nunon. itiiil lini no ollioi lOininniiKiihon Willi Ilio ih'i'mii Dnlica i: — ' M. I( i« j;>'noi-:iUy n>lmiltoil tlmt llio loiiiloiv of n llnllnir* Stolo inolf.ios tlio sorts, liilii's. iiiiil vivi'vs I'liliii'lv inoIoMoil IiiIi'iiiiiI'kiiiI ih", , , „, , ■ , . , '"' '. ''"I' "i wiHun lis Iiinils. Inns, s,\ louji ni llio hIioii'i ol tlio .,., |,j;j |(»| Ul.ti k Sort \\on> ovoliisnolv ('iviscssoil liy TnvKoy, Ilinl boh vnijjiil. >xilli iMMpvioly, K' ooiisuloiiiil ns n >ti,irr i7r(»(M/»i , rtiiil tlioiv s<>('tn(^l no tvrtBiMt to i|noHlion (lie ii^lil of ilio v^Komrtii ToiU' Iv' I Aolndo otliov iiiilioiiH fl^^nl niiMinilino tin- )vtss.V!:v wtiioli ootnnvis ii willi llif Moiliioiirtnoiiti, KmU sh.MVs ol ilus jviwi^jiv I'oni^ iilsn jiovIioih of llio TiiiVish loniloiy, l^nl wlion PniKov lost n jiiiii of lioi possosMon^ Kmioriivi; tn'on tins son.niiil l!n'«Hirt luiil loiniPil lior iXMnntof-irt'. ostrtliltslinioiils on llio i*lioi>'i< of llio Finuio. Km1\ llirtt Km)'nv niul otlicv Mnvilitno I'owoi ■ l>o^■,^lno onnilisl to jvinioiniito in llio ooinnioivo of llio l^l.iok Nvi. an.] >vnjtvi lo llio saino inlo mm inhnnl seas . wlicri^ incli'«clon^i\j: to tho toriifory of thu! Siaio ; iMit^if vhf^from iMtions ivcujiy tlioir Kiulovs, tlio nilo of TO (iliuvn /mll«ii((i»M Idin Iii'I'Ii f,(I)iM)ill_v ll(lo|ilc(| liy Mil ()ccfC(|i(,c(| M»>|inwii(Mlivi' i,r llii. IWiili'd HLiilcM, -.o llmt, i| jh |M'rllll|IM (lll(|(•l•(.H^,|r,V to illM(Ml, rillllll .■ M|,l,|| jl i„ IIiIm ciiiuK (•lion. »l l'"|i(<'HMllli(.lvcH ill Sllii-rix clllim''! Il.itl llir. (Hull I Mill/ Ml", MmI (if l||{||l,|r||( will, ,1 „i,ltr lIlllKUtlll, I'll (lllll. (ll("'(iia( I'lli'lljil li.1,1 |,,|,,,|,|,.,| f,,„„ ,.,||,,|,| („ i„|„,„| „,„| „y,,f ' llirililli. |i|l(il|iM i,f iiilMliii.ljiil,. VI!, fiutli , (.11,111, Ul Kiiiiili Inill'ii •' lliil i,l,.,iif dvi' yMi|:, ii;/„ lliiwi.i M'Ir.l II,,. uiiltntli i'i'iii|, 1,1 II, Mil, ii,i,ii„i„ i„ ,r„|,„„ i„ ,,.i,i,„ fiif II, „ i,,,|f ,,f III!' Il'lllll'l 1,1 .'■|,),||ll|il (I, .vlli. I, IicIoii^imI |„ ||,„(, (',,W(.|, " Ah |!i,i„i i„! lliin wmi 'Idiic, il, (icmikci ir(i((,rt,iiil,((. fut tin- Hil/ciiiiii iiiilliniilii.,, |„ |,||,i,||„i„ ||,„if (.|i,i(i,. ,My ififfff. liiniil. wiM! (,',t iiwiiii, ll,„|, flii,, ,|„i.,., |„„| „./„f (^,,,„ "I'li'iiinly III,,, I,. Ill HI |',.|,.,j|„i,(, ■' yNiid ',11 iiic zTi\, M/inli, muz, )i(. fiMil,*.,. widlc : — "I 'I'l 1,1,1 l|,|„|; ||,„f, ((iLiMJ,, M.lll,,- Millt 17,(1 H<.a <,t "Mi'iImI: im II iiiilri ilii,iniii„,irifr wlii< I, ..),.. |,n» /.r'lu^ivc Mill ili,li,,ii. If ..I,.. ,|,„.„ I,,., ,|,|,„ ,^ ,„,^ „ l/.r,„M<. ',;,<■, 'III" III., cwii,,,, (if |,„,| „f ((„, (,,,,„,, „( ,.„, Knfilc f-l.ir,f(« I" ■lil|,l,,l, if il, ,.v,.f wcf" l,(.(l»W> „l iiiiy (if(,(. " ^11,1 Hi-UK , Nclinlt. \'.t. Idif N-, Kill, ii yrio hm' ;<|i|iMiill«, v„l il, I'lttI II. Ni. IM. Mf ll,ilTiiinii 1,1 Ml. I>mIi,ikIiiij«iii Mni.li v;, \w\'f ftOlli I fillip, (•««, 2(1,1 Ki'«" , Hi'iiiitii Kk. !»,"•. N„. 10'!, |,. Vlll. Hi'i. A|i|i' ii'lli, »lii,,li,,,i „f ,1 ,|„.,,,| ^.^ //III, I, |(,„ j,.,t,li/;iiit- 'il nil ,iiili„„H will it/^;..j,f, V;if,ti;|'ii i]t,^\ va ig tn,. '(.|,ti„.|y ili'l/W'l l,y t|„. hiu'\ ',( .1 ri,i(iM,, .^it,!, „„|y , (■',i(iiiiiMii,i,li„i, Willi U|,. ,,,.„,-,„ (,y „ ,.),„„,„.| ,,( wf,i,,f, ,f,^. ii.ili'iii limy tdkc (,/«,/.>,..,„„.• Ifaiily-ffrii)!*' stfiUuntially »i'l'>|/N lliiH Hlnliniifut, nn'J'rtin'j inori- Hf^riHrM]\y, I,/,ww«t, Mml. Ili,i cliniififtl r„ii«(, ht riarr-.w >„f,ui(ii U, U '|/rf».rwl»..,| fr'itii III,- Hliof..,,. I'crcl^, i,w 1,1 the rnoTc erninwrif, of th- Inter (J'riimn wriM-rs, practically luif^.H lfa'it/ff':fiiJI*; ■. iliifiiiiti'iii. lint «/, imrrow a (;l,;.r,ric| „t (,p>-f,if,^ am Uuit iii'lif;,it,-l l,y tiie CKiiriciit Frcri' f, writT t^Ki, hardly f^ iiiHi()t<-j to [218] X I-'' ■^1 I m §, W 152 prescribe no JeKuition which would make the Gulf of St. Lawrence a closed sea. " Ilehrini,' Sea i.s not inclosed wholly by our territory. From the nuxst western island in our possession to the nearest point on the Asiatic shore is more than 300 miles- From our most western island (jVttou) to the nearest Russian island (Cojjper Island) is 183 miles. The sea from east to west measures about 1,100 miles, and from north to south fully 800 miles. The area of the sea nnist be at least two-thirds as great as that of the Mediterranean, and more than twice that of the North Sea. Tiie Straits of Gibraltar are less than 9 miles wide. The ch.„i' entrance to the (lulf of St. Lawrence, which is entirely surrou'ided bj- British territory, is only about 50 miles in width. ]!ehring Sea is open on the north by the straits, 36 miles wide, which form a passage way to the Arctic Ocean. On what grounds and after what modern pre- cedent we could set tip a claim to hold tliis great sea, with its wide approaches, as a mare clnusuiii, it is not asy to see." Dana, in a note to Wheaton's " Elements," says : — "The only question now is, whether a given sea or Wheatoii, Hth sound is, in fact, as a matter (jf politico-physical geogiapliy, ti'''"/!' witliin the exclusive jurisdiction of one nation. Tlie claim section 1 87 (note). of several nations, whose borders surround a largo open sea, to combine and make it marc clansum against the rest of the world, cannot be admitted. The making of such a claim to the Laltic was the inruiuity of the position taken up by the Armed Xeutrality \\\ 1780 and 1800, and in tlie Hussian Deilaration of War against England in 1807." Air. IJana. It is further claimed, on behalf of Great Britain — (F.) That from the acquisition of Alaska by the United States in 1867 down to the year 1880 no attempt was made by the United States to limit or interfere with the riglit ol' the subjects of Great Britain or of any other nation to navigate and fish in the non-territorial waters of Holiring Sea. (G.) That the original ground upon which tb(> vessels seized in 1886 and 1887 were condemned rested upon a claim to treat Behring Sea as muri' clausum, and as having been conveyed as sucli, in part, by llussia to the United States. That the contention of thn United States has subsequently been rested upon a claim to ex- clusive jurisdiction over a space of 100 miles from the coast of the United States' territory. Tliat subsequently a further claim has been raised to an alleged special right of protection of or property in the fur-seal. Chapter VL Chapter VII. AlK'.ui' iii'ial CI inclusions. Chapter VIII. il liLilil III' in'otectiiin. All Ili'Jii I ilo.u'oiis 4UL'stions. if suarcli on high seas. Mr. Madison to Mr. Monroe, January 5, 1804. .\merican State Papers, Foreign lielations, vol. ii, p. 730. Slave Triide. llW'Of '• .(' 1.1 mis ' uM,Hiij,'iMl in Slav.. Trade anil s.^izeil. "Le Louis," 18Ui See Dodson's Admiralty Casi'i", vol. ii, p. 210. 153 As to Point 5 of Article VI— That, as regards the right claimed hy the United States of protection of or property in fur- seals Avhen found outside the ordinary 3-mile limit, no property exists, or is known to inter- national law in animals /era; natura- until reduced into possession by capture, and no nation has any right to claim property in such animals when found outside territorial ^^•ator8. The only I'ight is to prevent the ships and subjects of other nations from entering teiTitorip,l waters for the purpose of capturing such anim? 1.. Upon analogous questions similur principles have been generally maintained and recognized. Thus, with reference to the right to search neutral vessels upon the high seas — In 1804, during the war Avith France, Great Britain claimed to search neutral vessels on the high seas, and to seize her own subjects when found serving under a neutral flag. The position taken on this subject by the United States was not only in opposition to such a right, but that country insisted that in no case did the sovereignty of any nation extend beyond its own dominions and its own vessels on the high seas. A similar view has been adopted by all nations in relation to the Slave Trade. Although it cannot properly be argued that the taking of seals in any manner whatever is comparable with the immorality or injustice attaching to the Slave Trade, yet, even in the case of vessels engaged in that trade, the rights of nations have not been allowed to be overruled on such pleas. Upon this point legal authorities both in the United States and in Great Britain are quite clear. In 1816 a French vessel ("Le Louis") sailing from Martinique, destined on a voyage to the coast of Africa and back, Avas captured 10 or 12 leagues to the southward of Cape Mesurada, by the " Queen Charlotte " cutter, and carried to Sierra Leone. She was pro- ceeded against in the Vice-Admiralty Court of that colony. It was alleged that the vessel Avas fitted out for the purpose of carrying on the African Slave Trade, after that trade had been abolished by the internal laws of France, and by the Treaty between Great Britain and France. if B K ,1 \' I ) I i i'r mm. I 151 Tho Kini,''s Advooato admittod tlio prDHosilioii to 1)0 tiuo tji'neralln (lial llio ri<;lil ol' visitation and soari'li does not. exist, in time of |u>ai'(', hnt (liMiicd it to 1)0 so unu'vrsalhj. Occasions, he nr}j;uod, niav and must niasc, at a period wlicn no hostilities exist, in wliich anexiM-ciscol' this powei- would I)c jnstiliahlo. The rule ol' law could not ho maintained as a univei'sal |)i\)|>()si(io)), hut was snhjeet to e\eej)t ions, and within those exenptions must he included th(> jn-cscut transaction, which was a transi^rcssion, v>t onlv ol' nuinici|)al law, hut likew ist< ol" the ^i i^ 'il law ol" nations. In whatever lij;hl the Slave Trade ))iinht have hecii viewed in roriner times, it luust no loutco- he doen)cd within the i)roli>ction ol' the law of nations. ISinee the Declaration of the Coni^rcss of \'ien)ia, that the 81av(> Trade was re|)U!j;nant to the piinciplcs of humanity and of univosal morality, trallic in slaves must 1)(> considcroil a orim(\ and it was the rij;ht and duty of (>vcry nation to j)rcvcnt the comniissio)) .tf crime. On the whole, he suhmilted that the " Lc Louis,'' liavi))i;- heen eniiaijtHl in a tj-allie prohihitt^d hy lh(> laws of her own country, and contrai-y to the 5»eneral laws of humanity and justice, ought not to he )vsto)rd to the claimant. Sir William Scott, afterwards Lo)'d Stow ell, in the Hritish iliu;h Court of Adniirally, held, however, that trailiui;' in slaves was no! a crime hy universal law of nations. lie ohserved : — Slave 'X\-w\r, ('list! (if " I,C \.i,\\\h Lull! Slll\\<'ir,s ,lllclu'IIICll( not jiiNtilii'd 'IK \l '• N'cillu'i' this Ciiiul uoi ;iiiy otlirv inii carrv its priviiti' See DoHsou's iil>l'n'luMisioii>, iinli'i'i'iiiK'iil of Yaw. iiiti) its pulilii' jmli;- Ailniinilty ('iiso-i, vol II I) ''"l ') iiii'iits (HI till' iiiialily of iiitiiiiis. It nmsi i ciiitniiu to the " •'■*'■ jmlunii'iit of till' l,i\v uimii lli.it snbji'i'l ; atul aitiiii; as .i Coiiit ill the ailiiiinistratioii ol' law, il raiiiint attrilnitr ci'iiiiiiiality to an aol wlioiv llio law iaiimli's none. It must look to tho lo'j:al staiulanl ol' inorality ; ami upitu a i|uostioii ol' this uatmv, lliat staiulanl imisl in- foiiiul in tlio law of nations as lixoil aiiil oviiloiiccil hy i;om'ral ami luiciont and adniittoil praclici'. l>v Troalii's and hy tho Honoral tciumi' ol' tho laws and oidinaiu'oa and tho I'minal Iniiisiii'tiiins of I ivili/.od Siatos. " . . . . JtiK-li sti'oss is laid upon a suloinii doclaiatioii Ibid., p. 'Js'J of voiy oiuiuoiit poisons asscmlilod in ( 'onj^ross, whoso rank, liiyh as it is. is liy no moans tho most rospoctahlo foundation of tho woight of thoir opinion that this tiallio is contniry to all religion and morality. Givat as tho rovcreiu'o iluo to such auihoiitios may ho, thoy oiiniiol 1 think he admittod to have tho force of ovorruliii;.,' the oslahlifhod C"urse of the j,'oiuial law of nations." • • • • Slave Tretlc. Citfrof" U LoiiiH.' Srr Oodfon'i Adinirotty Ctaeii, Tol. ii, p 3A2. Ibiit.. p. 35C. I Caseot the "Antelope." United Slates' Supreme Conrt to name effect. Wheilon, llepnrt, vol. X, p. 66. 155 " It is next said that every coiiiitry Ima ii riglil to enforce its uwn iiavi^jation laws; and so it certainly Iiaa, «o far as it does not interfere with tlu! rij;lit.s of others. Itut it lias no right, in uonHequcnei!, to visit and searcli all the a))|iarent veHscls of other cmintriea on the hi'^h seas," * >l< « « " It is said, and with just coneern, that if not ]ierinitte I in time of |«!iici'. it will lio extremely dillicult to supprcs.* the Traflir. It will li(> so, and no man ciin deny that tlio snpjire.M.sion, howeviT desirahle, and however son^^ht, ia attended with enovmoMH diflieiiltie.s ; di.'lieultios which have liallled llic> nioHt xealons (Midt'avours for many yeaiu To every man it must hav(! lieeii evident Ihai. willioiit a general and sincere eoncurrenci'. of all the Miiiitime StaU^s, in the prineipio and in the proper modes of piirsning it, eomparativcly hut little of positive good eonld ]»\ a('(inired; HO far at least ,.o th" iiiterestsof the victims of this comniernn were concerned in ii ; and to every man who looks to the rival eluinis of liaise S;at(-s, to their estahlislKMl hahits of trade, to their real or pn tended wants, to their different modes of thinking, and to their rm\ mod(! of acting upon this particular suhjeet, it must he (Mjually evident that nueh a eonnurrenco was matte,- of very didioult attainment. Hut the dillienlty of the iilUim -tnt will not legalize measures that are otherwise illegal. 'It; press forward to a great princijile hy hreaking through every other great principle that .stands in the way of its estahlishment; to force the way to the liberation of Africa liy tramjiling on the independence of other States in I'jirope ; in .short, to prociire an eminent good hy means that are iinlav.Tul ; is a.s little con.sonant to private morality lis to public jii.stice. ( )blain the concurrence of other nations, if you can, by apr>lieation, by remonstrance, by examjile, by (^very peaco- able in.stnimcnt which man can employ to attrnt:t the con- sent of man. Ihit a nation is not justified in assuming rights that do not belong to her, merely because she mean.s to apply them to a laudable i)urpose ; nor i.'i setting out npov. a moral crusade of converting other naiions by actw of unlawful force. Nor i" it to be argued that because other nations ai)])rovo the ultimate purpose, they mtist therefore submit to every mep.sure which any one State or its Bubjeet{4 may inconsiderately adofit fcr its attainment." In accordance with this view ' the lav the Judpmrnt of the Vice-Admiralty Coiir. of Sierra Leone, condemning the French ship for being employed in the Slave Trade and for forcibly resisting the search of the King of England's cruizers, was revereed. The decision of the Supremo Court of the United States in the case of the " Antelope " is to the same eifcct. There Chief Justice Marshall delivered the opinion of the Court, holding that the Slave Trade, though contrary to the law of nature, was not in conflict with the law of nations : — , . [248] Y « .1 m i !{■ ri 'hi ■!l t a H 'r; !? list 1 1' 156 "No principle of general law is more universulljr acknowledged than the perfeot equality of nations. Bussia and Geneva have equal rights. It results from vVheston, Report, this equality, that no one can rightfully impose a rule on vol. i, p. 132. another. Each legislates for itself, but its legislation can operate on itself alone. A right, then, which is vested in all by the consent of all, can bo devested only by consent ; and this trade, in which all have participated, must remain lawful to those who cannot be induced to relinquish it. As no nation can prescribe a rule for others, none can make a law nf nations ; and this traffic remains lawful to tliosc wliosc Governments have not forbidden it. " If it is consistent with the law of nations, it cannot in itself be piracy. It can be made so only by statute ; and the obligation of the statute cuiniot transcend the legislative jMwcr uf the State which may enact it. " If it bo neither repugnant to the law of nations, nor piracy, it is almost superfluous to say iu this Court that the right of lu-itiging in for adjudication in time of peace, even where the vessel belongs to a nation wliich has prohibited the trade, cannot exist. The Courts of no country execute the penal laws of another, and the course of the American Government on the subject of visitation and search, would decide any case iu which that right had been exercised by an Americun cruizor on the vessel of a foreign nation not violating our municipal laws, against the captors. " It follows, that a foreign vessel engaged in the African slave trade, captured on the high seas in time of peace, by an American cruizer, and brought in for adjudication, would be restored." The subject is fully discussed in Mr. Dana's note No. 108 to Wheaton's International Law ™i,ga,oii "Inter- (p. 258), where it is said of Chief Justice Marshall, national Law," 8th edition, by Mr. Dana, 1866, p. 359. Slave Trade. Case of the " Antelope," Mr. DauH. in Church versus Hubbart, 2 Cranch, 187 : — " It is true tliat Chief Justice Marshall admitted the right of a nation to secure itself against intended violations of its laws, by seizures made within reasonable limits, as to wliicli, ho said, nations must exercise comity and concession, and the exact extent of which was not settled ; and, in tlie case before tlie Court, the 4 leagues were not treated as rendering the seizure illegal. This remark must now be treated as an unwarranted admission It may be said tliat tlic principle is settled tliat municipal Ibid., p. 260, seiz ires cannot be made, for any purpose, beyond tenitorial waters. It is also settled that the limit of these waters is, ill the absence of treaty, the marine league or the cannon-shot. It cannot now be successfully maintained, either that municipal visits and searcli may be made beyond the territorial waters for special purposes, or that iheic are different bounds of that territory for different objects. Hut, as the line of territorial waters, if not fixed, is dependent on the unsettled range of artillery lire, and, if fixed, must be by an arbitrary measure, the courts, in the earlier cascH, woiv not strict as to standar'Is of distance, I'rcnident Tyler. State Papers, by HerUlet, vol. xxxii p. 870. Article VTI. liiiisideriilioii of Regulations post- poned. m whore uo foreign Powers inter^'encd in the causes. In Inter times, it is safe to infur tliab judicial as well as political tribunals will in.sist on one lino of marine territorial jurisdiction for tlio exercise of force on foreign vessels, in time of peace, for all purposes alike." It is an axiom of international maritime law that such action is only admissihle in tho case of piracy or in pursuance of special international agreement. This principle has been universally admitted by jurists, and Avas very distinctly laid down by President Tyler in his Special Message to Congress, dated the 27th February, 1843, when, after acknowledging the right to detain and search a vessel on suspicion of piracy, he goes on to say : — " With this single exception, uo nation has, in time of peace, any authority to detain the ships of another upon the high seas, on any pretext whatever, outside tho territorial jurisdiction." Article VII. Great Britain maintains, in the light of the facts and arguments which have been adduced on the points included in the Vlth Article of the Treaty, that her concurrence is necessary to the establishment of any Eegulations which limit or control the rights of British subjects to exercise their right of the pursuit and capture of seals in the non-territorial waters of Behring Sea. The further consideration of any proposed Regulations, and of the evidence proper to be considered by the Tribunal in connection therewith, must of necessity be for the present postponed. > >* % [248J Y 2 1D8 ll dllAl'TKIl X. Itrriipilulotinn of Anjiimrnt. 'I'lio following iin^ Out |)i'o|)OHiti()i\N of \n\\ iiiid fikct, wliiol), if in iniiiiitnitxMl on holmlf of (iicat, Hrilain, Imvc boon oHlublislioil in \\w foregoing Cna(> : — 1. 'ri\o s(>i\ \M\\ known ns Holiriiig Hoa is an opon soa, froo lo llio vossols of all iialioim, and froo nso of tbo o\wn soa for navigation or flsbing. .1. At no timo j>ri<»r to tbo Treaty of tbo JiOtli Marob, 1H(17, did IJiissia possoss any oxchisivo jurisdiotivin in tbo non-torritorial wattTs of tbo 80ft now known as Hnbring S(»a. 4. At no tinio prior to tbo said oossion did Russia assort or oxoroiso any oxolusivo rigbt« in tbo seal Ikborios in tbo non-torritorial wators of tbo sea now know u as Uobring Soa. ft. Tbo attonipt by Hnssia in tbo year 1821 to rostriot tlu' fiwdoni of navigation and fisbing by tbo subjoots of otbor nations than Russia in tbo non-torritorial wators of Robring Soa was imniodiatoly and otVootually resisted by Ciro«t Britain and tbo Unitod States of America. 6. Tbo claims of Russia to limit and interfere with tbo rights of navigation and fishing l)y other nations in the waters of Bobring Soa, other than the territorial waters thereof, were never recog- nized or conceded by Great Britain. 7. The protests raised and the objections taken by Groat Britain to the claims of Russia to limit such free right of navigation and fishing were acquiesced in by Rusfia ; and no attempt was e^o^ made by Russia to again assbr-t llKMlHliiUli')" "f Argummil. IfiO or luiforrr nuy niicli NiippoHcd ri^lit lo ox(!lii(lo or limit tho rljjfUin of otlmr iiniioim to rwtvii^ato or IInIi ill llin watorH ol' Mio non now known nn l)«>liriiiK Hivi, oflinr than the t«»rritoriiil writ'Td tlioroof. M. Tlio nsNortion ol' riKlitH Ity llUNnia in tlio ,Vimr IH!21, and Imr in()IT(!<;turil »tt«;m|it to limit tho rif^hlH of nMvi(;fitiori and llHliiri^, wiin iiiopitrfv- tivo and lind no cITcct upon tlio rii^lils of otiior nntionH. U. 'I'lid body of wfthir now known ns tho Hclirinfi Hon wuh inrruption or intorl'cronco, oitcroiHod tho ri^htH of navigation and (lnhinx in tho watorH of IJohrin^ Hoa other than tho t«irril«rial wutors thtiroof. 11. Tlio right of all nations to navigat«; and fish in thn wators of IJohririg Hca, othor than tho territorial waters thereof, have been rcpriitodly rocof^nizod and admitted both by llusnia and by the United HlateH of Ameriea. m ;< *: 1'2. Whatever territorial rights poHsed to tho United States under and liy virtue of tho Treaty of the 30th Mareh, 1807, Ilussia bad not the right to transmit, and the United Htates did not aequire, any jurisdietion over or rights in the seal fisheries in any part of the soa now known OH Behring Hea, other than in the tcrrit'irial waters thereof. 13. Tho Treaty of Cession of tho 30th March, 1807, did not convey anything more than ordinary territorial dominion. , |.i- ' r 14. From tho acquisition of Alaska by the United States in 1807 down to the year 1880, no attempt was made by the United States to assert or exercise any right to limit or interfere with the right of Great Britain, or of any other nation, to navigate and fish in the waters of Bcbriag Sea other than tho territorial waters thereof. 10. Tlio aolo right of thu Uiiitod iStatea in rospcct of tilt) protootion of RcnU is that inoidimt to territorial imHsotwiou, including tho right to proTcnt tho siibjoctHof olhor nations from enter- ing upon land belonging to the United Stntoa, or the territorial waters thereof, so oh to prevent thoir capturing seals or any other animals or flsh either on such lauds or iu such territorial waters. 10. The United States have not, nor has any subject of tlu! United States, any pro|)erty in fur-Boals until they have been reduced into l)08S(<88ion by capture, and the property so aequirod endures ho long only as thoy aro retained in control. {(ecRpitultttion ot ArguuM n il 17. Fur-seals aro animals ftrtr naturnt, and tho Unit«d States has no right of protection or property in fur-seals when found outside tho ordinary 8-milc limit, whether such seals frequent tho islands of tho United States in Bchring Son or not. IS. The right of the subjects of all nations to navij;ate and tish in the non-terriior'al waters of the sea now known as Uohring Sea remains and exists free and unfotterocl, and cannot be limited or interfered with exc(«pt ^vitli the concurrence of any nations alTected. ly. No r(>i)fulations affecting British subjects can be established for the protection and pre- servation of the fur-seal in the non-territorial waters of Behrlng Sea without tho concurrence of Groat Britain. 101 I loiiolimiuii. ;r(!Ri,^ L N 1) X : PKINTED KOK HKR MA.lKSTrs SI A'PIONKHV OF KICK HV HAHRISdX AXI) SONS. ST. MAUTIN-S ^AlV^ rUIXTKIIS IN OHDlNAIiV TO UK« M.\Ji:arv. .And to ht^ piiri'lmsfHl, ritlier din-rtly or tlirou^h niiv Booki»ol!or, f■l^>m F.YRK AND SPO'ITISWOODK, Kast IIahdixh Stiiket.' Ki.rut Stkket.'E C.. anh ita, AnrXdDON StHKHI', \VB'*rMI\»TK!l, SAV.; oil .lOHN MKNZIKM &. Ci).. 12. Haxovhh Sviiket. ICoixiirnon ; and yd, VVkht Nii.k Stim'.kt, Oi. \sno\v ; oit llonOES, FroaiH, & Co., I.imitkh, UH, lliiAi'TdN STiirFT, DiBim. 'illltt >r»'i,i i!^' i \% I' f^H. TABLE OF CONTENTS. Pbkhminary Statkment Page PART T. Introduction Chai'TEK I, Hkah (A).— Tlic User up to tlio ^cav 1821 ot tlio Watci-s of Behring Sea and others Waters I if the North PaciBc. . .. .. .. .. .. .. .. fi Chapter II, Hkad (B). — The Ukase of 1821, nml the circumstances connected thercwitli leading up to the Treaties of 1824' and 1825 .. .. .. .. .. .. ii Chaptkr III, Heau (C). — The question whether the body of water now known uii Behriiij; Sea is included in tie phrase " Pacific Ocean," as used in the Treaty of 1826 botwi'i'ii Great Britain and Kassia .. .. .. .. .. .. .• .. .. U CnAPTKii IV, HeaiiJ(I)).— Tho User of the Watera in question from 1821 to 1867 .. o5 CuAri'ER V, Hkad (E). — What rights passed to the United States under the Treaty i if Cession of the .30th March, I8t57 ? 69 Chaptkr VI. Point 5 of Article VI. — Has the United States any Right, and if so, what Right, of Protection or Property in the Fur-seals frequenting the Islands of the United .States in Behring Sea, when such seals are found outside the ordinary .J-niile limit ? 74 CuAPIKIi VII. — CoNSIDKIIATION 01 Al.l.KciA 1 IONS nF FaCI PIT KOIIWAlill IIV ini: UxrUll SlAIKS IN lONNKCTIO.V WITH PoiNi ."l OK AUTKI.K VI .. .. ., .. .. l"ll Section 1. — The Fur-soal is a Marine Animal, and Pelagic in its Habits .. lu" Section II. — The Fur-seal is in no sense a Domestic Animal .. .. ..HI Section 111. — Intermingling of Fur-seals uf different parts of the North Pncitie 11? Section IV. — Relation of the Fur-seals to the Pribyloff Islands. Summer iiud Winter Homes .. .. .. .. .. ., .. .. ..141 ChAI'TEK Vlll. — UkcaL'ITLI.ATION OK AKlil'MENi . . .. .. .. .. .. ., I.V CO.NCLUSION .. .. ., .. .. ,. .. .. .. .. l.iS %' [•J491 ( iii ) PART II. Pago. ClUlTfl' IX. — GkXKKAI, OlNSIDKRATlONH AFJKCTINlJ IHK QUESTION OK RkOI'I.A TIOXS ,, 15ft C'llNSIDi: RATION (IF StATKMBNTS I'UI KllHWAKI) BY Tl'.E UnITKI) StaTKS llKAKIN(i ll'ON THE Question of the necessity for Reoui.athins. ChaI'iki; X. — Date and amount of tho observed Decrease in the Number of Seals . . 167 Chaitkr Xi. — Allegations made in the Case of the United States against Pelagic Sealing. anil Replies thereto . . . . . . . . . . . . . . . . . . . . 180 Chaiiku XII. — Jlansigement of the PribylofB Islands by Russia and by the United States. "221 Historical Outline of ilanagement. CiiAi'iiii XIII. — Maniigement of tho Pribyloff Islands by Russia and by the United Stall's — (continued) . . . . . . . . . . . . . . . . . . . . 237 Excossivn killing of Male Seals. Chaiter XIV. — Mauagumont of tho Pribyloff Islands by Russia and by the United States — (continued) . . . . . . . . . . . . . . . . . . . , 200 Tlio " IJriviug" of Seals and its effects. CuAViKU XV. — '^laimgoraent of the Pribyloff Islands by Russia and by the United Stutos— (coa/i'uMi'c/) .. .. .. .. .. .. .. .. .. .. 271 .Vbsence of Proper Control by Govornminit Agents. (.'UAl'iii! XVI. — Mauagoinent of t'le Pribyh)ff Islands by Russia and by tho United States — (continued) ,, . . . . . . . . . . . . . . . . . , 288 Inaclo()uacy of Protection : Raids. CilAiiEi; XVII. — Management of the Pribyloff Islands by Russia and by tho United States — (continued) . . . . . . . . . . . . . . . . . . . . 298 Condition of tho Xativcs. iJiAiTiK XVIII. — Tin: Skai.-skin Indistut .. .. .. .. .. .. .. :!04 OOXi l.lslON ., .. .. .. .. .. .. ,. .. .. 314 iiiAriKuXlX. — Damaoes .. .. .. .. .. .. .. .. .. 31."> »••: I ) ': m mm ■<''i^'|'.-tVf-'\''^".".i^' CouHter^Case presented on befuilf of Her Britannic Majesty's Government to the Tribunal of Arbitration. PEELIMINARY STATEMENT. A FBELIMINABY statement as to the general scheme and construction of the following Counter- Case may be of assistance in its perusal. For convenience of reference, and in the interests of brevity, it has been found desirable in framing the Counter-Case to follow the arrangement which was adopted in the British Case; as, on perusal of the United States' Case, it was observed that the arrangement of the argument contained in the First Fart of that Case, namely, that relating to historical and jurisdictional questions, cor- responded in a general way with the sub-division of chapters adopted in the British Case. In the following Counter-Case, therefore, there has bee" placed at the head of each chapter the heading which will be found for the corresponding chapter in the British Case. But inasmuch as the pro- pcditious relating to each point appear in the United States' Case not unfrequently in more than one passage, there have been added to each head- ing citations from the United States' Case of the propositions put forward in argument on behalf of the United States bearing upon the subject, with a reference to the page of the United States' Case froui which such citations are taken. In addition there has been placed immediately following, at the bead of each chapter, a brief summary of the arguments in reply which are advanced on behalf of the Government of Her Britannic Majesty, Kepetition of the points made in the British Case has, as far as possible, been avoided ; though the reply, to the United States' Case involves, of neces- sity, in some cases, reference to arguments which had already been urged on behalf of Great Britain. [249] * B \ i""; KStiWftTCTW i if i PW i ippilp ■^i^iSIBIiiBiSSP? ^ 'I ni'i 2 Marginal refefences to the Corl'eiSponcllng \)&ii' oages ill tlie British Case are given. The first four points submitted in Article VI of the Treaty of the 29th February, 1892, are iirst dealt with under the various heads above referred to'in Chapters I to V. The fifth question of Article "VI, viz. :— " Ha« the United States any right, and, if so, what right, of protection or property in the fur-seals frequent- ing the islands of the United States in Behriug Sea when such seals are found outside the ordinary H-mile limit P " has been so treated in the United States' Case, but in preparing this Counter-Case a somewhat different course to that pursued in rela- tion to the first f'^ur questions has been rendered necessary. It will be observed that on page 85 of the United States' Case, it is asserted that, quite independently of the jui isdiction over Behring Sea, which was established or exercised by Biusia prior and up to the time of the cession of Alaska, the/ Government of the United States has a " right of protection and property in tlie fur-seals frequent- ing the Pribyloff Islands when found outside the ordinary 3-mile limit'; and it bases this right) " npon the established principles of the common and the civil law, upon the practice of nations, upon the laws of natural history, and upon the common interests of mankind." No arguments are adduced in the United States'; Case based upon the first of these suggested' grounds, viz., the principles of the common and the civil law. But in this Counter-Case, it is pro- posed in the first instance to deal with the unpre» cedented nature of the claim, having regard to those principles, and also to reply to the arguments which are adduced, founded npon an alleged practice of nations. This branch of the Case is treated in Chapter VI. The laws of natural history and the common interests of mankind have, it is submitted, no bear- ing upon, or relevance in connection with, the question as to the right of protection or property claimed by the United States, to the exclusion of other nations. But as the Government of Her Britannic Majesty cotitend that the facts alleged a* to the natural history of seals, and as bearing upon the common interests of mankind, are wholly, or, to a great extent, inaccurate, these subjects are dealt with in the various sections of Chapter VII, Si'o Appendix, vol. i, pp. 1 cl seq, >« It has not be found necessary to make any addi- tional observations in reference to Cliapters YI and Vn of the British Case : viz., the action of the United States and Bussia from 1867 to 1886, and the various contentions of the United States since the year 188G. The above subjects 'Hre treated of in Part I of this Counter-Case. The subject of the Regulations (if any) which are necessary, ,and the waters over which the Regulations should extend, referred to in Article vn df the Treaty, is considered in Part It. For reasons morb explicitly stated in correspondence which will be found in the Appendix, the conaidera- tion'of this point has been treated in this Counter- Case, but only in deference to the wish expressed by the United States that arguments upon att the questions with which the Arbitrktors may hftv« to deal should be placed before the Trlbuiittl bymeanH of the Case and Counter-Case. The Gbvernment of Her Britannic Majesty have adduced these argu- ments lUider protest, and withtfut prejudice to their contention that the Aifbitrators cannot" entfer lipori or consider the question of the proposed International Regulations until they have adjttdi* cated upon the five questions enumerated in Article VI. upon which they are by the terms of the Treaty required to give h distinct decislbn ; and upon the determination of which alone tlepeixds the question whether they shall enter upOn the subject of Regulations. Her Majesty's Governmi>nt reserve also their right to adduce further evidencfe on this subject, should the nature of the arguments contained in the Counter-Case on behalf of the United States render such a coiirse hecessaty riV expedient. -"" [249J •I. Oh 'to'JwiijsW. 'i«'fr •^•'•'V .■■ B 2 I ill. l>l!l| mm mm mmmm nTTTP- PART I. INTRODUCTION. BEFOBE proceeding to discuss in detail the dis- puted points raised by the United States' Case, it is deemed necessary to refer to the translations of the various Bussiaa documents used and cited in the Case presented on the part of the United States. These consist for the most part of documents be- longing to the Official Becords or Archives of the Bussian-American Company, which were handed over to the United States by Bussia under the Treaty of 1867, by virtue of the End Article of that Treaty. The original documents are deposited in the Archives of the Department of State at Washington, and have not heretofore been made pablic. The translations are set out at pp. 49 to 90, vol. i, of ilie United States' Appendix, and are quoted at pp. 41, 42, 43, 44, 45, 46, 47, 48, 49, 54, 55, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 103, aud 104 of the Case. Fac-similes of the originals are given at the end of vol. i uf the Appendix to the United States' Case. Upon the first perusal of the extracts included in the United States Case, certain passages were observed which at once gave rise to the impression that the papers must have been faultil, ranslated. The fac-similes supplied iu the Appendix were consequently examined by a competent Bussian scholar in the confidential employment of Her Majesty's Government, and a large number of errors and interpolations were discovered of a most important kind. Some few of these were apparently purposeless, but the great majority were of such a nature that they could only be accounted for on the supposition that some person had deliberately falsified '.he translations in a sense favourable to the conttr.tlons of the United States. The matter seemed of so much importance that steps were taken to obtain an independent translation by another hand, which was completed I! l. LJMWJMW W mmmm mmmm ■m 5 5n October, and entirely confirmed the previors impression. The United States' Government independently came to the knowledge of the fact at the beginning of November, and their Agent has given the ex- planation of it in a communication addressed to the Arbitrators and to the British Agent on the ISth of that month. The United States' Agent at the same time gave notice of the withdrawal of a certain number of the documents, and furnished revised translations of the others. Her Majesty's Government have pleasure in acknowledging that these revised- translations, with the exception of one or two small errors of no moment, are perfectly accurate. But there are statements and arguments in the Case founded on the original translations, or depending mainly on them for support, which still remain to be answered, and it will therefore be necessary in the proper place to draw attention to the translations and original documents. It is not possible, by a mere comparison of the correct and the erroneous translations, to form an accurate opinion of the effect of the insertion of the fictitious and interpolated passages upon the argument contained in the Case for the United States.*, Attention will therefore be called, in connection with each branch of the subject, to the manner in which it depends upon such interpola- tions and errors. When the spurious passages are expunged, and the erroneous translations corrected, it will be found that no evidence remains to sup- port the contentions of the United States (a) that the Bussian Government and the Bussian-American Company claimed and exercised exclusive jurisdic- tion as to trading and hunting in the Behring Sea, and (b) that the Ukase of 1821 was merely decla- ratory of pre-existing claims which had been enforced therein for many years. The alleged pre-existing claims and their enforcement for many years, so far as they implied any extraordinary maritime jurisdiction, are merely the creations of the translator. B * For oonvenienoe of reference, the original translations famished by the TTnited States have been printed in parallel colamns with the revised translations, and are given in the Appendix to th'a Connter-Case. (Appondix, vol, i, pp. 11.5S). ^^^mmmmmf^ WHP" IIVI.I |l|ll^i III CirAPTER I. Head {\).~The Um- up to thi- ymv 1821 of the Wittem of Jlehrinij Sen ami othei' Wntrra (^-ihi: Ifnrth IWffie. Thk United Statks' Combntioss. H.S .*' (1. )' United' States' Casp, p. 2")— ", My fimt iliworqpy, occupation, and permnitont culonin- tiou, theshoroaand islaniU of Boring Son, (ho Aleutian chain, and the Peninsula of AhiHka bj-camo, ))robnbly as carljr aa 1800, an nndispnted part of tho territory uf tiio Kassian Empire." (2.) United States' Case, p. 26- " While tlio tItU' of Russia to tho territory north and west nf, and inolndingf, thu Peninsnia of Alaska, whh nni* viTgnlly recojjniiscd, her claim to the North-west Ooiist of the American Continent .... was earnestly di«« put«d by more than one poworfal nation." (3.) Unite claims on tho part of Rnssia, Great llritain, iSimini and the United States," (4.) Unit«'d States' Case, p. 42— ''After tho Ukase or Charter of 1790, granting to the HuNsian American Company o — •■ 'I'lie Ukase of 179!>, which set forth a claim of exclnsive Kussian ijnrisdiction as far south as latitude M", called forth no protest froui any foreign Powers, nor was (ibjection offei'etl to the exclusion of fowigii ships froiii trade witli the natives and bunting fnr-bcariiif animals in the waters of Dering Sen and on the Aleutian Islands lis a result of that Ukase and of the grant of oxclnsive privileges to the Rnisian-AmericftD Company," (rt.) United States' Case, p. 69. ,; " Prior and up to the date of tho treaties of 1824 and 1825, Russia did assert and exorcise exclusive rights of comniei-ce, hunting, and fishing on the shores and in all the waters of Bering Sen." Sl'.M.M.MIV OF lllllilSlI RkIM.V. Tho title said in Contention (2.) to have boon " universally recognized," is not shown to have been recognised at nil during tho |)erio«iii'>* title "t lutitudc W, ar ut' ai'iigultloli of llfl- Seojios/, p. 11. Unittid States' Cuau, p. 24. r xlii'ougbuut tliu uvidvUco wli, ill idIhIc'n (u iIiIh pcvioil, tiO dlattnctiunt m num^ ,tli« title of Hwmm or ita , , nt'dHftiilion by'Utlivr nhtioiiH, \a livawii ln'twui'tt uoiulii tioith ilntt Noitth of latitude 60". Tliu UkaMi of I7l)|) iiiirpoi'lt'd lu Kl'iitil tlm UilHHiaii-Aiiii'i'iriiii ('iinilHiny ri}(litH cxoliiNivv of otliur KoMiiitH unliJm'tH, liul iiul of fori'iglHire : Nuch cxcliiHivr i'i;;li(H MiiiMiiily cxurcisnlilu on luiid ; no I'XcluHion nf li>ifiKii vcnkuIm from Ifehring M«», orfitim far-knating tbt'ro, ihiImwu ; iukI the only uvidenco nddacud uf thu aiuMtiou of thv lluHHian (iovoriiiiieut to any hucIi uiiimr, eoiiHixlN in lliuinterpolutiouK, Hinoe witluli-awn, of a trnnsliitoi- in W)ut*inpurwy doininuintH. 'I'tw Ukase of 1799 wm wot notiUetl to foi'eifrn Puweiii, and had no operation ui againai foreif^nurN, The onljr oHtMntioii by Rnaaia nt exelutive riffhtit in ll«kri>k|{ Sea woH in 18:21, und that on paper nioroly. THE iirst thi'co cuiileuUuua, of which, uiive lor tUti UMUtktti of latitude tiO" in the tliird, the Hevimd and third are ibr the preueitt purpose Mub- stantially identicu), may be dealt with together ; twemising that, prior to the year 1821, no dis- tinction, as regards the title of Russia, had been drawn between coasts north and south of that latitude ; nor will any lunt of such distinction be found throughout the evidence which relates to the period now in question. There is, prior to 1824, no evidence if recogni- tion by any nation of the claim of llussia to the eastern shores of Beliring Sea, Tlu.'ir outlineH were unknown to geographers before the explora- tions of (Jook in 1778 and 177U, and there is practically no evidence of any assertion of " right of dominion " over them by Russia piior to the Ukase of 1799, which apparently bases this right on "discovery by Russian navigators in roinote tiioes." The translation of that Ukase in thu BritiHli and United Stales' Cases, which was taken from Bancroft's " History of Alaska," allegeH " right of possession " by Russia ; but tliese words are war*ting in the ovigiual, of which a correct translation is given in the present Counter- Casd. The authority of Captain C^ook is invoked a* proving the existence of •* Rassian inftnenoe and customs " upon the eastern shores of Behring Sea. Even if he had found instances of Russian " inflfu- once and customs," this would not prove Russian occupation or possession of this very extensive line of coast. But his narrative, on the contrary, shows that along the whole coast-line he met \nih « 1 :!'-': i i » I r . m :! .1 ■«MMk> '^mmmmmnfim^mmrmi'mtf d hu ituMiaiiS or utiier uiviliztHl peuple, but oaly with tribes uf the uative inbabiUintf. Captain Cook further states that the Uussians ho met at i^'»'^> Vo;r Unalaska were — vol. ii, p. " Htmugura tj ovory imrt uf th« Amurioau uottat, exoupt what licH oyipoMito thif* iHlntul." At Samgaaoodha, on the Island of Unalaska, Ibid., p. 4U9. Captain Cook met a BuMian named £r«ftlti Gregorioff Sin Ismyloff, whom he describes as the principal periwn amongst his countrymen in thbi and the neighbouring islands ; and with reference to the continent north of Unalaska, Captain Cook says :— "Buth Isinyltiff iind the otlioi-s aittrmod juittt thuy knew nothing of the continent uf America iib rati north- ward ; iind thnt neither Liontonant Synd, Hot (thj uthor Kiuwian, hud ever seen it of late TtatH what wu could gather from Iiimyloff and hiM ccMtttitjrmuu, the BuwiiaDH have made Hcveral attempts U) get a footing upon tliut pait uf thiH coi)tineut that iiel uontiguotu to Ounaiaalika and the adjoining inlands, bm have always been repulHed by tlie uutivcs ; whom they describe as a very treaehuruua people." i: Captain Cook further observes :■— Ibid., p. 498 " I found tliat ho [Ismyloft'] was very well auquainted with the geography of tboBe parts, and with nil tne dis- eovcries that had been made in them by the Russians." Ismyloff furnished Captain Cook with Charts, mi., p. 50*/ as to one of which he writes : — "Thesecondehart. . . . comprehended all the discoveries made by the Russians to the eastward uf Karatschatka, tnward America ; which, if we exclude the voyage of Beering and Taoherikoflf, will amount to little or nothing." The writer says, in conclusion ; Ibid., p. 500. " They assured me, over and over again, that they knew of no other islands, besides those wliich were laid down upon this chart ; and that no Russian had ever seen any part of the continent of America to the northward, except that which lies opposite the country of the Tschutskis." [The country of the Tschutskis here mentioned is the western side of Behring Straits.] Captain Cook's view of the extent of the Bussian sovereignty on the American coast is Cook't VojriiKC, Tul. i, p. xixiv. ll)i T^' 1 £• " Uiplomacy of tlio whicli Will be toiiiul in " Lymau s ijiplomacy ol jjnitcd Status," thft United States," it is explicitly stated : - T"'L'^'t ■• """k^t ' ' 1 J 1(^28, vol. r, p. 2i'7. " ^^'■c 'lavowiiil liotliiiif;' of tlic coast to the nortiiwiinl of iJi-jsto'i l?iiy, bcoaif**.' it luus never btuii pruteJulixl tluit till KuHfliaus hiitl luiy scttl'muuts ou that side" UlK)u the officiHl Rusriau Maj, publishetl in Hiiti»li Cast, 1802, whi.;h will be found in Appendix IV to the Ap,.endix vol. ii, ' ' _ I'lirt I, p. i. British Case, there is a mamiHcrint note in the fol- lowing words : — 1 y "Lii Coiiipiif^'.'i" no ^/osst'do poinl d'L'tahlissomuuK dans C't !i!i iiord >le la Prcsqii'ile Alankii, c uoiquu sos viiisscaux visiijiit 0G8 ivgioiifs." A't> Russiiui settli'iiniil north of the Alaskan III W (m ilifj I'lllillMlW, It is al«o to be noted that, when the ciuestiojis Ui^visod i.-!.ualati(in. 1 ,,,,,. ( . r, ,, Apptnidix vol. i, ra.jiecl by tlu' lui.ssiau-Amencan (ompaiiy on the ., J.^ Ttcaty of 1824 with tho UiiiU'd State.s were referred to a Committee of liussian IJiguitarits, '.'lis Comn.itU^c on the i'l.st July, 1824. limilttl their ass^ntion to the statement : — ri "Tim-. . . , Ku.-isia liiLSL'SbibllnlRMlpenuiiueiit Hcttk'- iHcnfH, not only on lliu c-oast of fSihei'ia, but alMo on tin.- Aleutian group of islaude." Had tliei-e oxlsti d any seftlenients on the eastern coast of IW i:; to 18'J4 practicsUy no title bv ()ccup;iniy had been established at all, and any title by liscovcy was open to doubt and dispute. Had any otlier I'owcr taken possesnion of any part of the coast which llussin. did not actuallj- occupy, ]{.tssia could not have successfully asserted any claim thereto; and if other nations had pushed their trade notlh of. as they did up to, tlu! Ala-skan I'ciiinsula, there was no j/rounu on M'Jiicli JJussia could have succe^.-nfuUy main- tained a-.y protect The territorial right by itself was not thought worth disputing ; and ^-^-^ 11 for practical purposes the roast, as far soulh as Nortl. Ainciioau i3pii,,i,,„ ^ay, was then consiclercd as wortliless as Uritish Cbhp, a rtoatiii*^ ioebem. It is submitted, therefore, tliat there is no founda- tioiv for the assertion that — Appendix, vol. i, p. .'{;3. I'nited States' Cnsp. p. 25. tbsoof 17!'!\ coiTcotly translated, ■' l)y first discovoi'v, 0'''V(yi((i tlie nhores und is^mKU of Heriiuj Sfo, tlii' Al(>nti!iii chiiiii, and tlie poninsnla of AlaKkii hccanio, jn-obably as early as 1X00, an undisputod jiart oFtlio territory of tliu Rns- i^an Empire,"' While no other nation drew any distinction be- tween the title of llussia upon the Anierioan coast to the north and to the south of latitude (10'', Eu.'^sia herself Made no such distinelion, but dealt alike with tiie >v 'ii4e north-west coast from the hM\ degree to Behring Strait, up to the year 1821. The Ukase of 1799 asserts this plainly. Tlie following is a correct translation of the original EuBsiau document, aa given by Golovuin and TikhmuniefT: — , " We, Paul I, hy tlio Grncct of Ood, Emperor nnd wVutocrut of All tlio UuBsiai) : [Hero followM the full title of His Imperial M(ijeBty.| '• To tlie ftuwtinn-AmericHH Company under our high protection : ■*! • ! •>■: ■ •■ The jjfoflt nnd advantsffON flocniinp to our Empirt from the industries and trade ean-ied on by our faithful Hubjects in the north-eastern Rea nnd in tlmt part of Ameriea have attracted our attention and eoneiderat ion ; wheroforo, taking under our immediate j)rotp»'tion the (JoHipnuy which exists for the purpoHo of cjvn-ying on thoBo iiuluatiies nnd that trade, we order it to he called tho RuBBinu- American Company under our high protec- tion, and wo conunnnd our military authorities to make Use of our luud and sea forct^s, at its recjucst, in the way bent fitted to support the cntO''priR(w of the Company j and having drawn up for the Conipnny sueh Hulesas are bi'Ht titte(l to assift and encourage it, we are pleased to grant to it, by this our Imjierinl Charter, tho following privileges for twenty years from this date :— '•]. J u view of tho discoven' by Itnssian iinvigntoi-R in renioto times of tho const of North-Knstiini America** ) 1-1" <■! f I'.'il;) -ii \ ■•.■<■ 'J !"• % ■•!^ r m It! I ? ). \-\ U' a, -: I I i m * The above error, in the UknKc of 17i»ii, npi)f(uii to linvo origiuuted in the Agreement cf 1778 between ShelikolT and (ialikoff. OoloTiiin points out ii« wonrroiice in that Agrw;- ineut, writing: — " ' For north-eaHtcrn nnd uovtViein Amei'ioii.' This mistake arose from the Btupidity and ijjiioi'ance of ({c(i- grapliy of Bome Ivkntsk writer or other, who drafted the Agreement ; he ought to have wiid : ' to the north-we.stern shorOT of America.' "' ("ilntcrnlui," Port I, p. r>.'>.) [2491 C '2 ll I' i from 55'^ north liititudt', aud of the chiwuf< of iMhiiKlN «»-■ tending from Kaiiitohatka in a uorthcrly direction U\> America and in a sonthorly dii-ection to Japan, and on the Htvongth of the i'ijj;ht of dominion over them whieli beU>ngH to KtiRHia, we f;TaeionHly [>evmit tlie Company to enjoy the poJiH «(iiy to the north of 5&° north lattitudi^ Unt also aouth of it, and may incovpovati' the territoriiv .t ditt'-nverH into the Bussian dominionK under the i iiirtirv'^nK laid down in the existini^ I{n'Ux, if those tcrrifiiri«v J*«ve not been occupied by other jiatioiin. and huvr w become snb- jjeet to them. •''3. The (Jiwsqjany «hall enjoy in the w^twitory men- tioned evovytliing whidi it lias discovered or may din- rover on the Nurface of the earth or below it. aud nn one sliall be entitled to diNj)nte its right to tliif. '•4. We gracionHly permit this Company in future to cstal)liHh snch Settlements as may be required, and to erect such fortitieations as it may consider necessary for its seeurity. and to hi ml to those rcgiimK '.vithout ;tii hin- drance ships conveying nierehandi/,e aud its employes. '• 5. The Company may !nake voyag'js to all nei^li- bouringconntries. and nniy carry on trade with all neiglt- lK)nring nations with the eany frcun its enterprises. •'('). The Company mn> employ for navigation, and fur its indtistrics and establishments. {H'rsons of all elasses who arc free and of good reputation, and who deaire to make a lawful use of snch liberty; in view of the great distance of the ])laces to which the,- will go, oiu' autho- rities shall grant to State colonists and other free jxir- sous passjiorti* available for seven years ; no serts shall be engaged by the Company without the eonsent of their musters, aud the Company shall pay to the Govern- ment the proper dues for all persoiiB whom it may take into its service. " 7. Althoiigh our Imperial Decrees forbid the cutting of wood anywhere without the sanction of the (College of Aduiirulty ; nevcrthcloss, in consideration cjf the (hs- taiice which sepan-.tes that body from the Okhotsk territory, permission is gi-anted to the Company ii> cut wood, without making any payment, whenever llwy re- quire it for n^pairing their ships or fi iiuntiiiK', HM<1 allcf^eN llUlWCfWOII, 8«r ante, p. 7. w not fluffioieut to meet Iuh liabilities, his capital shall he HetjucHtrated ; liut, as, according to the constitution of tho (Company, the cu{)ital cannot bo withdrawn, tho parties to wiiorn it is assigned cannot realize it, but can only take the i)laeo of the debtor and obtain their proper share of the profits when a divisioix takes phuie. At the ex])irati(in of the term of the pnvilcges of tln^ (/'ompany, tlieir siiare of the capital will be paid over to them. " 10. In granting to the Company for a period of twenty yc^i s, thronghout the entire extent of the lands and islands described above, t/n: e.fclimir rlijlU tu all ("'- qiiiiii/iiiii'i, iiiiliiiilru-i, triiite, cstiih/i.flin.riit'', inuldifcntrrics uf new eovnlfirx, we declare that those advantages and privileges shall not be enjoyed by any persons who may wish to make voyag(>s to those region;, on tueir own accoTuit, (u- by any of those who, having hitherto been engaged in this trade, and having their ships and jner- chandizo in those regions, some i.'ven holding shares in the Company, refnse to join the latter. It is, however, open to these latter persons, if they will not join tho Company in the maniu'r prescribed by the l{egnlati(nis, to continne to exercise these indnstries and to enjoy the advantages connected therewith under the same condi- tions as heretofore, htil only vntil llir nrrirnl of their tln/i-i ill JiiiKniti, after which date no one shall have these privi- leges but tho Company alone, under the penalty of losing everything that is established for its benefit. "P. All Courts shall recognize tho Hoard of Directors of the Russian-American Company under our protection as estiiblished for the management of the affairs of the Company, and all notices issued by Com-ts in matters which concern the Company shall be served on that lioard, and not on one of the shareholders. '■ In concluding this our Imperial ( Charter, we order all our milit^iry and civil authorities and Courts not only not to prevent the Russian-American Company under onr protection from enjoying all the privileges granted by •us, but also, if necessary, to protect it from any losses or harm which may threaten it, and to aiti ami protect the Hoard of Management in i'\-ery way." It is to be observed that in tlie Ukase there is no reference to hunting grounds or hunting, the pas- sages in Articles 1 and 10, in which those words appear in tlie translation taken from Bancroft, referring, in fact, to industries, trade, and estab- li»hn\cnts. Articles 1 and 2, as given in Bancroft, difl'er materially fiom the same Articles as given above. They allege " possession " by Kussia, instead of mere " right of dominion," founded apparently on " discovery ;" they omit to speak of the coast " beyond " Behiing St^-ait ; and they only faintly indicate that which is ndw clearly es- tablished, that the Russian Government had in view the fact that territory on the coast to the north as well as to the south of latitude 6.')*^ was still unin- corporated in liuBsian dominions, and might even ! • r i -H Ui Ik l>i' ill 14 have " become subject " to other Powers. Article 10, as now translated, allows traders to exercise tlioir industries as before, " but only until the arrival of their ships in Kussia ; " which words, omitted in Bancroft, show that liussian competi- tion only was in view. It will be noted that this Ukase dealt impartially with the Eussian Settlements on the whole of the roast described, without distinction as to latitude ; iind in the absence of any distinction between the northern and the southern portions of the coast affected by that document, the facts stated in Chapter I of the Britisii Case have equal weight in the consideration of the existence and extent of Russian jurisdiction over any and every part of the coast so claimed, and are sufficient to demon- strate that foreigners were allowed to trade there freely Avithout molestation or interference. In the discussion on the Ukase of 1821, which took place between Count Nesselrode, Count Lieveu, and the Duke of Wellington while they were' attending the Congress of Verona, Count Nesselrode gave to the Duke of Wellington a Memorandum, under date the 11th (2;^rd) Novem- ber, 1822, in which, as already stated at p. 4:^ of the British Case, the following passage occurs : — "Les mesures do precaution et do survoillanoi! qui Uritish Case, seroiit prisfs aloes sur la partio Rnmo dp la ,C,to ^ppondix, vol. u, iVAini-rique »(> trouveront enticremeut coufonucH ihi:^ droits di''riv(iiit de sii Houverflitietc, aiimi qu'aux usagos ('•tabliH entry nations," To this Memorandum the Duke, in a note to Count Lieven, dated the 28th November, 1822, promptly objected : — ; ' ;......, j, .„.,< ,,. i ,- "M. loConito. " Hnving coiiwdcncd the paper whvh ycnir ExrolKmcy UrifKli Cane, i^iivo nv liiHt nip-lit im the part of his Exoclleiirv Count Appemlix, vol. n, 'I art 1 p. *•«*, NcHHi'lrodo on the suliject of our diHcuHHions ou the Ru»- Hian I'kiiBe, 1 must iiiforiii you that I cannot coiment, on fho port of my ({ovcrumout, to found on that papur tlm ncgotifitioiiH for tliu Ncttli'un-'nt of the question wLicli liiiH ariHt'ii bi'twi'cn tiie two drovcnnut'ntR ou tliis nub- jcct. "Wv olijoct to thi' I'kuBc (111 tile }j;i(HiiidM : — "1. That Flis Imperial ^lajcsty ' Hsmnos thereby nn (>xclnwvo sovereifijnty in North Aineriea of whieh we are not prepared to nokuowledge ttie exiHtoiico or tho extent. Upon this point, howevor. the Meniorandnni of Count NewSt'lrodi' dooH iiflV>rd tho nieauHof niroadly We contend that no Power whatever can exehuleanotlierfroni the use of the open seu. A Power can exchide itflolffrom the navigation of a certain coast, .sea, &e., by its own act or engagement, Ijiit it cannot l>y riglit be excluded by anotlier. This we consith'r astiie law ofiuitiouH, and wc cannot negotiate upon a paper in which a right in asserted incousietent with Uu's principle. " I think, tiierefore, that the l)est mode of proeeediu'^ would Ixi that you sliouhl state your readinesti tt> nego- tiate upon .he whole subject, without restating the objec- tionable principle of the Ukase, which wo cai not udnut " Ever yours, Ac, (Signed) "WKLldNCiTON." Filially, on the 29l1i November, 1822, the Duke reports to Mr. G. Canning, British Secretary of State for Foreign Adairs, that the Memorandum of the ilth (2Hr(l November) i.s withdrawn, and that the Emperor of Eussia is ready to negotiate npon — "the whole question of the Emperor's claims in North America, reserving them all if tlie result of the negotia- tion should not be satisfactory to both parties." That the Government of the Uuiteil States did not recognize as " midisputed " the claim of llus.Sua to the coasts of Behriug Sea, is also clear from the sturenu^nt made by Mr. Adams, the United States* Secretary of State, ou the 17th July, 182.'}, tu Baron Tuyll, the Russian Minister at Washington, that — •• we vhotild contest the right of Russia to kmi* territorial cMtabliHhment on this continent." Mr. Adams reiterates (his contention in a des- patch to Mr. Middle on, the United iStates' I^liuister at St. Petersburgh, dated the 22ud July, 1823, in which, referring to tlie Ukase of I7'jy, he declares that — •' IJiiNsia hail. i (-? ■u , i if-\ !■: i i \M '; ! u eonliueid, claimable Iti/ Jiiixnia, is n'tliWfil to th" probubtliti), that in 1741, Cuii. um early uk 1582, had diHcovorcd an far north nn 57' 30'. • • » • "It never luiHheenadmittfd by tho vnrioiiH European nations which have iornied Hcttlcmi'iits in this henii- Hpliore that the ot'eiipation of an iHlaiid gave any cluini whatever to territorial posMosNioii on tiie continent to whieh it was ad)oiuin<:;. The recognised principle liaH ratlier been the reverse," itc. But whatever may have been the claims of Kussia, whether admitteil or not, in respect of the uorth-west coast of America and the islands adjacent tliereto, no claim had ever been made prior to tlie year 1821 to exclude vessels of otlier nations from navigating the waters of Behring Sea, or to exercise juris- diction over the waters of tliat sea as mare cluiisuiii, or an inland sea. On the contrary, the ground or justilication for the attempted interference by Russia in tlie year 1821 wjis the competition with tlie llnssian-Americau Company by the vessels and traders v.-.' other nations. This is sufficiently shown by the authorities quoted in Chapter I, Head (A), of the Appendix, vol. i, iJi-itisli Case, and bv the letters Xos. 1, 2, 3, 4, rP-.J^7'L\' , . ' United States and 5 in the correspondence of the Eussian- Case, Appendix, American Company, which contain numerous ^° ' '' ''''' references ii. the nature of complaints as lo the presence of foreign competitors in trade. H<;r right of dii-euveiv lii luiitiW, No claim prior to IWl, tmjti, vessels of oilier iw'tions fj Bubring Sea. The fifth contention at the head of this Contention that fkiiMuf KmI Chapter, which maybe conveniently taken before serted exclusive rights, and f , , , . . , ^1 . \, TTi p actpiesced ill !)y fi)r,imPowJ the lourth, is in sulistance that the Ukase of ._ 177'J called forth no protest or objection from Ukase inform dom.stii' aiidii foreign Powers, To this it may be answervii, in notified to feivign Stat» the words of Mr. Middleton, that— ^: Adl™^" '" .. ii • 1 1 • 1 • • •! • . 1 , Ameriean Statu tins ukase, wlneli is, in its /crm,* and act purely Papers, Foreign domestic, was never notilied to iwiy foreign State with Itt'lations, vol. v, injimetion to rtwpeet its provisions." ''' In point of fact, Her Majesty's Goveinmeat have been unable to discover that the Ukase of i 1709 was communicated to any foreign Govern- ment in any form whatsoever. Moreover, as appears from the provisiotis of .j„,^_ ^ ji_i3^ the Ukase itself, it dealt only, as was pointed Uritish Case, out by Mr. Middleton and Mr. Adams, with the '"'' "'^~'^*' rights of the Uussian-American Company, to * Tho italics are in the original. \o Chiirtc'i' iif Kaisiun-Ainericau ' Conipauy, c-xfept that of ISil, purports to iiftect ton-igiioi's. United States' British Case, pp. 23, a. 17 the excluoioii of other Kussian subjects ; a fact wliich the correct translation of the Ukase brings out more clearly. United States^ In support of the view tliat the Charters to vol, i, 1^24, and *'^^ liussian- American Company were not and did 28- not purport to be international documents, but purely domestic acts, not intended to affect foreign nations, reference may be made to the terms of the documents themselves and to those the Ukases commented upon hereafter nt p. 61 et seq. In each case, with the single exception of the Charter based directly upon tlie Ukase of 1821, their terms are strictly limited to the Case, vol. i, p. 24. exclusion of liussian subjects only. Tlie object of the Charters was not in any way to control foreigners ; but, in the first instance, to consolidate the immerous rival Russian Com- panies which were competing with each other, and by their competition giving rise to gross abuses ; and subsequently to protect the Consoli- dated Company. It is again to be noted, that the exclusive rights specially granted to the Russian-American Company by the Ukase of 1799 were rights to be exercised on land already acquired or thereafter to be discovered within the prescribed area, and not over non-territorial waters of Behring Sea or any other non-territorial waters. Ibid., p. 28. Contention that, under Ukase of I'D'.t, t'oivigu v<»esels were not allowed to visit IJehring Sen. British Case, p. 32. (lolovnin, " Materalui," Part 1, Table of Contents. I No instance of exclusion. It is now necessary to deal with the conten tions — (4.) That, under the Ukase of 1799, the Russian- American Company, acting under the sanction of the Russian Government, did not permit foreign vessels to visit Behring Sea ; and (6.) That, up to the date of the Treaties of 1824 and 1825, Russia did assert and exercise exclusive rights of commerce, hunting, and fishing in all the waters of Behring Sea. Neither of these allegations is supported by the facts. The domestic character of the Ukase itself has been already shown ; and the report of Golovnin, written in 1818, as to the "Company's colonies," speaks of the importance of presenting a better appearance to " foreigners visiting these parts." No instance is to be found of Russia preventing foreign vessels from visiting Behring Sea ; and it must be remembered that the Ukase of 1799 applied equally to the whole coast of America from Behring Straits to latitude 55". [249] 'I ! '.' ] i 1 t'^imi I fir • r, lit U 1 I 1 ;i|: % J t 18 'il:erf' were nt all times foreiyn vessels Iriuliiig to places north of latitude 55", where the Ukase was intended to have the same operation as in Beliring Sea itself, On the other hand, the solitary instance in ., which it is alleged on the part of the United States that Russia actually asserted exclusive rights over l^ehring Sea prior to 1821, is the case United States' of the Eiccord-Pigott contract in 1819. Three C"^"' P' *"'• letters (dated lOth April, 1820, 23rd April, 1820, Appendix, vol. i, and JUst March, 1821) are relied upon as— fP- ^•'' ^^' """^ ^^' illiistnitiii;;' tlu^ (■oiiiplcti' control wliii h Hiit<«iii cliiiiiKMl United Stntes' anil actually o.Ncicisud over HeluiiiK Sen i)rior to 1M21."' "'* ' P' I'Voui the facts alluded to in these letters, it Letter, April 23, 1820 appears that lUccord, the Superintendent of Kamtchatka, had made an agreement with Pigott, Revised translation. -I? r 1 i- 4. i- lotii • Ai)peiidix, vol, i, an J'.ngii.^hman, lor ten years, irom 1811) — 'jy with vcfcri'iice to fisliinp; fovwlmlcs and extracting,' oil from tlicKu and otlicr murine animnlK mi flu- sliorcs ol' Kamtclmtkii iinil on tliosc of all EaKtern Silieriii. in tlic linrlionrs and havN iind iimonjist tlio isliUulH." ' TIlis contract was undoubtedly disapproved by the Hussian Government, which, having granted to a Russian Company a monopoly of trade in these regions, to the exclusion of all other Pussiaii subjects, was naturally unwilling to allow any part of this monopolj- to be enjoyed by foreigners. Letter, April 10. The Kussian-American Company was therefore ' '" ^ instructed to turn its attention to the whale Rpviscd translation, fishery, and to employ a sliij) in fishing, the ream Appendix, vol. i, given being, as a])pears from the following quota- tion, that — "the whide-fisliin^' industry may Ik- of use uk a meiMiM ofiissisting tile inliiiliitMnIs of Kimilcliatliii and Okliotsk wlien tlu' other tislicrie.s fail.'" The Ooverninent further ordered thai no Ibid., ]mra,£ci-npli 'J, foreigner should be allowed to enter a meichant guild, or to settle at Kamtchatka or Okliotsk, and Uevised translation, that no foreign merchant-vessel should be per- ''|'|. "'■^' ' ' niitted— " to trad<' at tliosi pliioew under any circuniNtaneeH, or to enter the ports of Eastern Siberia oxce])t in case (jf distrcKK I''urtherni()re. the Knj;lislinii\n Itiivis at ( )klu)tHk, iind Doliello'n iigcnt in KaniteliiitliM iirc <<> lii' informed .... thut tlii' (iovenimeiit refuses them per- '' t ' mission to renuiin at those places. r<;per fiieilities for dis])ONal ol tlieir property and leiiviiii;' tlie comitry." ■^„ J^ ,...,.._ These iiisl ructions have been (pioted because they show [^clearly that the lUissian Goveru- Disallowanoo of Ki'cuvd ■ Pipjit contract iuvolvod no maritim,. jurisdiction, • I Appoiulix, vol. 1)]>. 60-6;<. J bill , jip. (12, 0;!. -•■.l;i U) meat exurciyecl ia this iastauco ao jnri.sdictiou other tliaa the ordinary territorial jurisdictiuu which attaches to every nation in riglit of its pos- Hession of tlie soil, and that they aia ,o no attempt to exclude foreign vessels from navigating the ocean. The rest of the correspondence concerning this mutter has, since the presentation cf the United States' Case been produced by the United States, in reply to a notice by the British Agent under Article IV of the Treaty of the 2!>th February, 18!»2. It is given in the Appendix to this Counter- Case, and it is submitted that it dearly proves that rigott frerpienli'd the IJeiiring Sea from ISl!) to 1822, and was not merely an accidental visitor to Kamtcliatka in 181!). He was one of many traders who liad visited places on bi'lh shores of the Heh- ring Sea, and he had pushed his trading on the American coast as far as Kotzebue Sound, nortli of Behring Straits. The following are extracts from the correspondence. In a Keport to the Kussian-American Company, dated, apparently from Sitka, Jaiuiary, 1821, it is stated:— ^ -Oil till' i'JtIi SoptonilK-r [1820] tho Aiuoncuu brig • I'odlav ' arriveil at tliiH port, llor captain is Jleuk, a lii'dthL'i' (if lAlofk wlio Ih well klU'Wii to you. JSlif Imd (111 Imiii'd ^[r, l'i;^iitt, witli wlioiii V'lu iirc well acqnaiiitiul. Ho was the HUpcvcHrf^'ii di' nwiiei' ; I'oi' the t'arf>'(i avus tuiilcr IiIk fdiitrdl, and lie diivotud tlic iiinvoinontH cif tla' ship. Ho had ooiiiefvoiii Kaintchatka in (.'ightcini daya. • www "Tlicro \v('i(j iittliiittinie two nicii-df-wui' dutlio idiid- Kt.ciul, and this fu(;t iiH'orded iiK^ fn.'nuoiit oppdl'tunitics of iiK'eting' I'if^ott, for he was aei|uaiiited with the olHcers iif lidtli (if thou:, //(cy hud met hmioml Behrimj SlralU III Koizebui' Soinid, and had boon anchored tlioiv to- f;'othor. He waid. in a lu-sitating' way, that /if hml Inxii tradiwi there. ^ '■ 1 must coufoss that / was wroiiii when I said, in a k'ttor td Alicliac'l Jlicliaildvitoli, thut a aimjli' mnii-of-wdi' would lie sujpfteiit to jmtaii end to thit tni-fic. 'I'o toll the truth, I did not bolicvo it at tlic! time : but 1 was afraid that a whdlo squadron, or at least a oouple df fiij^'atcs. would come down upon us. Tiiin prospoot friglitoiiod nio, both as Manager of tho Aiiiorican Coldnii's and as u llussiau. They would liavo uaton up all our pvovimonH, and cost tho Eniporor a lot of money, without doing much good. • • # « '• What hope is there that a Mingle frigato will bo able to stoj) this tvaflio on our shores, abounding in straitH and oxi'cllont liavbours, ond so well knowt to these Amei-icanK that they may be called thepilotK of these coasts f They will alwaya bo on g(j(jd torniK with tho uatives. ... " On the 1st February, 1820, the Governor-Geueral [249] D 2 Is i''llt m '■V. ]N / H Mi 11 1 1 . 1, t ' Il ■ ' 80 It ii Appudix. vol. i, p. (50. of Siberia wrote to Count Nesselrode, Secretary of State, a letter rontainiiig the following pasHages: — " (1.) IIV ore /iiiniliar irit/i the comphiintu imide fii/ the American Company in reijard to the linrli'ring van-ied on by citizeriK of tlio United States at tiioir eHttvMiHlnnontH, and in regard tn their anpplyiiig the nativcH with tirn-armH. T/ie»e complaints ore well founded, hot nothimj con be done in the matter. It wonld be UHeiuHH to apply to the United StateH' (4overnniunt to stop the trading; the uonnnorcial nik'H of the United Statw do not allow such interference on the part of their Government. The only thinij to be done it for the Company to ondeavonr to Htrengthen the defenceH of the prinnipal placeH in the ColonieH, and for the Government, at lenHt, not to f'aronr thin foreltm trade. Bnt the establishment of a whale fisheiy on the eastern shoros of Siberia would \m- doubtedly favour it in a high degree. The establish- ment of a whale fiahciy would be a, pretext for, and an encouragement to, foreign trade. " (2.) Although the fur industry in Kanitchatka and Okhotsk, which has been declining from various causes, has now become luiimportant, nevertheless, the present trade and its prospects for the futiu'c are in the hands of Russian traders. If an industry in the hands of foreigners is est^ililished on the coast, the whole trade will certainly i)a8s into foreign hands. In this thinly- popiilated region it ie impossible to establish an etfe8, 1822. " 'I he Hoard imre aware that Captain Pigott, who was at ^^''dv P- "^' Kamtchalka, intended to sail thence to our Colonies, and your dospatcii No. 8 of the I8th Jainwry, 1821, confinned them in their belief that lie pr^ ^^.^* "> PhotDgrapflic Sdences Corporation 33 WfST MAIN STMIT V.IBSTH.N.V. U5tO (71«) S73-4S03 k ^ 6^ f l1 I !. At p. 46 the i'olluwiii); (juolalion is given IVuin a letter, dated the 10th April, 1820, addressed by the Minister of I'inance to the Board of Adminis- tration of the llussian-American Company : — "Hiivinji; for the benefit of tlie American Oompuiiy United States' excluded all fon-igncj-H from Kiimtchiitkii mid OkhotHk, 9.1''" ''' ^*" , , ,.,.,,. .. ir (rorrcviBcu luul pi-olnliitod them from eiigagmg m tratle |AXD FltOM translntion, HUXTIXO AND riSIIIXO IX ALI, THE WATKBS OK KASTEUN »eo Appendix, ^^— — ^^— -i— — — ^— — — ^— — ---^— • vol. I, p. !•>.) SiueriaI, the Government fully expectw that tlie Com- pany, on its part, will hold itself rcMponHil>le fcv Hupply- ir g those regions witii all neeesHaries [" Ix coNCLUSiox, rr is htatkd as the na rstox of His 11>'J> 1>- t7. Majesty thk Empkror. ix vrKW ok possini.K FtrruitK COMPLlOAtrOXS OK THIS NATITRK, THAT XO . OXTRACTS rXVOT.TTXn thk KRKF. APAIISSIOX or XAS'lOATroX KOR TR\DK OF roRETox snrps or fobkiox sprtects ix tuk watkks AII.IOIXIXU OR HOrXDKD HY THE COASTS OK Ut'SSIAX C'OLOXIES WILL BE APPROVED RY THE IMPEIUAI. (jOVKRX- Further, at p. 47, tliere is a quotation from a Il>id. letter addressed by the Hoard to the Chief Manager t,iatl.5'' of the Colonies at Sitka, da(ed tiie 2ord April, sco Appendix. 1820:- 'vol.i,pp.l7,ia) ".'. . . BiiMMg your own action upon this proceeding of om- Iligiicst Prolcelor, yon, aw C'oiiinmnili'i' otail our Colonies must proliiliit with eipial stiic.'tneHS all loivigiiers from engaging in any.intcrccnrsc or trade with native ' inlmbitants [ as WEi.f. as KRO>r vrsrrixn TITK waters KREgUEXTED BY SEA-OTTERS AND Kl'R-SEAl.S, OVER WHICH ofR UPERATTOXS extexdI, under penalty of the most severe mousures, incliuling tiu! confiscation of ships and lyj „ .^g the imprisonment of crews engaged in this illegal traffic. You must act witli the gi-eatest severity in eases where foreigners have sold to the natives arms, pow:ler, and lead. [THBY must BE MADE TO ITNT)KUSTAXr) TirAT THEIR PItESKXOE r\ OUR WATERS IS COXTRARY TO OUR LAWS, AXD that] thoy will never l>e admitted to any port unlvss you or j'onr subordinates ('(Uivince yourselves that such is necessary for the saving of life. In a word, you must preserve nn attitude in full accord with the views of the Imperial Oovevnnient on this Mubject [AXD PROTECT AOAIXST XhX, TXTRIDEKS THE no.^fAIX OF l.AXD AXD WATFR uRAXTED TO US BT THE filiACE OK TITK KmPEROR .VXD XECESSARY FOR OUR CONTtXl'liD EXISTEXCE AXIl prosperity]. You nnist transmit these instnictious without delay to your subordinate ('onnnandors for their conduct in their intercoui'se vrith foreigner, ar.d es|)eeially to tho Connnunders of ships navigating our waters, [to KXABLE THEM to DKIVK AWAY the FOREION intruders]." And at pp. 49, 41, and 42 from three others, ilated the 31st March, 1821, the 20th September, United Statcii' Case, p. 49. ( tor rovined IrauHlation, geo Appondix, vol, i, p. 19.) Ibid., p. 41. (For i-oviried ti-RDBlation, aeo Appendix, vol. i, p. 23.) 23 1821, iiiul Ihc 28tli Febnmiy, J 822, iw tivelv : — " . . . . The principlus involved iii tins action of Oovcruineut ywi must nliio observo iu duuliug foroiguers who inny visit our Colonit-s, [I'siNO all FOnCK AT YOl'lt COMMAND TO DHIVE TiJEM FROM OUB WATEKS.] . . . ." [" With this I'Rkoious act ix vorn hand you will BB EXAni.KD TO ASSttMK A NEW POSITION. AND TO KTAXD KIRMI.Y Ol'l'OSKD '^') ALL ATTEMPTS ON THE PART OF FOREinNERS TO INFHINOE VPOV OUR RIOHTS AND FRIVI- I.W)E8. tX ACrORDANCE WITH THE WIT.I. OF HlH IMPBRIAL Ma.1ESTV. we will NOT DE LEFT To PROTECT UNAIDED THE LAND AXI> WATERS EMBRACED IN Ol'R EXCLUSIVB I'nnil^EHE.S. A S(^I>ADRON OF NAVAL VESSELS IH UNDBR ORtlEUS TO PREPARE FOR A CRUIZE TO THE COASTS OF NoilTH-EASTERN At*U AND NoRTH-WESTERN AMERICA. \ i i ' I Ilml., p. 4l>. (For irviHcil tranHlation, bci> ApiHMidix, vol. i, p. 24.) Apiinndix, vol. i. p. 57. (For rovisi'd ULS. HOWEVER. SINCE OUR v THE Company.]" The iucUiRiire to this last-quoted letter consists of " orders from the IJiissian-Amcricaii C'omi)iuy to its Kadiiik ojlice, .'hd AuL'ust, 1820," This J Mli IP • ! i i:: . ill . Mi ! 'i! , > mi .1' , * if 1 ,i- -ri \ 84 inclosure alsu is not cited in tlie United States' Case, but is given lu the Appendix, and includes the following : — "The decenHod Bainnof will* I'lvqumitly inHtructcd to United Statin' ('n«e, abstain as far an possiblo from all iiitercourBc with tlio Ap|»ndix, vol. i, ibreiguei-H visiting our Coli)nit.>«i [ FonTHK sakkof (Poi- revised truniilation, aeo PRESERVns'O INTACT OUR VALUABLE PRIVILKGES IX THK WATERS OVER WHICH OUn T|tAI>E AND INDUSTItV EXTEXDSl. p.' 20.) Avo may well dispoiuie wth sufli articles of luxtjry as tin- foreipierH endeovour to innke w* purchaRo from tlieni." It is iinportaut to bear in mind that tlie paswges above included in brackets have nothing corresponding to them in the original documents. The original documents, when read without the interpolated passages, far from constituting any proof that the Eussian Government were asserting any dominion over Behring Sea, disprove that allegation, and show clearly that all they desired or contemplated was to protect the trading on the coast. A^Tien the position of the persons by whom these letters were written, and to whom tliey were addressed, is remembered, it becomes clear not only that foreigners frequented Behring Sea in considerable numbers, but also that Bussia and the Kussian-American Company recognized that their presence there was unavoidable, and that interference with them must be strictly limited to the ordinar)' ten itorial jurisdiction. Neither is any trace to be found of any action having been taken under the instructions issued by the Board of the Company with the view to excluding foreigners from trading in Behring Sea. Appendix, toI. i, It is submitted that the propositions that were formulated on p. 36 of the Jiritish Case with reference to the user of the waters of Behring Sea up to the year 1821, and supported by the evidence cited therein, have not been displaced by any facts or arguments produced in the Case of the United States ; but, on the contrary-, that the further examination of the subject establishes that, down to the year 1821, Russia neither asserted nor exercised in the non-territorial waters of the North Pacific, including tiie body of water now known as Behring Sea, any rights to the exclusion of other nations. Foreigners frequented Behring S(»l iu numbers. lU-foro 1821, Russia atwrtedime elusive jurisdiction in lii'Irring Si«,| - .1...-^.- : ■■^- WPI 95 CHAPTER ir. Head (B).— 27i«; Ukme of 1821, and the cii-cum- stances omnected therewith kadiny up to the Treaties of 1824 H' Case, |). 4!t— " it thuH appvai'M from the forf| far ns it I'lincerned the coiinIs and wntorH of Uerin^ Sea, till- UkaHo of lH'2l wHH merely dcclaiiitury of pre- i-xidtiug olainiM of excliiHivo juriHdiction a« to tradu, which had heen enforced therein for man^v yearn." (2.) Uiiited .States' Catte, p. 5U — ■■ It was only when the Ukase of 1821 songht to extend the Hiissian claim to the American Continent south to latitii'le '>r', imd to place the coasts and waters of the Dc-cnn in that region under the exclusive control of the Kussian-Anicrican Company, that vigorous protests were made liy iho (iti — " Neither in the protests, negotiations, nor tix-atios is any ivCere I ;e found to Kcring Hva." .Si MM.xKr lit Kkiti.-u Hki'I.v. . ■ ■ The citations ivferred to in Cimtentioii ( 1.) when freed from interpolations, show no claims of exclusive jurisdiction over the coasts and waters of Behring Hen. Throughout the protests and negotiations resulting in the Treaties of 1824 and 1825, there was only one lea area under discussion, namely, that dclined in the Ukase of 1821 . The absence of all reference to Behring Sea by a distinctive name, proves that it was not, for any purpose, sc|>arated fitmi the rest of the defined area. The term " Pucilic (.>ceaii " was used throughout the protests and negotiations to include Behring .Sea; and the term ■'nor^h-wcst coast " to include the whole west coast of America from Behring Strait to ol north latitude. The claim of Kussin to maritime jurisdiction was that a«rainst which the protests of Great Britain and the Lnitc<{ •States were most vigorous, and the lirst place in each Treaty was assigned to the clause by which i*. wim giveu up. * ' m [249] K if ^ '-ht' 7 1! r Coiiti'iitioii that the lknm.. df Ihi WUH HH to. HchnrifT Sf,i m ] dj;.-h.n.to.y..ri.,v-,.si„,i,,;,,i;.;j Ot OXClUMVU JIII-lHllli'lidi,, Tilt' " foregoiii;; eiliiluuiH" niPiitioneil in the first of tht' !il)ove confciiiioiis ms showinj; thai, so fur us it cincenu'il the ('(tii.sts aiul wiiters of hchriiig Sea, the I'kase of 1.S2I was iiiLMely declaratory of jjri'-oxisting claims, are dealt with ii) the latter part of llie preci'dinji ehapler. They are the letters dated respe(!livcly the Ktii, lOlli, and -i.'ird April, l^iJO; .Ust March and -'Oth September, 1821 ; and 2Sth February, 1822. The oritfiiial documents, as will be found from the ^^'''','','"','1',' *,„ ' ,'j '^ pp. 11, l.t, 18, 18, correct translations, allord no j/round whatever for l'M, mid H. this contention. The presence of foreigners in the K'u.s.sian pos- sts.sions has already been alluded to as the chief motive and Justification for the Ukase, and it has been shown that it was doubtless in consequence of the complaints made on that .score, that the Hri'isli 1-1 -1 lip. /. Ciisi', 11. .'tl*. Ikaso purported to exclude foreifiners Iroin Unitod StnU's' approachin'; within lOl) miles of the whole of the Case, Apjiendix, north-west coast ol America, beginning troni ' Hehring Straits, to the 51st degree of norlhern latitude. No valid ground for the (li.siinction suggested Uniuil Sintm' between the (oasIs ami waters of Heliiing Sea and '"*'' '''*' I'kiisi' docs nut iliNtiii};niMli i»iw,ni| Helii'iiig Sen iind wntirs imifiil,. It uiijilii's to iiortli-wist iiiiiM trod Helii'iiig StruilH to iiilitiuk' .'i|' ijuriU those of other seas can be found in the I'kasc itself, which, like the I'kase of ITiM), as.serts a claim to the whole of the cuast line specilied. ttn<(' nort hern latitude, is exclusively f;raiited to l{usniah NiilpjeelK." The hi ler from Haron Nicolay to the Marcjuis IJiitiKh Case, of Londonderry, dated the .list (Vlober. 1821, by pTi"'!"'-'"'' "' * ' E (111 If |J> Ml which this lka.se was olfuially notilied to the Sea area defined in Ukn>e.iKM,m Ihitisii Government, speaks of the sea lying as part of hicifie Oeeim. between the coasts thus delined as — "ei'tfe partie do I'Ocean I'aeitiipie cpn; l)oi'dt-nt iios possesHioiiK en Ameriijue et in Asie." .And he concludes Ms letter by saying:- - " l,es ollieierw eoiiiiuandant les hiltiiiientM de gllerie lUiHsis ipii s.iiit deHtiiH's a \ eijler linns I'tVenti I'aeifiqne Uritiah C'afic, |>p. r.»-7fi. lTlir"iiglitiiitiutiti,niiini'iitiyili«tiiictivcimiiif. Appendix, vol. ii, I'nHs I iind II. Ibid., Part I f, p. :». ^iiilic Oifiui I'xtumlN (111 iioi'th-Wi'Bf waul fiiiiii Ik-hi'iiig Sjtrait to lii^i- tlKlr.'lV liorlh. iiritigli Cam', lip. 48, 49. iliiitcd States' Case, Appendix, vol. i, p. laa. nil iiiiiiiiliiMi ili'N iliN|iiiNitii>iiN HiiNiiii'iitiiiiiiii'-i'i.. nut n i;ii I'lirdn' ill' <'iiiiiiii('ii('> r ii Ick iin'ttrr I'li vi^'ll•.■lll' ciiVfiN I'l'iLS (U'H iiuvii'i'N I'triiii^ri'N ijiii Hi'i'diciit hoi'IIh (I'liu iIih pm-tH (Ic l'Kui'[ajesty'M (Government. Tlie reason is obvious. The whole area alVected by the Ukase was the subject of tliscussioii, and no distinction was drawn between the part of I lie Pacific Ocean nortli and that south of the Aleutian Islands. Had any snch diHtinctiou been intended, it niUiSt have been repeatedly mentioned ; and had it been desired to deal with the waters of Ikhring Sea in an exceptional manner, an express provision to Ihnt end must have been itiserled. With reference to this point, attention is invited to (,!liapler 1! of the British Case, and the corres])ondencc set out in the .\ppendix thereto. The rka.'>e of the 4lh September, 1821, which led to the protests, negotiations, and Treaties, claimed the exclusive right to the pursuits of commerce, whaling, and fishing on all i.slauds, ])orts, and gulfs, including the whole of the north-west coast of America from Behring Strait to the 51st degree of the northern latitude ,:nd the Aleutian Islands. M. (le Boletioa, in his letter to Mr. Adams of the 28th February, 182-.', claims— , .• ^ " lli<(l tin: HiinniiCii j:ofi>i ^iiini' ill llic I'lifific (Ifeiiii <•.(•/('»('/ oil t/ie iiiirt/i-irent ioukI of Aiiii'iiiii fi-om IMiiiini SIrah til tlu' 5lKt (Irgrrr (if iitirtii iiitituiK-, ami (in till.- (ip|)(>sit(' m\v< of AkIii uiul the isltiiidH adjacent I'riiiii the Miiiiif .Stnit to the IStli de{i;i-i)t'. 'I'lic extent (if Bca (if wliicli tlicMc pdKKL'RsiiMis fdiin till' liiiiitN iHunprelicudH all the o(jn(litiiiiiB wliicli are (irdiiiariiy attaclii'd til .-hut seas Cincr*) Icniuk's'), niid the llusMiaii I iiivunniiciit iniKht (•(iiiM(((ii('iitly jii(lf>o itK(>U aiitlinrizcd Id I'xcicim' iiiidii tliLs hi-a llic ligiit nf hdVi.'i'oigiily, and (•upecially that nf ciitiivly iiiUidictiiig the eiitraiiec nf I'divigiiiVH. Hnf it prefcrri'd only anscrtiug its esHfiitial lights, witlidiit taking any advantage nf IdcaiitieH.'' [249] E 2 ■ ■ ■ 1 1 i 1. ■ ■ ';i. ■ {■■ S:, I 'i . i *:?. 88 The extent uS waters tliuu liinileil he <:laiinii as " shut-seas (* niers lermces '). " Tlic same limits arc either expressly or impliedly referred to throughout the correspondence/' Thus in the letter from Mr. Adams to Mr. Middleton of the 22nd July, 1823, the writer states that — " thi' protoHtioiiH of tlie Imperial voninifiit extend Britiuli Cm >, to ail oxcllisivo territDriiil jiirixdit'tioii /roin thr 46l/i pP|!*',j '' V* "' lifffrte of north latitude, on I fie Atintic coofl, to tlw IntituiU of bV nofth on the tcftevn coaul of the Amrricun Con' tfneni ; niid they iihsiuiic tliu riglit of iiitordictiiig tlio navigation and the tiHliery of nil other iiatiuim to the extent of l(t(» inilcM from tlie Wio/i' of that count. Th« Statet can admit no part of thete claim*. Theii" riglit of navigHtiiig and of fishing w perfect, nnd has been in eoustant exercise from the tarlieKt timeH, after the Penee of 17H3, throughout the whole of the Southern Ocean, subject oidy to the ordinary" cxcuptionH anrreH|H)ndonce bvtwccn (ireat Dritain iind RuSHia :- - Barnn Nicolay to the Miininis of liondoiidorry, .'list (tctolier, 1821. Count Ncsselmilc to Connt bicveii, "ill Octcber, 1821. Messrs. K. Kndcrby nnd Mcllisli to Uonrd of Trndo, 27tli Kovctnbcr, lH21. Mr. C'r. (■'annin'T to tlio Duke of Wellington. 27th St'pti'm- ber, 1822. •Ship-owners' Society to Mr. G, t'anninff, 11th June, 182:1. Jfr. Knderby to the Board o' Tiade, 7th February, 1824. And in the correspondencu of the Rn.s.sinn-Anicriean Company : — Minister of Fininci- (o RnMinti-.Vnierio.Tn Company, 18th July, 1822. C)unt Xfsselrode to X. S. M.irdvinof, 11th Ap.-il. 1824. + Tin.") word is in ila'.ici in th« (iri. '''" HritiHli C»Hi., Appendix, vol, ii. Pnrt II, p. 7. 89 IhI (I3lh) Deci'iuhei , IH2.'l, wliicli contains the. fnllowing passage : — "Tho UktlHc even gucN to flu- 'Intlliinl i(/> 1/ u ulriiit ichieh ha» iierer l>een till )iiiir n/nil ii/i. ami wliiili is iit the proHont tlie piiiicipiil ohjoct i>l'(liKnivi'ni>siiit the fliMliiui I' IIM» miU^ from ihe rmulu lipiMl tiro iiiijiotili; cnntiiiiiilH, iilld thi' plcihiljifinn 1)1' iippi'oiK'hing to \\n: wuiii' iliHtiiiicc from tlioHi' roHHtM, ov from thoHc of (ill tho intcrvciiin^ IsiIiiiicIk, an- imiovatiouK in till' Inw of tiatioiiR and nifiifiin'cH niicxamplud." Ibiil., PRrtI, p. rtl. Mr. Ci. Canning, writing to Sir ('. Bagot, Her Miijesly's Ambassador at St. Petcrsburgh, oil the 12th July, 1824, inclosed the dralt of a " Projet " of Convention, which Sir C. Bagot was authorized to sign llritish " Pnijft,' This " Projet " contained the following: — "HIm Majfsty tlic Kinj; of the rnituil Kingdom of Great Britain and Ireland, and HIm Miijcsty tlic Kniju'ror of All the KuHHiax, beiu^ deHlrouH of drawing Htill closer the ties of friendship and ^ood underHtanding wiiiuli unite them, by means of an Agreement whieh Hliall settle, upon the basis of reciprocal conveniunee. the different points eonneotcd with the eonmieree. naviga- tion, and lisherieM of their snl)jei:ts on the I'acifie ()ccan. as well HH the limits of their possexsionH and eHtablisli- ments on the north-west coast of America ; tlieir said Majesties have named their rlenipotentiaricK to cnnelude a Convention for this purpose, that is to nay : " His Majesty the King of the United Kingdom of (treat Britain and Ireland, ic., itc. &c.\ •'And His Majesty the Kmperor of all the Russias, i&e.. &e., &v. ; " Who, after having eonuuunieated to each other their respective full powers, found to be in duo annil northerly aloug the I'luiiinel called I'm-tlaiid Cliannel. till it HtrikeH tli<' coattt of tiie rontineiit lyiii^ in tin' 5titli di'greo of iiortli latitude. Kroni tliiH point it Himll be earned along that eoaHt, in a direction parallel to itN windingH, and at or within the Ncaward l>am' nf the nionutaiiiH l>y wliieh it ih bouiided. as fa. ati the 130th degree of longitude west of the naid meridian. Thence the (laid meridian line of 1 39th degree of went longitude, ill itu exteiiHioii nn far an the Fro/.cu Ocean, Hhall form the bouudtki-y of the HritiMli and ItiiHsinii poMtteHMionH on the naid (\iiitiiieut of America to (he nortli-went," '•.\HTICL.K in. ■' It Ih, nevertheicKK, undci'Ntood, with regaril to the HtipulMtioiiM of the preceding .Vrtiele: — " That the Muid line of coast un the (.'ontineiit of Aiiieriea, which forniu the bonnihiiy of the ItiiHsian pon- M'Hsioim, hIuiII not. in any caNc, extend more than marine leagueu in l>i-eadtli from the nea towardH the interior, at whatc-vor diHtaiiee the aforcMaid mountainH may Ix'. •• 2. That Hritish Bubjeet^- Hhall for ever lively navi- gate aud trade along the Haid line of coaNf, and along the neighbouring iHlandN. "3. That the imvigatiou nud conunerce of tlioMC rivei'H of the continent which croBH thin line of eoaHt tihall be open to KritiHli Nubject^ nn well an thoHe inhabiting or viMting the interior of thin continent, an to those coming from the I'licitic Ocean, who hIuiII lotieh at tlioHe latitudes •ARTKLK IV. " The port of Sitka or Nove ArchangelHk shall be. aud shall for ever remain, open to the commerce of the sub- jects ot His Britannic Majesty. 'AKTICLK V. " With regard to the other jmrts of the imtth-teegl coast of America, and of the islands adjacent thereto, belong'- iiig to either of the two High Contracting Parties, it is agreed that, for the space of years ft-om tiie 5-ir, I •'■ L'4\ I • mmmm lii'iliiih CiiHc, A|i|H>iiilix, vul. ii. I'Hit r, |i. W. BritJNli ('ii!io, p. Ili, Ibid., Apiiuiidix, vol. ii, p. tW. nuttiu),' u|i of lluhriitg Htmita not to 1)0 tnliTiitcfl ))y Riiglaiiil. 81 April, If'H, (lii'ii' I'i'Mpcuiivi' vcmh-Im, hiuI tlmru- ul' th*-ir Miiiiji'ctH, nIiiiII I'i'ciprocully I'lijuv tli(> lilicrty <>t' viNitiriK, without liiiiilniiiri', till' kiiH'm. Iihvcuh, iiiuI i'I'i'i-Ich ut tin' Miiid I'KiiNt, ill pliK'CH imt airi'iiily nccnpii'il. lor tlir iiitr- poHi'N of fiHlicrv 1111(1 ol'i'oMiiiii'i'i'i- willi till' imtivcN oftlu^ (Miuiitrv. " It boiiig iiiiili rNioiiil :— i •• I. 'I'lmt till' HulijtciH III , •III-- ■•(' fill' lligli C'oiitriirt- ill^' I'lirtitw hIiiiII lint IiiikI iit iiiiv Hpot wlii>ri^ tlwri' imty III* an I'NtiihliHliiiiuiit of till' otiii'i', witlioiit tlic pcnniitNioii of till' (loviTiior or otlii-r luitliority of tlii' plucr. iiiilci«i tliry kIioiiIiI Ih' ijrivi'ii lliitlicr liy Hlri'.'' ri^lit of fi'i't' navipilioii iilon^' tln' whole exlont of till' I'acitii' Oi'iian, ('onipi'rlu'iidiugthi'Nca within Hi'liring StrailH," , It Wiis siiyo'-sli'd by L'oiiiit Lie\('ii, in a Mt-iiiu- rjiiuliim coiuiuiiuicalc'd In Mr. (i. ('amiiiig in July, 1824, thai the bnperial Govuriiiiibnl inighlhmlatc lo iidinit tliis (Hmditiou '' Maim ell niiKlilit'r IViioiiet' aclucl poiir in- puiiit expoHur li-H cotitH ilo HI'S jioime'/iloHii ,\»uitiijiu'K daiiti la Mev UlitcUtU iiiix iiii'oiivriiii'nM ijni poiiirniuiit iiiiitri' ilr la viNite di'.>^ ItTuiinens t'lniiigcrK." Tlu' objection, therelore, related wholly to liehring Strait and I he Kucisian .Vsiatic posites- sioiis beyond them, :ind not lo Itehring Sea. With rel'erenoe to Count Lievenu objerliun, Mr. C'annhig on the 24th Jidy, 1824, \vr()le : — ••'riic Powrr wliirh (oiilil think of making tlu' I'ai-itie i\ iiMve cliiHHinii may not unnaturally lie supponed eap- "iilile of a iliHpoBition to apply the name eharaeter to a Htruit comprehended iH'tweeii two shores of whiehit l»e- I'oliU'.'* the uudiMputed owner: hut the kIihIIIiiij iii> <>/ ne/irliiijH SlntilH, or the jioicer lo 'liitl (htm up heirii/tKi; woiilil be u //i(»ii/ not to he tulenileil lii/ luiijhiinl. Xnr could we mibuut to be I'xeluch'd, either posilively or eonHtrue- tively, fn.in a Men in wliicli the Hkill and Meieiiee of our Hcnuu'ii htiH been (and is Ktill) employed in enteiiiriMoi* intoreHtiug not to this eountry alone, but to the whole eivilizt'd world." r P 1; 1 i t , » ,1 , i i i' I)i!f4 aij It cannot he Hupijosed thiit Mr. C!aniiing, while indintinp upon the freedom of Hehrinp ftfrjiit nml the Arctic (»it'an, wan at tlie ^i\mv time conceding to KuMiii the riglit to f.\clud« ve»«el» from the uon-tcrritorial wul»'i?* ul Heliring Sea. In An^U!iii|ii('. il <|)i'ilN Jciuiiont ilii ih'uit (Ic jii'i'lii' I'll liMMli' iiK r. iiiaiK i|Ui' ff ilrnit iic imurru jiiMiiii.>4 I'-li'i cxi'i'n'' qu'ii la liiKtiiiK'c ilc J liriicK llial'illl'N (I'H ll'ltl'* III! |>llHS('S-»i(MI-', Mllit {{llMMCN, Nlljl lli'itiiiiiiii|iii'K, ■•.MM'U'LK VI ■' .^a .Maji'sti' 'rKiiiiH'i'i'MriU' 'I'cinti'N h'N ItiiKNlt'M. Vdulaiit Jiiiil., p. 70, iiii'iiu' iliiiiiii'i' mil' [ii-iiivc iiailii'iilii'ir i\f ni'n rj-anlK |piiili' I08 iiitiTrls (li'i siiji'iN cj:' Sa MajcNli' Itritatiiiiiiui' it rciiilrr jiJiiM mill- li- siii'ii's ill riilri'|ii'isi's. i(ui aiiniiriit |iiiiu' ii'Miiliat ili'i'niiN I'll' mi |i;isNa;;'i' .111 ikmiI iIii ( '(iiitiiii'iit Aiiiri'ii'aiii i>ciii 11 r.i i|iii. In lilirrti' ilc ii.in i^atinn liii'ritiiiriii 11 r.Vilirli- |ii'i'ci'i|i-,il K'l'h'Uilr wnts Ii'n iiii'-mi's I'DMilitii.ii-, ail hi'lrnit ili' Itclii'iuj.;; it a la luor witiii'i' ail iM'iil ill II- iji'li'iiil." 'i'lu' iii'j.'oiiaiii)ii>, liDWi'Vi'i', wiTu liroki'ii oil, as ^^^^^^ ., ^•^y reported liv ."^ir ('. Mau'ot, wliu wrote that on rer- tain points dillereiiccs had arisen which appeaiinl to hf irrei'onciiahU'. One of the jjoiiits nil wliirli iIk; Hussian Pleiii- potentiaries refu^'il to viild was the proposal, ein- l.jdied in .Vriii'Ii- V of the Hriiish '•Projet," in so far as it pcrniitteil British snhji'i.'f.'^ to visit, for a stated period, thr ^idl's, havens, .-ind creeivs in plarcs not already occupied on liie north-west coast of Anicriia from " nortli latitude to Mehring Straits. This roast they dci'laritd lo lit- the ali- sohitc and undisputed territory of his Jniperial Majesty, and they added that it w as not tiie inten- tion of His Imperial Majesty to grant lo any Power whatever for any period of time the liberty which was required. Mut tiie stipulation for the free navigation of the high seas, which was afterwards embodied in Article I of the Treaty, was not one of the points upon which ditierences arose, and the Bussian Plenipotentiaries do not appear to have raised any kliniii'i III' IhiAsi KuBsia does not ubii'i'i to Biil "Projet" on ground ol'i-xcfptici righ'ts in Uehring Sor. il^- BrilMli Cmt, Appandic, vol. ii, Pkrt T, |>. 68. im. 83 objection to the BritiiU propy Buseia in the Pacific, which he had hoped to see re- voked in the simplest and least unpleasant manner, by mixing it with a general adjustment of other points, romainetl, by tho breaking off of the nego- tiations, still unrttt'^i'tod; and that his Govern- ment would probably l> of opiniou that, upon that part of the question, some arrangement must nevertheless be rrtcreil into. With refere'.x' to tho sistlt Artiole of tho ••<5(»ntr«-Projet," he wrote as foUows :—■ 'I "I gave tho RuMiaii Ploiiipotentiarira diatiuotly to undontaiid that neither Hin Mnjesty's Oovoniment uor those of the other Msritinio I'uwara of tho world would, as I thought, bo likely to accept the frao navigation of Behring Strait ns a concession on th« part of RuMia." 1 *! Uaitod Sutct' Case, p. fiS. Llrixiid •>! KuKHiiiu !■<]. In the United States' Case great stress is laid upon the fac; that Bussia, after the execution of the Treaty with the Unitetl States, and before the conclusion of the Treaty with Oreat Britain, sought to place an interpretation upon the former Treaty which Is not in accord with the interpretation now put upon it by Oreat Britain. This interpretation is contained in a Report, dated the 2l8t July, 1824, of the Ck>nference of a Special Committee of certain Uussiah dignitariet, which Conference had been brought together for the purpose of replying to certain questions raised by the Russian-American Company upon the Treaty. This document has been produced for the first time in the United States' Case. It is in no sense an international document. Further, the questions put by the North . American Company, to which it purports to be an answer, are not produced. Moreover, the translation of the Report cited in th6 United {[States' Cose is inaccurate in mo-:t [249] p • i) m Mil IPPIIIJI 1(1 r ' L ki ■ ''1 :^F • iMridrtant paftkfftliu^^' llhfe"trtitt8latlbn gtV«rrlitT ' •tHe United' Stags'" ©Mfe'fa te'f6H6'vriri.thei w6rfs'-^"e, pp 1^55. appearing between cWAdt^ts- bfeifftf ' snitiit^ iiiter-f *'?«• r^^itei tram ••..■. . n ■'"'' .p.M'/"''* "' ••MJJ:h,,r.ft .'<;-^({. ,...,j; ,-, p.34.) " 7< Tiiataiiico tbe soveroigiity of ii^^ui uyo;.' i\xe ^ ^sliorea of Siberia [AND Aui^igaI, bh \vi-|l as over tlio • ; , , , I til II i T i j ii j I 1 ^ / - .,■ . . ' , ^j. , |>;i Aloutiou UaiidB [and the intehvenino seas], lias luug sinco beou ackiiowlectgea by all Pbwun«, tliene ci^tH,- i&landa' [AXD SIJAS] juat named could not hitvo b(!en4>c- ferred to in tli^ Articlea of the above-mentioned CHn- vention, which' lutter^coriceifiifi'bniy tlio 'disiiiited teiti- to'iy on the north-west cba6t of Americiii 'ftiid<-tH(< adjoining islands,- find that lit. the 4HdlMiMni'iwc«\iiP(lii«h ijmdiapntod right- RnMria,J)aifripng i^noiv «^^bli«hicd fMOr*! mjtneiil) Hcttlemeiits on thejCQas^. of . tjibe^iai a^iFvpU-^' ^00 the ohai^ of the j\^e||tiM^ UI^kIb; oon^j^yijtly, Ameriaai^.qylg'Qcto c^^4 u^!OU:^he fti^pgt^l^ uf, Ar»cie Il'of Uu) Co{iveiition of tlje 5ili (ittL) .A[>ril,'l|nvc tn'uao [ landings on tbe'epaat, Or carried 6i)|iuutiilga^rd''finlilng ■withont tlie pcmiiwibn of oiiir Coliithiandew"or fioVer- ' ndiTB. Tlieso -ctiasts of- Silicrift awd.oif thd 'AJMitl«i'i Islands luo not wasliod by the- SontBcrnTMirvW^RO'- Oji^caii, of. jduch mention is mad© in Article 1 4pft^(ie Convention, bnt by.the Arctio Ooean and the $un8 of- Kamchatka and Okhotsk, which, on all authentic Charts and in all geographies, form no part of the Southern or Pacific, Ocrian.V • ::'^-.i<'l ..'.!..;./..■; ^i/ .'11 li^;inU j^itUhui Uid),i'>u^yii4»ni vProm 'tliis Eeport, it insiy be galher*ii'tlltit thfc' two following .points Jiad been raised by- tWCSorfp-'' '■ naxiff— ' " '•' '■"■ •-••• ■ •■ ■■■'•'^'^''^ •',-'•-/»'" 1. It was tbought tbat Article I of the Conven- tion permitted citizens of the United States to resort to the coast Upon points not already oc- c\ipied. upon t lie sbofes- of Sine^ia and the.AlSuV tiaa Islands for tfte ' purjjose of trading wifli.t'ne natives. " 2. The Company desired to confine tlie right of fishing aiid trading, granted to the United Si'afes for ten years by Article^IV, to the coa^'t south of Cross' Sound. It was to meet the fiist'of ll.ese poiritalhait the argument that Behring ' cea Is not part of tlie Pacific Ocean, oi; Soi^th feefi, \yas ftir tlie' first tlnie Suggested in the above Report Upon the second point, the Committee ex- Elevisod trantda- pressed the opinicn* th^t ^nkiitat or Hfehnng Bay y^lif^^it"' i^as 8ituated--;'^^^,j ':,feMtt,m:«>i> UrfKfiJjwrwyfcU n: 'Mn a latitude [59.° ^-|iortii].vh(9rG therighta.of Rnssjai have never fortnsd a subject^ of dispute, and. thi^t thj)i important ciroimutance pernjito us ^ to include it ii^^tiie general dec1i4raiion odueeming the Aleutian Islondt and the other nbrthcrn jilacetf." ^Ji-. V:tf.O' TujiiV::il> uuivi' I iiM W'liiwi I ^niiqpiipiippmi mmmmmmmm wmmmm latiou. Appendix, , , r , , Tol. i, p. 85. -' a* it- lie* uttdur the 57th de^« of noMi UHiadi, iad '-'coufwqneotl^ xritlnA:' khtf ttntSts of thoM isltods and '" re^ons ito Which Ruamh's right of sovereignty has been diapttled, it is inipntcticable to apply the same rale." - ' Acnordiilgty, an the suggestibn of the Cota- ^"raitlee, fiaron Tftyll, Busman Hini«ter at Wiish- '" infftoh, ;(ra8 instructed by his Government to. pro- jpppe to Mr. Adams that Cross' Sound should lie the . ,< i^QFthern limits to -whibh^ the right of fishing and' trading for the^ stipuUted period of ten yef rs' ij should be confined. "I No copies, however, are forthcomin;^ of the in- structions given by the Buasiftn ^ Government- to - Bai'oh Tuyll, nor are any copies oif the despatches ' from the BarOn.to hip Government, or the subse-. quent reports of the result of the negotiations, now . ^.produced, What actually took place between Baron Tuyll and Mr. Ad^ms is best told by quota-i .'tioli from Mr. Adami' diary. Mr. Adams' account of thii^ transaction is as follows:—' ' Memoirs of J. Q Adam*, vol. vi, p. 436,' <* 6th, Mottda^.—^BAron- Tuyll, the Btisaitui Minieter/ wrot^i- Bie a itote requeatiiig an immediate iutei'view, iu consequence of instiiictionB received yenterday from his ., pourt. He came, and, < after intiiBating timt he-Was. uader some embarraesnieut in executing liis instructiona, .aaid that the RusBiau-American Company, upon learning jj,thc!purj)ort of the northrwest Coast Convention con-- ,, eluded last June by Mr. Middleton, were extremely dis- satiefied (' a jete de hauta cris '), and, by means .of their . influence, had prevailed upon his Government to send ^.j him these instructions upon two points. One. was^.timt.. >,.he should deliver, upon the exchange of tho ratitications . of the Convention, an explanatory uot«, purporting that the Russian Government did not undei'stand that tho Convention would give liberty to the citizens of tlie United States to trade on the coast of Siberia. and tho f, Aleutian Islands. The other was, to propose a modifi- catron of the Convention, by which Kxnvvesscls should bo prohibited from trading on tlie North-Avest Coast north of latitude 57°. With regard to the fomier of . those points, he left with me a minute in writing. ■ "I told him that wo should be disposed to do every- thing to acconuuodate the views of liis Government that was iu our power, but that a modification of the Convention could be made no otherwise than by a new Convention, and that tho construction of the Conven- tion af concluded belonged to other Departments . of the Govenunent, fur which the Executive had no authority to stipulate ; that if on the exchange of tho ratiflcations ho should deliver to mn a note of the purport of that which he now infoimally [249] F 2 M iJ i?s^ .»;• :i; r (?!■!* i 1 1 ft M il»Te me, I ahonld give him ait MwWer of that import, I . namelj, that the oonatruotioB of traetiee depending h«re I ,iipon the judiui«ry tribnnnUi [the Executive Qoveni- ment, eveu if diaposed to acquieaco in that of the Biuaian Qovenimen*^^ u announced by him, could not be binding upon the Coiuto, nor upon this nation.]* I added that the Convention would be ^uhmitted imme- diately to the Senate; that if anything affecting its conatmction, or, still more, modifying its meaning, were ■to be presented ou the part of the Ruasinn Government before, or at the exchange, of, ratifications, it must bo laid before the Senate, and could have no other possible effect than of starting doubts, and perhaps hesitation, ill that body,and of favouring the viowsof those, if such ' there were, who might wisli to defeat the ratification itself oi the Convention. This was an object of great , solicitude to both (Jovcriimeuts, not only for the a4iu8t- mout ot a difficult question which had arisen between them, but for the promotion of that harmony which was so much ill the policy of the two countries, which might emphatically be termed natural friends to each otiier. If, therefore, he would permit me to suggest to him what I thought would bo the best course, it would bo to Avait for the exchange of the ratifications, and make it purely and simply; that afterwards, if the instructions of hxs Goverument were impeMtive, he might present . the note, to which I now informed him what would be in substance my answer. It necessorily could not be otherwise. But it his instructions left it discretionary with him, he would do still better to inform his Govern- ment of the state of things here, of the purport of our conference, and of what my onswer must be if he should present the note. I behoved his Court would then deem it best that he should not present the note at all. Their apprehensions hud been excited by an interest not very friendly to the good understanding between the United Slates and Russia. Onr merchants would not go to trouble the Russians on the coast of Siberia, or north of the 57th degree of latitude, and it was wisest not to put sui-h fancies into their heads. At least, the Iinperiul Government might nrait to see the operation of the (Convention before taking any fiirther step, ttiid I was confident they would hear no complaint resulting from it. If they should, then would be the time for adjusting the construction or negotiating a modification of the Convention ; and whoever might bo at the bead of the Administration of the United States, he might bti acsurcd that every dlspoiition would be cherished to remove all cnxises of dissatisfaction, and to acoommodate the wishes and the juM policy of the Eiiiperor. "The Raron said that these ideua liad occurred to himself; that he had made this application in pursuance * This psMsgo docs not appear in Mr. Blaine's quotation from Mr. Adams' diary (United States' Case, Ap|M>ndi», vol. i, p. 277). It is important, inasmnoh as it indicates that the United States' Oovemmont were iiotditposed to acqnieiwe in the proposed consti notion of the Treaty. "■mnm^npipffp wm^ m^^^mmmmmmmiimmm Appendix, vol. of po^n , in vftt CoutUatipo, sad of the mews* pi)faqioHM< de FAmMque jtuquuu 59° 34' de latitude nord. -• " n paratt que ceci n'est qu'une consequence naturello des stipulations arr^t^es, car ies eolei de la SUUrie sent baign^es p»r la Mer d'Ochotsk, la Mer de Kamtschatka, et la Mer Glaciale, et nou par la Mer du Si|d mentionnfo- dans 1' Article I" de la Convention du 5 (17) Avril. Cest aussi par la Mer du Kamtachatka ou I'Uc^n du Nord, que aont baign^es Ies Hea Aleutiennea " L'mtention de la Russie n'est point d'entraver 1» libre navigation de I'Ocian Pacifique. Elle se bomerait k fiiire reconnoitre comme bien entendu et plac^ k I'abrt de toute esptee de doute le principe, que depuis le- A9° W aucun vsisseau stranger ne pourrait approcher de aes c6tea et aea ilea, ni y faire la chaaae ou la p£ch» qu'ik la distance de S heuea mariuea. Ce qui n'emp^ chera paa d'accueillir Ies bAtimens Strangers avarids on battua par la temp^te." It is stated in Mr. BlaW« despatch of the 1 7th December, 1890, that this Minute or Memoran- hi I flliii w. -^f^m^a^''^9i^ff ii.ijnw.. viii.pi I jiaiiif^i^napi!|«n«i«qpwi^ le prq M of ritlfieftii(n<8, 'btft ^iha 'bimmfaVtfk*«A a »ibft(tigltt aJPierW^rds. ' It Qo^m 'kiJii^^'(6"bkVe'^«itf^^ any acKnowIedcnient or reply, anu the wlipir ~ codings ^een) t9^i)fV0 peeif e^t)r<^y^nforip:^ In any 9aae,.9e|itbfir ]^er^, porin the panyervt^tfqi} with Mr. Advm «boY« c^isn^ to, ,(U>1/. )%ci¥, Tuyll /suggest tbatJBeliring.Seli was tilOMd« or«that his OoveriitaeiYt' clmnfed •ai'^wargiH ^ 100" milea ft^tb the shoiiSsi Hh Argument tvM'that the IWMrf^ did Wt ap{>ty to that s^a, arid that th^ Utiited States were remitted there' to the' OrdtharV ri^txt^ of independent nations on the high sea^'. Wh^t'he 81^8 ap to the reception ofshipsin.distreiis.assumep that ships Trill.be.paffing;- AikI. tji$..«i ^^s'^Uj^-,'^ treated as the limit of territorial jurisdiclion. ^ ^o the above may be added lh*e account of the Same tran^ftction which is given by, the .Bussiah writer, Tikluneni^; •"■j ,.. •■•.,1... li Dili h.». Huron TiivH, wliili ■"■giiiiig iwl Behriiig Sea wuh niinfli.(.,„i Ti-enty, iinpliedly n.liniiH it „r,„,'.| "AsttM Cbaveiiiitin. had' not yet beMi ' nttifled) the British Casf, Empuror, on .Iho repi-eoentatiqn of the CowpAny that Ap^ndi», %<•!. i, the^ would .be, injured by tj^t part of the). Convention to which wo have referred, ordered incpiiry^ J>e made into the matter by a Special ConiniiMiou. In the Pro- tocol of the CommtBoion, which was approved by the Eraperori it was decli. ud,' inter alia, that the provision of the Convention granting to the citizens of the Uhited States tite right io fish in the waters of the Colonjf; 'and to trade with the'inhab!ta'nf« of the coast, innst aot' be understood as giving them a' right to approach 'the coast of Eastern Siberia, and the Aleutian and Kiirilo Islar.cls, whieli Iiad'Ibng been recognieeid' by the othet Pow( 'Vas Iteing under 'the exdiisivo dominion oif Rtfssia, and tliat that provision only applied to the' disputed territbiy on tlip. north- w«8t eoast of Ameiigas beltween x^" 40' and ft7°. . " In consequence oCtlua doclaratiou tlie Head of tlie . Foreign Office and the Comn^issiou wera o >pi»ioR tbat iu. order tu sufegcuid the rights of the Company, oudto ob'xnato.the possibility of the 'Jonvention being wrougly interpreted, the Uussian Minister to the United StHifn sliould bo instructed.to make a formal explanatory decla- ration on the oocasion of. the extibange of (he .ratifi I inpwnpnN^p^vppip^ivippHp m!mmmi!m'iimm''im ■rn. '♦^ *'tlVoii' ilKJ rtl^«*'WHhfe''Hto 'of 'rt«i^b)4n- 'rlk^k ' M>tii' 1{;^^'^tl4' 'fondling" '^iM^rUf^* '«jiil> ' jfliisdidlUdii bf ^«y BihHoVer^B^hg' B^ • ifbi^W stfaies'itl'liis af&ft 'Mote tKaV Mam x^odX&liii^ai^'. ■ fik(l ivrtli\riimit of 2 mathie Ifea^^ to' tW lioMh' 3 : ^I'aK th^' Ji¥ti*tii»etatioii \ p. r.8— " Itappoai-s from iin examination of the coriT.spondence and freaticH that the roiisln, interior wnteis, Ac, upon nnd in which the United Slates and Great Jiritain were allowed to trade for ton ycni-s witlinut i cstrietionH, were limited on tlic west by Yuknint Hny niid Mount 6>t. Elins ; that is to say, that this right was «'strii'ti d to the coast- line, concerning llie <>« nt i-ship of wliicli tlicre ■ mny have been some po.ssihlc dispute."* ■ * • Arliflp lA'of Ihn TrenlT of 1824. nnd .\itiilc Vll of tlio " Trealy of 1825." ..„. !,■. .T (r..) United States" Case, p. OP— • •' .. ■ > " Thnt tho iMxly of water known fs llerii.K Son whs not included in ilie phroso ' Pacific Occiin,' iis used in the treaty cf lt26.' j^p Jjyn • , (ti.) United Stales' Case. p. 207 - ' '■ That Bering Sea was not indndcdin tho phrnst' Pacifio . Ocean ' as need in the treaty of 182S " (7.) United States' Cnso, p. .30i - "■Tbat t lie body of water now known ns Bcrirg Sin «n« " not included in tho phiT.se' PaciBc Ocean,' as iiscdiA ( the trcBlv of 1825." [249] G l '''. i 1 *;- ^ h ; ', i ^A 1 i 1 i i ! ^^ 1^ % Kl'UMAHY 111 UlllTIKM UkI'I.Y, A mora nxhniixtivc culli'i'tioii uf Maps ntid CIikiIh proves timt " I'Hcitir Occiiii " iiii-liuli'S Itt'liiiiiff Si-n. Nut oiio liaH bi'iti fuiiiid wliicli, linviiig rftn^ni l<> tl>'> I't'lntivu Hi/.cN iiii't iioHitioiiH (If till) imiiiuN, If) nil iiiilliiirit}' to thi< contrary. In Olmi'tfp.-tof tlui Uiis«iiiii Aiiieriniii Cdiii- |>any, tliii Kiirilf ImIiiiiiIh, wliicli lio oiilNiili' lii'liriiiK ^t<»'i», li.nti" llio I'lVcitiftOpfnii, nm«^iiii|;to lij i^ " NtHrlii-' Kiwti III <)ri>nii," iir Xorlli-IOniitvrn Srii ; tlie iilviilily of which with tlio PflpilloDcMtn in tlms (lein'onsliViti-il. *»»'• i»*> A A ■ ■ ■ • " •"■ ■ ' ■ ■"■ Ap irt fiiim tlio cviilum-o iifTurilrtl liy Maps, ami l>y tlic! jirnv^oiir* iu'KotiiiHotiM,'th:i( till- ttiihlH "i'acilic' Oconii" in tlm Tiuatit'!* iiirliiili'il Ki'lii'iii^ Si>n, tlii'daiiio is pi'nvid frmii lliii Treaties tlii'iiisi'lvcs. Ilotli, fur t"ti yi'iirs, throw open tn tile Hilliji'i-ls of the ('iiiilractiM(^ I'liwnrs the hailiiMirs 1)11 llic nortli-ivesl eiiast ; wliioli c uist is imt ililini'il liy iiilfrplvtiiliiiii clause'; iiiid Ik sliiiwn by the preliminary eiiriespomlenoe, and liy Arliele 111 iif the IS'i'i Tiriiiy, li> have reiiehed to Hihrin;; Strait. The t'lrowinur iipeii (if •I4ie Imriinni'S niisuiiies tlio riifht of apiin>iieli thereto, and refn'es t!ie Hiippositioji that Hehring Sen was closed. The in '.I lerpieiation of the ier:n " iiorlh-weHl qoast" in (!oii- teiiiioii (I .) is now sii;fj;es(ed, wilhont reasoji nsjiigned, after three other interprelatiiniN hvd ln-cii lii;eii put forward hy tho I'niled States, and aiisuertd liy (ireat Hrltiiiii, in tlie eorrespiindciice prifediiij^ the Arbitra- tion Treaty. Two of the three do not reappear in the United Stites' (JHe : and the siir.vivor which foinis Contention (4.) is that " north-west coast" in Ixitli Treaties means what is called in the Treiity of lH'2-"> tho " lisidre." lint it did iiyt mean this in the Treaty of 1H2-1 i for no " lisii-iv " is mentioned theivin, or wiis in question between the parlies. Nor in the Treaty of IH'irieonld'iioilh-westcoast" have nieunt tlii)"li,Hiere," nHtlie rii;lit to use harbours is eiirefully c.\pies.si!d to 1h^ reniproeal, and to apjily to both Powers, while the " li>ii'i(! " was (o beloii^r evcliisivily to llussia. Fur- ther, the sec'ind Artieh's of the Treatii'S bind Kussinii siibjeels iidt to hind, without iiernii.-sion, nt United States" and llritish estiiblishnients on the ''north-west coast." The abovo const iHi't ion of '• noitli-west const'' is contirnied by the usnof tholerni" north- western coast, "niaiiifc'tly to include tho east coaKt of Hehriii^ Sea, in » furiii of I'atent piR|iiirt d by theKiissinii Ciovrriiineiit, pnri^iiant to the Slave Tiado Treaty of thi- 20tli Dei ember, IKH ; and by the use of tho term " nurtli west coast" in Treaties of ruinaieree between (Irciit Hritaiii and H-'v'; !>fi • ill. h Russia, ilnte , danuary, l^i.'i 1 the lit 1. h .lanuary, •-';iv 1 ,. . ■ -■ ■ it'' *..:.; r: :^:.. -„;• IKH. and l-'th liiiit .'i;:llii !ili'' } Si:i Mil ilislil With refcieiue to the above- quoted aa.sertioiis lliat the tcnii.s '-(ii-eat Ocean, comiiioiily railed the Pacific Ocean or South Sea," and "the Ucean, i:,,n,.,\ smie.-*' coiiiinoiiiy callci". tiic P.acific Ucean," as used in the l''>''fi V- '>'^- Treaties, are .shown by a study of the contempo- raneous Ifaps, Charts, and writings ol' navigators not to have applied to or to have included Behring Sea, the following ob.iervafions may be made. The Maps and Olinrts, of which a list is given in tlie Appendi.x to the United States'Case, .are soid to prove that — ■ . ( 'olili'liliuli tliiit ;;Ti),i^l;i|ilii:iM.Xrlii'l( I'rii(('(l Sliitt'H' Ciisi', Appt'iiilix. vol. i, |i. M-t. HWmr ..liijilitr. A|>|ii'iuli.\. Mil .h(iH l|j.aiW|' 111' IlllincN Uli Mil]m II I" I uMsidiTel. I. ■•i.r • • • \ •If- Lv!iiiiliriiiiiMa)iK fiivi- ncluiiif. Sill nil disliiictivi' iianu'. t^mf •'tl'io'licKt H'l.frrnpJu.rM liavc" ut uTl (iiiitH (liHtiiiguiijJiwI ♦Viiit Ixidy hf wn'ttr frniiitlid (iciiiiii lyiiif? «iiii«li of it Ijr cftlifLiTi'ip: Ilium it Hotno Bcpiiiato iimii^-.* . . , ." ' *''<*' •;,.■■ ' '•'^•' This list (if Maps is tiic li.U iiulpsed .]ty Atr, Dlajiio to Sir Julian raiuuurotc in his lett^ of. tile 17lh Dcccinber, 18!)0, with a slatcineiit ■ . '■. . . ],•.,,(•• < • -.Ktifi' that it rL'i)rese:)tC(l — . . "II largi> ]ii'(>iM)rliiiii of the liioHt iuitl)(l of Mniis will he foiiml in the Aj)p\;ii(1ix to tliis Comiler-Ca.si", It 1% suj!ici(;i)t Jievp to point out that llip list i.s veiyi iuGOiupkli', niul that a great niiiny Map.s whiitb' should umloublecUy have lolnc to the uotiee' A^ the compiler are oinilled thiiciVoni, ;is in HOth^' easf^ Uut a< single Jijlap is quoted fmiu an Atloii (•outainin<» other Maps ao nuuked as to. Ui\ against the contention whieli it is endeavoured to luamtaii). '.'Jfeitl^er has an}- atteuti()n lurii paid by Ui^ii compiler of the list to the relative sizes of the chhracters'in^ which tlie names quoted by Hini appear on the Maps eited, nor to' the positibltjf' which these named olocupy. An exniniiiatioii' of ' these points, on' such of lie Maps'-inehaled'Mi''' the. list as have been obtained iii idenirft*!''' editions, 'sho^v, in fact,' that in a -laroi^ proportion*^ of 'instances tlie'tianies Sea of Kanitc'liatka,Wc^, ' mentioned in quoted Conteitlibns, 'are' sd'plkVi'^ti'*' as CO tfefef mwely to limited portii lis of the-TibcIy of WRter how krttrwn as'Hehrlnu; Y^cn. ' ••.»*• A list of 'Maps contaiiicd in the' Appendix^'Uv* tlii8ConnterJ€"ase, 'in tl^'edinpilation of whidlf'^ JiO'special seleetion has ! been made othei' thaiV ' that relating to their date of publiealioii,'api)ear8'* in fndt to show ' thatj- in more thart- half 'of' t4ff " autlJentic Maps relating to the periotl in' question;' ' IJdiring ' Bea 'appeared wrthou't any distim^tiW " name; • rtli''i. 1 " " ' uf*!-.; •ft'jMHVv "»*♦«} "■ 'Hiollgh desdiibed by Mr. Blahio as shciw'trijf "tho opinion of a large part of the civilizi'd ' world " during the ninety years prim- to 1825, it is therefore submitted that this dccription is inaccutate. iifjii-i \>..y<'. ji;'- '.- t'l. .'-■'•"''' It is in the Case of the United Statps further affirmed that the term "Xorth-caLteru Sea," . or "Eastern Ocean," is an alternative name for the CiiKP. i>p. 53, 3.">. botly of water nt)w generally known as Behring [249] ' G 2 I hill., vol.i.p, 94, : S-) V.1" '"It ,'. H't : . ' UiiitiHl Stfttcs' ! [ lii ■ jfi ^i f i i AhIi; p. II, ■l.v C^Mo, p. 28. 44 Sen. It IB neceuary on the part of the United States to asflume this position, because of the mention made of the " North-easteni Ocean " and " Korth-castf^rn Sea" ia the first and third Charters of the Russian-American Company, in which thexe terms are employed in defining the field of tlio operations of that Company ; and the use of the terms mentioned in tiiese Cliartcrs is referred to in the Case of the United States ns supporting tU contention. But on turning to the correct trans- lation of the Charter of 1799, it will be found that the Company is — " to onjoy the prutits of till iiidiiHtrii>H and cHtiibliah' mentit now oxlBting on tliu nortli-easteni coa«t* of America, from the aforefwid 55° to Bohritig Strait, nnd beyond that Htrait, aa well as on thu Aleutian antl Kuril f hloHih, and t/ie other itlandx littuited in the S'orlh-Kontem Ocem." In section 1 of the third Charter, the Russiaiv- American Company is referred to as being — " i!Rt4d>liBlied for trading on the continent of Nortli- Wcatcm Ameriun and on tho Aleutian and Kurile Ixlanda, a« in every part of the North-Eastern Sea," Ao. • The above quotations are destructive of lh« conclusion endeavoured to be established. It is evident from lx)th passages that the term " North- Eastern Ocean " or " North-Eastern Sea " was employed not as :i special designation of Behrtng Sea. but .as a synonym of Pacific Ocean. The Kurile Islands are in the Pacific Ocean, btit wholly outside Behring Sea. With regard to the alternative tenn " Kastern «■ KbhJoiti Ocean," two authorities are quoted in the Case of the United States with the object of shoiving tliat by this name Behring Sea was indicated, irnitfti SutoH' viz., "Coxe's Russian Discoveries," nnd a globe ^""^-P-S' by D. Adams, London, dated 1797. For details p.'jcli) I''"""""' • respecting these, the Appendix to this Counter- Appendix, vol. f, Case must be roi'erred to. It may here be stated, •''' '^'''' '^''*'' Ikowever, t hat in Coxe's work, " Eastern Ocean "is again found to be a synonym for the Pacific Ocean, ami that the names upon the globes published by Adams do not appear to throw any light upon the matter. . j .j^^^^^.^ : From the notes given in the Appendix, the Iliia., pp. loa, 104. meaning of the term "Eastern Ocean" (which though comparatively seldom used, is to be found on some Maps) is clearly shown to be synonymous with t^e Pacific Ocean. Attention is particularly ,. J,;, ,;.,,, • Seep. 11. 'Norlli-KiiHlcrii Sen III0RM8 I'ncifio OfCHIl liy inrhiwoN of Kim tliweiii. Ooemi " iiiiMiin Oeenn. If w ■ I DritUh Cue, Apptwlii, Tol. iii. >• United StotM No. 1 (1891)." pp. 88, 89. Bin $ai gulfs are none the leu part ofthemainBeafor having a specific alB^ 1.9; Bay of Biscay and Qnlf afLroDi. Appendii, Tol. i, pp. 86 et tq. BritiBh Case, Appendix, tcI. ii, Part III, p. 4. ICommander Islands are described in the treaty of 1867, as in Pacific Ocean. drawn to the several Bauian Mapa there enu< meratetl. Any argument founded on the une of a par- ticular namu by geographers may be conclusively answered by the following quotation from Lord Salinhury'd despatch, dated the 'ibt February, 1891 :— " But I am not prepared to admit the jmtiee of Mr. Blaine's nontontiun thnt the words ' Fat'ific Ocean ' did not include Behriiig Hea. I believe that in common parlance, then and now, Boliriiig Sea was and is part of the Pacific Ocean ; and that tlie latter words were used in onier to give the fulli>st and widest scope possible to the claim which the British negotiators were solemnly recording of a light freely to navigate and fish in every part of it, and throughout its entire extent. In proof of the argument that the words ' Pacific Ocean ' do not include fiehring Sea, Mr. Blaine adduces a long list of Maps in which a designation distinct from that of ' Pacific Ocean ' is given to Behring Sea ; either ' Be'bring Sea,' or * Sea of Kamschatka,' or the ' Sea of Anadir.' The argument will hardly have any force unless it is applicable with equal truth to all the other oceans of the world. But no one will dispute that the Bay of Biscay forms part of the Atlantic Ocpan, or that the Quif of Lyons forms part of the Mediterranean Sea ; and yet in most Maps it will be found that to those portions of the larger sea a separate designation has been given. The question whether by the words ' Pacific Ocean ' the negotiators meant to include or exclude Behring Sea depends upon which locution was esteemed to be the correct usage at the time. The date is not a distant one, and there is no ground for suggesting that the usage has changped since the Anglo-Russia Treaty of 1825 was signed. The determination of this point will be most satisfactorily ascertained by consulting the ordinary books of reference. I append to this despatch a list of some thirty works of this class, of varions dates, from 1795 downwards, and f ' ' ad in various couutriea^ which combine to show that, in customary parlance, the words ' Pacific Ocean ' do include Behring Sea." The list referred to in the above quotation- has been greatly increased, and is printed in an Appendix to this Counter-Case. The special attention of the Arbitrators is invited to the language of the various authors cited, which leaves no doubt whatever but that, at the date of the Treaty, Behring Sea was, as it still is, regarded by geographers as part of the Pacific Ocean. The language of the Treaty of Cesidon of Russia to the United States in the year 1867 is entirely in accordance with the contention of Her Majesty's Government; for in that document. i * ' K I I. *.i.l ,~ ! ft I ! ,, . I! 4« it pill be.f(nii\(l that ■ till*. OitmniniMlAr. ImUiuU «i« prupi'ily di'sciiiicil an l)('iu;» in llic I'lirifu ()rouii>' ^11 iittfiiipt in apitjirontly itiiule. in (he coMr of the,, VniUHJ SlatPH, to . supiiurt ih(> theory UuU B^^iriiig. >Sf,a is a Ixxly of wiilcr.diHtiiict in iU naV"'^'^ > 'i^"' ''^*' l'*('>t>o OouAji, l^y-tliL' .leriiiH in which llu- );f(>;{rnphicnl Kkctch ot' thin ni-h nni sti out, ill iho^ opening ])ii){(m. 'i'li« ^po>!r^phi<'nl sketch tli(>i'o.|L;iven, tiiow^li Innuf, iH, ii In sub* mitted, csaiMifiiilly niitthading in itH ohmiiHcr. 'On p. i;» (if tliR Vnilcfl Sfatp.s* CiWf, the Uniird s»nio»' Pi'fiiusula of Alaska is desi'iilipd, rtpprtrcntiy foy '""''I' • the ftinpli' piirposi' (if statin r (hat in it there are — •• linv-lyinj;; iiinvuliy (Jf"!'" "■I''<'^' f"'"'" pi'Vtiij^cH uniiI l>y ' . tlio niitivcs (or i-nrrvinj; (hcii- ImnN nrroMH /ivm tfie P,i,ifir 0,;;n, to Ihl-tol /hff." ■ ■ " :'■ ' -■; "' '" ' 'As authority for tliis slatoineni Uia-hisi" "Oeo^^raphic, " vol. xv, p. 201, in cited; but, oi) turniu},' to I' is work, wc find that, tlic pjwsaj^*^ thus. paraphrased actually reads as follows : — V" T ... ■ " . . . . Li'H iiuiiitiigiK'H p<''iiiiiNiilin'i'i'H du I'AluHkti .... Mont coupi'eu tli; distioici- cii diHtiilicc par ilcii Hi'iiilij iri'M liiiK, doH portngcM — iii Uhwhci ' pfrouosHi ' — ipU' 'cm batiliiTK pratiijiiuiit vn ritol jioni- Ir trunnpurt d{i{ X...J I ii' >Kra|iliii'iil Mkt' in I 'nitcd Slati It'll <>l II, -■(•n-. .1,, linii^'S,, i'i. II, the main body of the Pacific Ocean, it is further' stated in the .sketch, with rofetciico to tile Aleutian I.»l'inds, that — ■ ' ' ' '• '■ the stiaitH or patitii-.H Re|unid4nfi; ibu ixlanda itM i»f varidiis widtliH, thoHi' in the eaHterly half Ixing generally uarrow aii>1 liiil few ef llieni nvailalile /or navipitfon, 'ni(> iiicist iniport.iiit are I'lii'nialc \'nm, 11 niiliH Svide,' inul .Vnniktn «>r ' Seventy-two " PanH, 42 iiiIIih wide." >: iffii'/txi 'Ai- tiuiRijuith "ifli i'» ooniHjjA : This ajjfain is niiHleadin<». ' The largest of the Alenlinn Islands are near the coast of America. In proceeding westwards they become smaller, ami the openings between- them wider, until they end at Attn Island, GOO miles from the extremity of the Peninsula of Kamtchatka, and 370 miles from the nearest jiart of that land. In the Fox Islands, forminff the ejis^frn group of the Aleutians, there are > /J lllh«t iBi^*l w ^ ^^^■^-■■p^pr ^^ ;'•>•'?. '♦•••»' t^*" ;.'*••• (■ ■»'<'*j . ««m< t:ttiici,' 'i 'M ^ \ ' - ■ Idl'l.lliill iiiili N 1" twicri \Vi>.|iTM I'liil c.| KnX IhIiiIkIs iiIkI inllNtiir Asill (Willi- Ml',1. I r.i.iiiiiii.iiii'ii I Tiviitic: >!' 1."<-Miiii.l Tiiatv mI i,s2l siiiiiiiinii/.cti. tmfy li few ilVaitH, lUie .m<)M impixluiil UMi»^ th« Unhnak, il 'niDet wide; bilt Akiituii 'mtll WiialKrt'rAMii^i'ai^ nlko nn^i^iiblb. -r.ui.. ^i/lii- fi)llnwiii}{ i^ a list, of the opcnhigji i'utt/ Hfhriiijf Srti!— 1^ 1] Ii'»*i(ii7/ lifi*'it m •'>' •***• UiiiniiOc I'liHH M, h*^' Akiititii I'likK I^MIll^ll I'llHH Uiiiiink I'hm . . , . .. AiluKiikli IhIhikI ( wnnlciii of If'ox IhUikIk) to Kii^niiiil Islund , , , , Kiiguiiiil Ulitiiil tti Cliii^'limiliik IhIuiiiI (J ii|ii'niM^'s) . . , . . , . , ('liiiffiliiiililk IhIuiii\ III Viiimiikii IhIiimiI YiuiHNkik IhIiiiiiI to Aiiiiiklitit lulniiil ('i opciiiiiKH) Amiiklilii i'liHH, . ,, ,, ,. ., tSi)(iiiiiii I'uHH , , , , , , , , ,, Aiiiliit Inliiiul til Alkii Inlniiil. . ., ,• Atkii iNliini] ti> liinni{ii Isliiiiil (Ooponin^l. , ' iHiiii^n IhIiiiiiI tn llliikli Tnliinil lllnkh Uliiiiil tu UKulitkli iKliind Aiuati^niik IhIiuuI t>> Amcbilka InIkihI Anu'liitka iKlitinl to KyKkii IhUiuI (!) niHMiiii^N) Kyxkii ThIiviiiI to liotiMii- Islnnd liiiuldii- IkIhh ' ,1 Somitclii Ulnndfi . , .. ■Soiiiilclii IsliiiiilM to Attn iHlami Attu Uliiiul to Clipper Igliiiul CoppLT IkIiiiiiI til llclii'in); li' sea area comprised in the Ukase of 1821 was, from' first to last, without e.xception of Ueluing Sea, the subject of the negolialion.s resulting in the Treaties of 1824 and 182.'); and having now shown thatj by the usage of geographers, the term " I'ucifie Ocean " includes Behring Sea, it is of importance to examine the Treaties themselves. The first is that between the United States and niiifsliCttse,p.52. itussia. By Article I, it is agreed that in any part 1 lie iirinul text ' . . • ' is in pendix, of the Pacific Ocean the citizens or subjects of the' vor 11 i»nrt TIT, ^^^ Towers ar« not to be disturbed in navigation or fishing, or in resorting to the coasts, on unoccupied *\ h .,1 1 .;:■,'' 4 ■■■"■'.' 'lli I 4S points, fur the purpose of trading with llie liutTea. By Article II, United States' citizens are not to resort to any point where tliere is a Russian e«tabUshment, without pennlssion ; nor are Rus- rian subjects to resort without pcrniissioii to any establishment of the Uaitecl States on the north- west coast. By Article III, establishments are not to l>o formed on the north-west coast of America, by United States' citizens to the north, or by llus- siaii subjects to the south, of latitude hi" 40'. By Article IV, during a term of feu ye.irs, tlie ships of both countries may reciprocally frequent the in- terior sea?, gulfs, harbours, aiul creeks upon the •'oast mentioned in the preceding Article, for fish- in;,' and trading with the natives. Tiio efluct of Article IV, as far as United States' citizens are concerned, is that they may for ten years frequent the interior seas, &c., on that part of the north-west coast assigned to Russia. The liberty to do this assumes that the outer seas, which afford aocti?s to the interior seiis, are not close after three other interpretations of the term in i dispiite had been put forward by the United States ' in the correspondence preceding l,he Arbitration ' Treaty, and answered by the British Governmem. In a despatch to Sir J. I'auncefote, dated the ' 30th June, I8S)0, Mr. Blaine criticizes the Treaties ■ of' ISit and 1825, and saj's it is "plain" ihat they : If •• iiortli-weiit cuast" itidiulK. lii'iiriutf Scii coast, licliriii!; S<'aiii in I'licilic Ocwiii. "Norlli-wc'st I'liiiKt" wiiNii.S(ultlir»ii;li- niit |iiviiiiiiii!irv iK';?iitiiili(iiist(iiii. c-liilo (•(ciMt IVoin ricliriiiit Stiail t. I itituilf :i\' nortli. 1>( liiiiliiiii ill Coiite'iitiiiM (1.) |ii„. ! ii'li'il tiriiT tlii(><> oliins Im(| lii'c;i iiMs\v("i-i'«l ill ciMrrs|iii|iili'ii(f. On tlx' liOtli Juiif, \H%). .Ml. Whm tliii\ij.>lit it •• |>lniii " til it "iiiirtli- wi'.st uoiist " was (iiilv IVuiii .'ilf 111 (10" iiiH'tli iittitudu. British Cane, Appendix, vol. iii. "United States No. 2 (1890)," No. 497, p. 504. Butoiitlio Ktli December, 18!)0,hi> i„,ye.lcigl.tn.on"ilegreea Ibid., ' United ■ -- States No. 1, ' (1891)," No. 37, p. ;18. I'.iiit.iitiiiii (■») !ii>_iij« "^iiortli-wofit iniist" tii tin' "lisiere " ns detiiied ill Tivaly of 18i'."i. Jut the •• lisiti (■ " Ik ii;)t nioiitioned in Tii'iitv (if 1824 ; nor had its tiiiul limits' lifL'ii j)ioiio8od ;_ and nego- tiiitioiis fi'i' I'l'^aty of 1825 had bwu suspeiidt'd, 49 both limited the " north-west coast " to the coast between 50" and GO" iiort^-. latitude. But iu another, dated the 17 th December, 1890, where he discusses the meaning of " Pacific Ocean " and " north-west coast " at length, observing that the dispute as to the former phrase " prominently in- volves " the meaning of the latter, he contends that " north-west coast ' means the coast from 42" to 60'' north latitude. Neither contention has been thought worthy of insertion in the United States' Last The remaining interpretation has survived in the form of Contention (4.). The coast-line therein referred to is plainly the " lisi&re " defined in the Treaty of 1825. This is the narrow strip of coast from SG" north latitude to the point of intersection of the 141st degree of west longitude. But that the words " north-west coast," its used in the Treaty of 1824, do not mean the "lisi^re" so defined, is evident from this one consideration ; that the limits of that '' lisiisre," finally iidopted, and embodied in the Treaty of 1825, had not even been proposed when tlie Treaty of 1824 was signed ; and all negotiations between great Great Britain and liussia had been suspended. This Treaty bears date the 17th April, 1824, and naturally contains no mention of any " lisitire." A " lisibre ' had been under discussion between the British and Kussian Governments,', of which tlic boimdiiries were from time to time variously defined by "pro- jet " and " coutre-projet " ; but no one of these definitions had taken the shape fiiuUly agreed on, even as late as the 8th December, 1824, when Jlr. (t. Canning wrote to Mr. S. Canning as follows : — n 1 ! 1 1 ' ■ 1 j i |: : \ ■ 1 i i''l [liroat Britain piopoHes to adopt *" ^Ve are oontoiit alHO to asHigii the poiiod of ton .Utiili' IV I'i' Anu'ricau Treaty. years for the *yci/)/'ocii/ liberty of aeeeHS and coninieroe Hill' its mii'rooil liberty of accoss ,^,7/, ,,,„./, „,/„,^-,, terntorles, which stipulation may be best liiiiiivtll-\ve>4t foaNr. ^ . 1 • 1 • ..1 i i' \ 1- 1 i\-" 1- it British CVse Htiiteil precisely 111 the tonus ot Article 1\ ot the Appendix, vol. ii, Auiei'ioan Convelitiou,"' I'lut J. p. 7t. iHiit till' •• lisieii' " was to belong t< HuKNia. Thi shows that Mr. Caiming did i\i)t understand the term " north-west coast ' to be confined to the •' lisiere," the proposals relating to which had one unvarying condition, namely, that it was to belong to Kussia. Had the term been so con fined, the careful provision of Article IV, that " the ships of bi>t/i Towers, or which belong to their citizens or subjects resjwctireli/, may ri'dprncalhi frequent, without any hiudrance whatever, the [249] 1^ ^^■HW «?i^ffww «; so iulerior soa.s," ^'c, bci'omes iiK'HiiinglosH as far as any adviiutage to RutiMia is coiiccriicd, Further, Article II concludes iIuih ;— " l{oui()t'uuully, tho tuibjoiitH ui UutiBiu uliull luit nmort, witliuut pi'i'iuissioa, to any ettiibli-ihinent of the Uuheil Statin upon Ifw noiih'Wf^t rotmi." Passing now to tho Treaty of 1825, Mr. Blaiac, in tho despatch of the 17th PecemluT, 1800, above mentioned, savs : " I (Hiotc till- lii-Nt Arlicli'N (if each 'iVfiity. fur, to all iiitciilH ami |iiii'|KiH<n at any Brilisli cHtalilishtniMit on the iiortli-woBt ciiii»t." Therefore, " nortli-wesl eoast" here, too, ciiunot mean the *' lisiere." Article III, in the original French, begir.« : — " I,a lignc lie (leniarciition onti-e lew jHiHsesNiei ilis Ilautex I'artieBt ■ontraetiinteH Nin' In eelc lin cdminent et les ill's ile r.Vnii''rii)Ut' noril-nuest, w'ni (riiii'i' aiuHi tpril suit : "' The line is ihen deiined. ll runs from an initial point, described .as liehig sitnaled in ."• h' M norlh latitude, to (lie Arctic Ocean. Article t\' defines the boundary between the narrow strip i;'enasl already referre-! to ;i>i allotted to Russia and the Hritish pt^fsessions. Tli(> strip is descriiied as - ••la liNiere ile I'l'itr iMentieiini'i' ri-ilrssiis ccininii' i|r\;nit apiiiU'tenir I'l la Knssir." i Articles V .and Vf l.oih distingni^li lielwi'cn " cole" and " lisiere." Arlii'le Vn iloseiy eorresponds with Arliele 1\' of llie lir.st Treaty, being, as .Mr, lUaine .says (l;ere agreeing with Mr. Canning), " [)riictically a repeti- tion" of ll. According to Contention (i.), ilie right ^iven by both Art ieles to freipient harbi)wrs refers, not to the wliole coast mentioned in Ariicle Further, Article IF u| \,,„.. Treaty giv.. |(„.,„.„ :;;j;^ nientu "ii iiertli-wem iniiHt, ' :>• I if,j"l I Mr. lllaine says fust .\iili'|«Kiif„.,i, HI i • 1 ■ ' 'It'll Iroaty are nliMticnl, Ih'itiHli CiiNc, ]>. 5M. Kor tho oi'idcinnl (I'.xt, Bt>o Appptidix, vol. ii, I'lirt HI, ,.. a. Ili'ilmli ('am'. A|i|)i'iiili\, vol. iii. •• liiiid'il Stilti'N ' " ' No. I (ISStn." |>. .'tH. Tln'reliiri', if nni' inilinii.N I!,.!,,;, Sea. illi' iillli'i' ill,,., inii(t Al'tiole II 111' 182.5 'l'niil_vN|'i.iili,„| I lirlliKh I'staliliHlniiriilK 111! "riiif|||. wi'slcoast,"pr>iviiijj,lli;ii iliiii,'i,i„i wiiK not riintined tn tiu' "JiNiiVi.; •■1 .Mr. Hlaine ajirees willi Mr. CaMiiiiifj that Artiile VII nf Ihiiish Tmiivf is •• |inii'tii'ally m rr|ii lilinn " .tj Arlii'le 1\' 111' An'.erir.iii Trratv llritisli CiiKi', .\|i|i('nilix. viil. iii. ■• Uniti'it SInti's Nil. :: (18VK))," p. .'.04. Mi.'Kiiii'ti'' 1,1' •• iiiirtli-'vi'nl I'oiiNt " liiiitiiiii ii^Ti'cH Willi I'dMsll'IK'dnll. ^Ilivr ,i.'i"i-oiitv i.r \M]. SI III, but, to |tlio " lisi^^l'." Hut the word uHCfl in i^rliclc Vll is '• lolc," not " iisifeni " ; and tli« cllecl oil Vntfiilion (•!■.) iHlodoHtroy the luciinocul clmnic'tcr oi' lliat Arf.ii'li'. lle<'uiTin|]{ to tlie expreHsion " norlii-wpst coagt ' or " iiorth-wcist, coiisl of Ainerii-ii, " it is rarely (li.it the fixpression in citlifM' form is found as u fjeoyrapliifnl (orin, or (hat its precisf .siguiiiciitiou HriiiBliCiiNc,!). (1(1 'is Hpi'ciiilly dcdiied in words. Ono in«tan(!e in ""'■ tlic definition ;.,'ivu.''. by (Irecniiow, iind quoted !it [I. ('.(1 of I lie Urilisli Case, whioli corrc»pond« • precisely with the position maintained by Oreat Hrilain. Tlie t(!nn is not often found on MapH, but a Homewliat extended examination of these has result 'd in th(! djseovery of a few instances of its use, at dates bt)tli before and after tlial of the Tr(taly of 1H2'». J'Vom an inspi;etion of tiiese Maps, it is (piil(! ajijiareiii I'lat llie exprt jion was enii)loyod in a veiy lax and i;eneral sense, and \viti\ont precision of meaning in respect to lines of lalitu(h( and l(jiiji;itude. ,, Moreover, liie words " Norlh-wi'st, coast of America" will l)e found in the following instanuos to have been used by Kussia and the I'nited States for the pur})ose of defining international relations under cirDimstances whicli make it evident that they were iMid(^rst(iod by the Contracting Parties as inohuling the eastern coasts of {{(fining Sea. I'\u' instance, by Treaty of the 20th DcocTidjer, 1841, between Great IJritain, A\istria, France, I'lussia, and Russia, foi- the suppression of the Slave Trade, it is i)rovided (Article IV) that — .\|i|ii'iiili\, viil 11)1. 10.'. lost. HlTtslpfH Cniniiicirial 'riTalii's, VI il I.. 5. Ibid.. 19. lliiil.. |i. !».'i(l. "ill no ciiHi' nIihII the iiiiitiiid rifj;lit (irMciircli he (•xeiciscd upon till' shipH of witr ul'the High (Jontrnoting I'nrtieK." Ity .section 8 of Anne.x ^it) lo that Treaty, " liistrnclioiis to ( 'riii/.ers," this e.x'emplion is ex- tended to vessels of the Hussian-American Com- p.'iny, and siicli vessels are to have a Kussiaii l*alenl, " which shall prove their origin and destination." The form of I'ateiit, which is set out in llertslut's Commercial 'JVealies, recites Ihi.s section, and proceeds: — " Kpon this f;T(imiil the AdininiHtrntion of the niissiaii- AiMi vif^iiii <'niii])iiiiy, heiiijjf iiljont In diH|iii|eli their sliip naiiied , liiiilt in the veiir , of liinnnge, niid eoniniaiKled by , - I to the .Vo/'i/i- II Vn/cni rnnul of Allierieil to the eohilliiH i'; / ' t -i. tl '■r L24!.j II 2 , 52 si^ttled tliere, with tho right to enter all porta uiul harbours, which necessity may require, considers it coii- Ibrniable to tho above cited Article of the Instnictiom that besides the patent authonzing the hoisting o''" tho Kussiaii flag by merchant-ships in general, tho said ves- sel of tljo ( Company should bo provided with this special patent to seciu'e her against the visit of the cruizers of the Contracting Powers." This is a document prepared by the Russian Government •wliich, under tlio term "North- westftrn coast," plainly includes the eastern coast of Beliring Sea ; for if not it must have been intended that a vessel bound for the eastern coast of that sea was not to have a Patent, and viai to be exposed by its Government to tht; risk of rfearch, though the Treaty authorized its exemption. The Treaty of the 11th January, 1843, between Great Britain and Russia (Article XII) says — In this Treaty, "Nortl includes coast of i-\vcKti.n\f_'n,),f Ki'liriiig Sea, Herislet'H Commercial ... Treaties, vol. vi, " It IS tnideratood that, ni regard to commerce and ,,_ 7(57 navigation in the Kussian ))0Nse88ions on tlie iiorth-ireH coast of America, the Convention concluded at St. Peters- burgh, on the 16th (28th) Febniary, 1825, continues in force." The presumption is strong that " North-west coast" in 1843 meant exactly what "North- western coast " meant when used by Russia in 1841. - 'J'he Treaty of the 12th January, 1859, between Great Britain and Russia (Article XIX) says) — " In regard to commerce and navigation in the Rus- sian possessions on the Xortli-Witst Coast of America, the ('onvention concluded at St. Petersburgh on the llith (28th) Febniarv, 182.5, shall continue in force." Treatvof I. si,",. Ibid., vol. X, 1>, 1063. Treatvof 1S,')!1. By Article XXII this Treaty lasts for ten years (therefore till after 1867). It cannot he denied that subsequently to this Treaty (as well as Ijefore), and down to the year 1867 (tlie date of the cession of Alaska to the United States), vessels carrying the British Hag were, without let or hindrance from Russia, navigating, fishing, and trading in the waters of Behring Sea. Further evidence that no distinction was drawn by the United States' Government between the coasts of Behring Sea and those of the rest of the Pacifir is afforded by the Notice which is referred to at p. 59 of the United States' Case, and is printed in full in United States' Appendix, ^"it^a StuttR' vol. i, p. 91. The Notice which was published on Appudix, vol. British vesselsnavigattilHi'lirinpSeJ 1 witiiout hinrlranci' tliiinifrhnuttW | liussian domination in .Muska. llnitod StateH in f . Vntl.e bv tlu' llnitod ^^tateH ii \ltunu'- that the Treaty o Zi inchules the whole Russian. lKi4 inc ViiiericBii «"i>*'t ,uae54MO'. rth of hvti- kiimpnts cited to show Russian I assiTtions of control over Bohring Stii.prove iiouf, iiiteqmlations ex- I imugi'd. M ike SRth September, 1845, at th request of llussia by the United States' Governmeut, is as follows : — '* 'i'iio Htissian Minister at Waohingtou hiM informed the Secretary of State that the Imperial ( rovernment, ilesirouH of affording official protection to the Kussiau ton-itories in North America against the infractions of foreign vessels, has authorized cruizers to be established tor this purpose along the coast hy the Russian-American Company. " It is, therefore, reconnncnded to American vesssls to be careful not to violate the existing Treaty between the two countries, by resorting to any point upon the Uussian-American coast where there is ii U«ssiai>][cstab- lislinieiit, witiiout the permissitm of the (lovcruor or Oonunandcr, nor to frequent the interior seas, gulfs, harboure, and creeks u))on that coast at any point north of the latitude of .54^ 40." It is clear that this Notice was not intended to apply only to so much of the Russian-American coast as lies between latitude 60" or latitude 50° 30', or any other particular point, and latitude 54° 40'. Its real object was to remind the subjects of the United States of the provisions of the Treaty of 1824 which restrained their right to visit places on the Russian- American coast where there were Eussian establishments, without the permission of the Governt>r. The Case of the United States further invites attention upon this point to — " the express declarations of tlie Russian Govemment on the subject during the negotiations, and after tlic Treaties Iiail been celebrated.'' Two quotations are given in this connection from the correspondence of the Russian-American Company. United States' 'I'ke sense of the first quotation from a letter Case i)p. 53, T)*. from ^\^Q Russian Minister of Finance to the (^ "or revised trans- „,«,,,.. . ^ lation, see Appendix, Board of the Russiau-Americau Company of the vol. i, p. 26.) igtij j„jj, ig22, is seriously altered by an intcr- l)olation : — "Tlic Rides to be proj)oscd will probably imply that it in no longer necessary to prohibit the navigation of inicign vessels for the distance mentioued in tlie Edict of 4th September. 1821, and tiiat we will not claim jurisdiction over coastwise woters beyond the limits accepted bj' any other Maritime Power [for the whole of our coast facing the open ocean. over alij ixierior waters, however, and over all waters i.vllohed by Russian territory such as the Sea of United States' Case, p. 5.S. fPW ii f ir I U «>KiioT?sK. IlKitixu Ska. Pit TiiK Ska ok Kamchatka, AS WEUi AS IX ALL OUt.yS. HAYS. AND KSTV AHIES WITHIN Ol'R I'OSSKSSIOXS, IIIK UIHHT TO TIIK STUICTKST CONTHOL III ^(i"/i»'! Ii ijiii I I" Mic.n'l '(It !• J -ril<.i)l">I>iiU> ■ -iif.l !-> rfh'.f, '■ WILL ALWAYS HE JLVINTAIXEI) il)]." By the introdintiDU of tlie words " facing the open ocean," and tlie addition of the concludinij; sentence, a passage which completely supports the view of Her Britannic Majesty's Government, has become the foundation-stone upon which the contrary argument of the United States is based. The second quotation in support of the United Uniied StattH' X li. f-i "iff .-, , .... , T» <■ 1 t iisi', 1)1). ij-t, 5.). otates contention IS t»'ccn troni the Keport or the (Forrovisi'dtmns- Committeo which considered the effect of the l»t>o"' **'^'',-^.P' , , pciulix, vol. I, Treaty between I'usHia and the United States, p. 34.) Tliis has been already dealt with at pp. .'13 -35 j and it is only necessary liei'e to repeat the opening sentence of the cpiotation with its interpolations:— "Since tho sovcroig'iity nf Russia nwv thu mIkhos of Siberia [AXn Amehica], as will aK over the .Moutiaii Islands [axd tuk ixtkrvexixo si'.As] . lias liiiig wiin'c buuii ackuowleilgod by all Powers."' ,,. . The passage read without ih^ interpolations materially helps the Bi'itish contention. From the facts and argument advanced in this chapter, it is submitted that it is established — ((/.) That the Conventicms of 1824 and 1825 declared and recognized the rights of the subjects of Great Britain and the United States to navigate and fish in all parts of the non-territorial waters over which the Ukase purported to exteml, (/>.) That the body of Avater now known as the Behring Sea was included in the phrase "I'aci tic Ocean," as used in. the Treaty of 1825 between Great Britain and liussia ; and (c.) That the constructions placed on the term "North-west coast ' or •* North-west coast of America" in the ('ase of the United iStates are unsountl. Couelusiolis, ..'f .ill'*-- 'j.'i <" ^ilJ "^WKin*! 1i, iMMjiH l»>ii) nti Htilae nut Will- ''(•tl'i fl*V,l 'l >r i(i»le M '^("•■•i •'■■''' 'II ;'OHjriimt-; i ■ i ..v.-.Mii iiiHl I'.uil •■ ' »«r HiaiM.-i 'Fill tiiiii »■ - !^ CHAPTER IV; • . n.ri. .i"f- .'if. Hkad (D). — The user (if' tln> Waters in qmstion fnm l%iXto 18U7. ■ ii:'! ' • ' . 1! -.ii- 1 -II. '-.,'. V . ,.: ■..<.■ >i "■"-■ III '■id' mj ''■*"'"'' TiiK Unitkd Status' Com ENTiciNs. ''•' ; ! "•I : (\.) United Stati'ii' OaHe, p. 40— ''The Pribiloff IrIbiuIn, the liome of tlip Alaskan uriil liei'd, nru situated less tiiaii 200 Italian niileH from the Aleutian C'liaiii on the Honth, and tlius a NuHloicnt portion of the ensteni lialf of Hfriiig Sen was eovcred by the Ukase to enable I{nsaia to protect tlio herd while there." (2.) United States' Case, p. .")" • " The burden is thus placed npon flreat Britain to show that this jurisdiction, recognized in the year 182.") to exist, has been lost. It is not claimed that it was exercised for all purposes. Russia nevei' sought to prevent vessels from passing through Hei'ing Sea, in order to i-eaA the Arctic Ocean ; nor did she always strictly enforce the prohibition of whaling within the ♦ distance of IdO miles from its shores ; but. so far as the fur-seals are concerned, it will be maasses of the Aleutian Islands; and that for the enforcement of this pin- hihilion eruizers were employed in patrolling that sea so long us it remained Kussiiui territory." , ■.,(. ;^J' H If! ii 56 Summary or Bbitirr Ripi.y. Tb« harden c»nno( lie on Oront Britain of proving th»t a jnriadiotion never acquired by RuHia, or recognized by other nations, hax been lost. Ruaia showed no forbearance in not patting a itop to whaling. In 1846, her Foreign Minister wrote : " Wo have no right to ezolnde foreign ships from that part of the groat ocean which Heparates the eastern nhuro of Siberia from the north-western sliore of America." By the Treaties, Russia did surrender her paper claim to th« itxclnsivo control of trade in Behring St-a. The ('barters afterwards granted to the Russian- Americen Company, like that which had been granted in 1799, only purported to give this Company privileges to the oxclnKiim of other Russian subjects. No Charter but that of 1821 affects to exclude foreigners. The great source of that Company's wealth was not the fur. seal, which was formerly of Icns value than the otter, There is no evidence of the oxclnsiou uf foreign ships from Behring Sea, or from seal hunting therein, and the only evidence adduced that Russia directed such au exclusion consists of the interpolations, now with- drawn, of a translator in contemporary doonments, The above cited contentions on behalf of tlie United States assert in effect that the jurisdiction of Sussia over Behring Sea was consistently and specifically exercised for the protection of the fur- United States' seal fishery ; and that the object of the Russian ' Government in the alleged exclusion of Behring Sea from the effect of the Treaties of 1824 and ibid., p, S9, 1 825, was the protection of the fur industry. The British Ca.se has already dealt with the \iT\iinh Case alleged exercise of jurisdiction by Russia over P- ^^• Behring Sea, as a matter of fact, and as regards the alleged object of that jurisdiction, viz., the protection of the fur industry. Reference must be made to the documents mentioned in Chapter II of the British Case, where it is shown that the purpose of the Ukase of 1821 was to prevent illicit trading, and interference with the trade of the Russian-American Company ; as well as to the facts fully set out in Chapter IV of the British Case, which show that, both before and after the date of the Treaties of 1824 and 1825, foreign vessels habitually frequented Behring Sea for the purpose of exploration, trading, and fishing. The instructions sent out by the Russian Foreign ibid., pp. 84, 85. Office in the year l846, are aloixe sufficient to negative conclusively the present contention of the United States upon this point. Not only was the limit of 100 miles, which it had been endeavoured to establish by the Ukase, not enforced J but, as appears by the inBtnjcrtops, Contention that Runsiii exercised I jurisdiction in Belning Sea for | protection of seals. >4^ y United States' Cue, p|>. 30, 40. Ibid., p. 40. Ibid., p. 41. 1 ji, 1822, the Rtii-otter wm more im- portant than the fur-scttl. f.'j'iti)'; liiiir .V.'. .., ....... ,7;-,J,l f(|i . ..jv, [r.t^yjtllji /mikXIlH a ■ . ••: 'it tivoivA "'""1 it WM not Gont«mpl»ted to prohibit ^h« approMb of foreign veoMls, or to interf«re with them in any way, beyond the recognized limit of 3 mileit from the shores. It is further asserted, on behalf of the United States, that " the reason why the limit of 100 miljBH was chosen in 1821," was that this limit would "secure to the Bussian-American Fur Company the monopoly of the very lucrative profit*" carried on by them. It is argued that, as the FribylofT Islands are situated less than 200 Italiaii miles from the Aleutian chain on the south, a sufficient portion of the eastern half of Behring Sea was covered by the terms of the Ukase tu enable Bussia to protect the fur-seal fishery. ' It is true that in the conversation with the Qovemor-General of Siberia, quoted at p; 40 of the United States' Case, reference is made to the " very lucrative traffic " carried on by the Kussian- American Fur Company ; but it must be noted that the trade in fur-seal skins was not the sole, or even the most considerable, item in that traffic. The sea-otter was still the chief object of the hunters and traders at this date, and had con- tinuously been so from the first. It commanded a far higher price in the market than any other skin. The traffic also included foxes, martens, beavers, bears, and other fur-bearicg animds; while the fur-seal skius, though obtainable in .large numbers, commanded only a small price. r,. Cook writes of the Bussians met with by him in 1778: — k'^^l-rub -rtv ,1'jiJl' lti'f)•>»T9t8ix^ ytui ' 'M Cook's" Voyai vol. ii, p. 609. • il !.'■ . .1 < '.fiHnt )it)l;)ir ,.!:;: . 1 i.-.rH '\tj erttUih'rf-} o'/. Coolt's" Voyage*," " 'I'lieir grent object ia the sea-beaver or otter. I iiuver hear them inquire after any other animal; thongh those, wlioso skins nro of inferior vahie, ttve also made part of their cargoes." Beferring to a later date, contcnmoraiieous '"with that of the Anglo-Bussian Treaty, Et^ncroft writes : — Alaska, History of " In 1825 fur-seal skins were bartered in tbo Sand- P- "^' wich Ifllauds by the captaui of one of the Company's ships on tho biwis of 1 dol. 7$ c. per skin. This seeios »u extravagant pnce, when, as will be remembered, the price at Kiakhta was only d to 7 roubles in script (1 • A misprint for "traffic." Appendix, vol. i, p. 35. ' - [249] Sea United States' Case, i is ,'!. % > V^M)H|iftirii-#(Mu fr*Utt ge(L At Mo vo ^ ArkliaUgiiUilc'hvikk '^Aittfai-idHil<»iktlililiii(|ki«b«||i|)|ici-N."!t Iuu//-k! ,'/iw/ mi/. I,iT tuat the linut of iOO imles was specially uhuiien lor the prptectioii of the fur-Heals. ' ' , . (>.:i„tir.. ,%,Tt. r J •..: -i T .:,: .T; y! ,it')J;Or; iivi IlluH limit, jiiOreover, lioes much furtlK}!" Ihaii iiiAU;]T i''--': ,t' .».,.,' 'L :<..'. "li .;,; v|., ■■ i i,'. i,,-'..LiT, was necessary if th? piotection i>f fur-seals ,hacl i^ .i;!;r(i>. 'jiU.n') >l- ,,. i i...: 'i i'.^-.J . .jii '.(^i ueeu me omect of the Uussiau Government. J. he „';;ii(i',cn(i rii;;L 11, ' .-.Jo.' L' it.,1 > .u •!.. i .m .L.u>dii;^. enforcement of the lOO-mile. limit wouTu have «.■; •yu-3^.1, Mi^t io 'iiiL'-' 'iif. M ]j ■. .,p'i„ -.1 ■.'/ roc, absouitely. inecluued loicij'n vessels irom. jiavi- ,. .- viivt !f.-v. lui "... .-.'"■xq f; i.ii ,j»Lvj.,i;.:i gatmg, U)r any i)urpo,st\ in jur|; part ()f JJelinng Stn^t, iiehi-jng'^ea, the Sea of "Okliotsk, ami a large at^a ot .oceftn "south ol tiie, Aleutiah '" - ami alpiig the coasts, of botli (iontineiits. , '[ ,.I)idt t».M .lii.il Chain 1)1 yf97 -im KioinaMw ri|j<.-, >■ .ft viK;,,' .luM(t-iii1 'xlt iiihI) Id' c ; , An Attempt is made in the' United fit&ten' Oaie, Uuited States itt one of the passages set oat at the hencl of this ^'^^' P' *'• CSiapter, to > explain ihe Undoitbteil fact; relied upon '% Ot^at'Bi*itainv that 1IO reHtiAint was evAr ■ plaoed by-llussiii \\\ion the ft-efe entraittiepf forelrtii • '' ' • vessels into Behriiig Sea for thq piirjxises' of -navigation, aiul esiwcirilly for the pro.'iecution of t^. whale, fishery. ■ ' i- •'• .-.n; J - ■.,• It is plain that, ah the 'absence (if any piiWic; iiotificAtibn, the alleged special teuervation In ■ iiebpiBct i of fur-*ealH, (assuming that -it ever had any existence in fact, or any legal validity,) Uever could have come to the knowledge of the seamen of various nations who ' from lime to time visited these regions. Nor did Russia ever attempt to maintain in Behring Sea a naval force capable of giving effect to any such prohibition by force of KiiHsia'K allogod tipofiiil reservation I of fur-seal tiBhiiii^, would iioHavc| bouu known to saiiin;u. No sufticiciit iiHval lon'o in IWiriiiK| Sea to give uffoet to the res'.'rvatiinl arms In the second place, attention is called, to tlio fact tliat no evidence is forthcoming to support the alleged reservation of the exclusive right of .sealingk , h-r-Hr,f . ,./,,, i.;^ )K-'rA-iii\ r^' ; i ■■ .» . IV has akea«ly been shown tihat, prior to tlie 'I Treaty ' of 182(% Russia liiosseseed no siich 'sovet-eigtity over the sllbre's 6f Behring Sia as ' wotild enable liter to^ exclude the vessels 6f otlifer nations even from the coasts. Much less had siie power to exclude'vessels upon the high seas, either from navigating thereon, or from the exercise of any particular industry. fHh^«*«f A ' Neither in the nej'oliations nor in tho^'IW.ities No evidence of rosorvatioii. Wh«liri(f i" "'•'"•"'« 8o" l«i-gel.v ' ,Ieveloi).a aftor Troatios. Britiih Caw, p. 89. U tJitTj; : ftiiy^ refjorvalioij of ^riglj^ to ^ exiJude . Evidence on this ,»^nt(je|r, ,)^aji^; ^Jry^cly. .be,^n f«inH ti^JitiJ rpfecejice . U> tjie, (]perj^t jonp ,9f w j» j»lf J-s, , ,y», , 5' ^»ff .; ""J.l'/v subsequent to 1840, the follp)Yji|jg,pa8if^^^,^Bpay,|j( i.M". ..| ,'.•«!: ji' quoted from an account of tlie fishery by Ivai Petrbir, hi discilssiiig Ili6 'i^lindit ioA' ' 6f' ttie'Titri- tory of Alasi^a nViorjto Its cessibnij to tlie t^'ijlted rfciliiH ■mti> IK Qnnlud by . \0 .!( .-If. ., AH. Clark, in Auievica in) vomhi'I of citlioi , of tjioso two. naticiiiB sv<»h iioi>til ./(if iheXJni^,] tln< slioyo; but (in tliero wnH no nrinc(l Uoveniitiefit ' States" vol. ii, prart in 'tlio Col'oiiics the pffi^nsloiih bf tho' *i''ii>nk-¥iiii^i |.p. .atifi, m.^ -'^^^ totAlly *Hiirogfttdrtl f.^- tl.*;'<^iwi]eiii.'V-i "i ""' : mn .i<»' >i VaJjiti^. lifijiit'l I'l itfi-xi' ; !' ■ >/lr III, 111 ■/ 1 inriiiii ii.-iii-i/ii«} r. k« "'""' Keferrinf,' to a later ^attiiitrtl 'Wr^trnf^HiJlfeTik^- Dr. W. TI. Dall niiafces the follonwltlg teiWflffks icAi- cerniJig certain forms ^t tvMflic earned* ©ii Jii. atWI' about Hi'hring i'eii:'.!^. '•'' J ■>f'ii-iiT..-i v^,,,! Ji;;!' moYJ j'.i/i,: vJir.r.'.Mi'. f.iw/ .iji;tuH)f>viii »..>il) ,'ii/.7 ;;j;(I) i^f " Alaska and its "Sttioc 18.50, (ji»Je4N froidtlioSahiUvutU W«iirt8,l>«\/^( HesourceK,"p.602. viidtiMl Kotxol/iiw SouiiiJ^ u^il (.Jr«iitJoj- Jliu)jiMiy, u^'fjify., 'wtaiat-MM • ^l'P??-.liji-j tion, (lonlUc- barrelled ]!c;liniui fowliiig-nit'deH, Imrflwnre' nnd r(jm or nlrohol. ilioy follojv uji the melting? ico, nnd usually reach Boring Strait in the latter jttrt'o'P •Tune. Their tiiHff of prices ntuouhts to about SO-t-cvrtfA' apiece for martens, in goods. They arc nsunlly prft^' \i(Jed >;\'ith whaling iinplementB, auU manned by Jyim,a- k(is. A Binglo whale will pay the e.xi'enseft of .the vcynge, and leave the profits of the trado clem\" / ,..._, )i il»ij"iH ••♦ n scaling. • ' , , f It is emphatically dcinitid that: the burden liies.'nn Great Britain of proving that Russia has lost her United Stf proving the exiitence of luch jurisdiction by instances of its exercise, or of its recognition by other Powers. The claimt* of the United States cannot be supported merely by the negative fact that, for many years after the Ukase and the Treaties, there is no record of pelagic sealing in Behring Sea. On this point, Lord Salisbury, in his despatch to Sir J. Pauncefote of the 'ind August, I8!»0, wrote ii' the following words : - " It iM imiKHtdiblu tu adiiiit tliut h publio right to HhIi, ratdi seals, or piirtido uny othor lawiiil nocupntion on the high seas cau bo hold to be abandoned by a uatiou from the mere fact that for a rertain number of years it has not suited the subjecto of that nation to exercise it." That the absen'^e of sealing-vessela from Behring Sea was not due to any exclusion by Russia, ici attested by the United States' Case itself ; where it is shown that pelagic sealing was never attempted as a practical industry until after the cession of Alaska to the United States. It is clear, moreover, that the Bussiau Goveru- meat, in 184(>, took a different view of its rights from that now contended for by tlie United States. In that year, the Qovernmeut was specially invited by the Governor-General of Eastern Siberia to enforce the prohibition of whaling within a dis- tance of 40 miles of the shore. Tlie reply of the Russian Government was, however, not that it preferred not to " strictly enforce " such right, but that no kind of right existed. The Foreign Office wrote : — ,,„ •' ' IVe huft HO right to exclude foreujn ships from that part of tJie ijreat oeeaii which separates the eastern shore of SUieria from the north-western slwri) of America, or to make the payment of a sum of tiu nry a condition to allowing them to take whales.' The Foreign Olflce were of opinion that the fixing '.. ;' 'he line referred to above would reopen the di6cu;>i:v>iia formerly carried on between England and France on the subject. The limit of a cannon-shot, that is about 3 Italian miles, would alone give rise to no dispute. The Foreign OfHco observed, in conclusion, that uo Power had yet suc- ceeded in limiting the freedom of fishing in open seas, and that such pretentions had never been recognized by the other Powers." The instructions to cruisers with reference to whaling in Okhotsk Sea, quoted at p. 113 oi the Case for Great Britain, are to the same effect. ^lioii that Russia still oxn r^ oouliol ill Behring Sou aft Tt««*i«* .^n/.t • ill 'J ;:'■ Unite* 1 WhiImx.' Dritiiih Cm«, Appendix, vol. iii. " Ifnited SUtoi No. 2(1890)," No. 88a, p. 510. See alto BritiHb Case, p. Ul. cibi ..I ■ .' ,0 Absence of Bealing;-vi'ii«elH froj ,.„,),., : Behring Sea was n..t due to Kuiil I. sian excluHion. Britiih Comniui- Hioners' Report, para. 100. United Stetea' C'r8C, p. 187, Ibid. -,11 htttt ti-i'MiiK ■' United SUtes* Case, p. 57. Ibid., > vol. i, I British Appeni p. 1. Russian Foreign OfBcc says that | lius no right to exclude forei^ ships from Behring Sen. Tikmenieff, British Case, Appendix, vol. i, United Caae^^ vol. i, I i-American Company's Chai Iter of 1821 purports to exclud I foreigners from competing wit I Compauy. i.li>:i 1,, United Case, i vol. I, HnO »> tJl loa »>> British Case, p. 113. '.n'J .i t «1 J3 eontii'l ill Behring Sen after United Htat«i' Caw, p. I'll. . 'Ur.l II : 'U n '^ I )rit>i"<«mA ,'1* Ibid. It is ■fated uii the part of tlie United States in une of the passafres placed at the liead of this chap- ter — " that by thu tr«atiua of 18i4 anil 1H2A KiiHsia did not Hiin-eiidor \\Bv Amxw tii vxohiavu control of trade, aiitf e«pooiall5 of the fur iiuiniitry, in Rpriiif^ Hen." t' Positive confirmation of this assertion is stated to be found in the allegeil 1821, the Emperor proceeded to grant to the Russian-American Company — Ibid., TOl. i, p. indis. 6. British Case, Appendix, vol. American Company's Char- ier of 1821 purports to exclude foreigners from competing -with Compauy. United States' Iw ottcd.) t. V. c«M,, Appendix, .Iriftoy. "1 Tiol. i, p. 26, " the privilege of )-uiiting and fisbiug, to the exclusion of all other Ruttian or foreign 8(ii/9, w^s tx)n8emieut upon tl^e .language i^i jtiie Bkase Ol 1.8?1 ;.l>y whiqh, f<>i? the lii;»t. tiiiMi,'.^'>;i.. nU n[ hiiii,/! ■■n . Articles 3 aiitd ^ 'of^'tbii^! Cliartertiave'ss fol- lowS';-*- •■ - ■iiii'M'!. !>ii 1. 1 ■•!!;)> ■.)■!' ■••■'Ii; I; 1 ■iKi: -1!./-. Hi).. hi^rflJ! i ,, „„., _ -jit,;>;T J.' .i| .■■-'„) But Charter of 182(1 ,„ily purporteto exehide other RiisBinn Hnlijectg, United States' Caae, Appendix, vol. i, p. 28. Jill "(2.) The limits. of navigation and industry of the Company are dotennnieJ by the 1'reatieH concUided With the United States of America, April 5 (17), H^id. and with England,' FehniaiV 18 (28), 1815. " ' '■ "(3.) In all ihe places allotit&cj to('K^l*ia 'by' th JA4 e^fchmon of all otJif)' Run'mn *.'6ji*<'(A'V, 1 "Jo k.<>j?);'.viT fxft tm r.':r,' ' Tt.-J 'J.tlu.'i-'li.i •irr Ifrflip, Eussiau Government had considered i^I^ entitled, in spite of the Treaties, to close Behring Sea to the approach of foreigners, it is inconceiv- able thivt the Charters should : not ; have been so worded as to reserve the waters ,aud. coast' of Behring Sea, while opening to foreigners the wfttdrs and coasts to Hie southward of that sea. . If thjs distinction was to bp drawn at any timej it must^ of necespity have . l)een drawn upo)i this occasion, and the omissiion to do no becomes, more significant when the Charters of 1829 and 1844 are read in connoction with the protests of the fiussian- American Company against the tenfls of the Treaties, and with the proceedings of the Com- mittee which investigated those complaints in 1824. .;-.,:..:•,< . -.! Ai . •■ !■■ The Gliarter of 1844 ia eq^Uy signifioatat. Section 2 sets out the boundary-line which was flescribed by the Treaity df "182.5 between Great fititaiu and Russia. "'^ " "^ ''' ' ' '"^'"i Section ." IS in tlie following term.i t— *'8eo. 3. In all places ann'eXed to lUiBBia bj*' the ."ibove-nior'ioned delimitntioii there is granted to the Company the right to cniTy on the fur and fisliing indnstrics to ihe exclusion of all U^utian tuhjecU".: , .,, . The above extracts show (inclusively tlxat, after the Treaties which resulted from tbe .n^otiataons upon the question of the Ukase of 1821, the claito to exdude^-'fc.oigtiei's from navigating, httnting, and fishinf.- ftsstertei'-'by'fitftttia id that ,'-|>iiH}r(A ..biill .'•I -I .i J:yr ,T r.'> iI-.Dhtl .'• .Ill .iiLii9iii[/\. Ibid., p. CP. '" ■ otnt?. fiftJlnTT .■••'.• .If J .!„y Ibid., p. '. If! .-"J lit vM..iq;»-i i-il. 'h Vit .■' :<;(U.''j |al':)) l»l' .'t vjiijt'jT.'; '»;'i*atVlii:)1i[t*T Ibid., p. 29 fompi^iy's Charter of 1844 only pw- pprto to exchide other Rii88iaii| subjects. ' i"'i» '»«(pinpiP!p rum^mmimimsmmmmm m UkaiSe;.w*8 d^iinitdly abandone>ii'.) r'>*''i'ii:'Upitedi States' IjiiibM 'U> j''!io'< sjwwio ■> Cmo, Appendix, [!>*f!( r.aii'* '• "t '^:r>iii\ oift K vqI. i, p. 75. I Exulusivti piiviiogt'H to be grantod to Comnaiiy only relate to land (not lea). ,*u:'r (i,ili-h'.t [RtviiCistioii of piivilegc's on enstevu coast of Behring 8eu. Revised ti'aus- latiuD, Appendix, vol. i, p. 42. Further quotations are made at pp. 68 and G8 of the Uni*3d States' Case, as to all of which it may be remarked that the, documents, quoted are of a purely municipail character, affecting Bussiaa subjects only. '-. L'lihiij^l ; ■ !:,.-,■•;;.; IVo points, however, deserve more detailed notice : — 1 . In the proposals for the renewal of the Company's Charter in 1805 and 1866, there k ho suggestion that jrowers should be grantied to exclude foreigners, such as had been granted by the Charter of 1821, and subsequently ajoandpned in the Charters of 1829 and 1844. i ^jii!//(.l!( i •< '2. The letter of the Minister of Finance, datdi Ae IStiv June, 1805, affords further con^rmation of th6 fact that the Russian Government wae unaware of the existence of any such special juvisdictiou over the waters of Behring Sea as k now claimed by the United States aa the successow of that Government. • The Minister proponed, in paragraph 15, to reserve to the Cpnipiiny the exclusive right oif engagiTig in the fur-trade as defined witliin the following limits :— > "'On theponiiisulaof Aluskii, i't.'fckoiiiiig an its noi-tlieru limit a line drawn from Capo Dougiuwt, in Keuia Bay. to the hoad of Lake Iniiainna ; un till thu islands lyia|( along the (joaBt, pi' tlint pcuinsulti ; on the AKuitiuu, Coinlnaiuler, , and Kurile iHlundK and t|iose lying in Ueiniig's Sea, uiul ulw along tiio whole weHtern* coast of Bedng's Sea." : Bnt to rev(ike>fTTi irolr 'to tf(nUi"'y'.of<] -ah -rol }■>;■.'. ^ " in tlio dfetriot to thg uortli-eaut olf the puuiusula at •.The fv)Pt*M'^P' United Stales' Appendix, vol. i, p. 77, !s o^jviously erroneous. The passage as it stands deals, in duo ooui-.'si', with aH tlie shores of the BUssiiin possohsions. But the pi'(l})oaed substitation of " eaxtoin " for " western " i». volveg the omission, of uU rcfprenco to the Asiatic sliores^ and reiideiT ineaningloHs thp subsequent WDi-ds " on land to tho noifln^ni extremity of the Ameriwin Oontihenl." •: • 't The ex*M. tii>» H^ixsiAn tout m " iVomI;" |. , :* ■-! f I , ' i < i ■t ' Wm ij I'll :?■'; 1 1 I 1 ' HI 1 1 J 1 1 .j. iff ^'(«l u ' 'f I K-f Alaska altwg the whole ooaat to t' to bear the! construction thus placed upon it by sn unfounded suggestion that, when the writer mentioned the western shore, he meant to refer to the eastern. The accuracy of expression of the passage, as it stands, beoomes clearly apparep v on following its description with the aid of a Map. ■ The passage shows that, so far from asserting exclusive rights " to the regum about Behring Sea," the writer actually proposed to abolish the exclusive privilege of the Company upon the eastern shores of that sea, and treated those coasts and the coasts of the Pacific to the east- ward and southward of the Alaskan Peninsula, including Sitka, an subject in precisely the same manner and to the sa^ne extent to the jurisdiction of Russia. !ffitH'!iVn'//tjl!(>1 The correspondence in respect to the " Loriot " Briti8h C'aBe, further shows that in the year 1837 the United PP- ^9-*''- States maintained, in acconlauce with the present contention of Her Af ajesty's Government, that the Ist Article of the Treaty of 1824 was in itself sufficient to entitle the subjects of the United States " to fish in these sean, and to resort to the Ibid., {>. 80. coast for the i)rose(>utiou of their lawful oonunerce upon points not alreadv occupied." It was more- , .. over claime.) 65. It is a matter of history, that in the years imme- diately succeeding the "Loriot" incident, and subsequently, the vessels of various nations, but more particularly those of the United States, began to resort to and frequent the shores of the Aleutian Islands and the continental shores of Behring Sea, (■o soon as the exigencies of the whale fishery ren- dered it convenient for them .so to do. Tlie remainder of the evidence upon which the Case for the United States depends, in respect of the period now under discussion, consists of extracts from the correspondence of the Eussian- Ajuerican Company. For example, at p. 01, the following passage from a letter, dated the 18th August, 1824, written by Count Nesselrode to tlie Minister of Finance, is quoted : — "... it il^l His Majesty's firm dettirniiuatiou to protect the Company's iuterests [in the catch and preserva- tion OF ALL MARINE ANIMALS, AND TO SECURK TO IT ALL the advantaoes to which it is entitled under the Charter and priyileoes]." It is now admitted that the words within brackets are interpolate d. No Cv)mnient is req.ired upon the extract above quoted, as the interpolated passage has been with- drawn ; but when the original letter is examined, it will be found that it had no relation whatever to the protection of seals at sea, but related entirely to the taking of seals on the Islands of St. Paul and St. George, and the Commander Islands ; and it has, therefore, no bearing upon the present argument. The letter of the Board, dated the 'JOih March, 1 8 ")3, fron which several quot.itloiis ave made at pp. G2-''G of tl>e United States" Ca.se, deserves :>iore at'ention. The first quotation is as follows : — " The board of Administration rcbpcctfully rcqucBts that, in case the interests of the Company reijniro a doviatiou from our plans, your K.\ccl!enoy will never losd sight of tho fact [that tub ixtehests qv THtt Company ark centered at thk i>uks::nt time in tur DISTRICT SUUROUNDINO THK HEAL ISLANDS Ol.' THE I'BIBY- LOF AND CoMMANDKR uROUP , AND] tluit consequently [249] il I If n I ' 1 1 )iv' mi ul- : ill i 'A i 1 I n ; if I ill i •ii ' 'd ?' U J" ! ?ww«"Bfip?p'PWPw»appp^»^^f» 66 the colonial waters must be visited by the Company's cruizers constantly and in every part, in order to watch and warn the foreign whalers," This is twice quoted in the United States' Case, United States' and special attention is directed to it at p. 63, as <^»»«' TP- ^^' ^^• a communication which — " throws much light upon the commercial activity of the Russian-American Company, and may be accepted as indicative of the methods oy which, during the last term of its charter, it enforced its control, in the colonial waters. ..." The value of this passage for the purpose for which it is quoted is, however, entirely destroyed by the discovery that the words which have been here printed within brackets are mere interpola- tions i Me text of the despatch, and do not exist in the c . 'ussian. The sect- • PP- *''*'*''^- United States' Case a " protective scheme." The inaccuracies of tlie translation of this passage are too numerous to be here noticed, but may be seen at once by a comparison with the literal translation in the Appendix to this Counter- Appendix, vol, i. Case. PP- 38, 3i>'. Tln-oughout this despatch, when correctly trans- lated, there is no mention whatever of the pro- . tection of the fur-seals. It is true that instructions , arc given to watch until — " the forcij^ii wlialtrs loavu Rehring Sea, viz., the last ibid., «. ,S8, * part of August or tlio beginning of September." paragmpli :f. Seo also last paragraph , , ,.,... , , of despatch, but tlie only indication given as to the object of • such watcliing is to be found in the following wt)rils : — " To keep watcii over the foreign whalers and the Ibid., p. 30, Knglislimun, with regard to the trade carried on by paragraph 5. tliera with our savages." i ^0 evidence Ih ofrorod that any 'lor'"';;" sliip wis oxpellod byKussia. United .States' Case, p. 67. (For revised traiislatioi' «<'c Appendix, . J 67 But even if the preservation ot fur-aeals or fur-seal fiBlieries had been specially mentioned as the object of these instructions, it is denied that they could have any weight as evidence for the purpose for which they are quoted in the United States' Cdse, unless it could be shown that they were acted upon in practice by the expulsion of a foreign ship. Of this, however, no evidence is offered, and it is confidently asserted that no such evidence exists. At p. 67 of the United States' Case, the follow- ing extract is quoted from the letter from the Chief Manager of the Russian Colonies to Henze- man, dated 20th June, 1861 :— i: Uuited iStfttes' Case, p. 07, ( Kuv revined translation, see Appendix, vol. i, p. 43.) " 9. It has come to my knowlcilgc that in the present year two whaling-vessels have sailed from San Frnncisco for the purpose of trading on the Pribilof Islands [OR OF HUNTING IW THEIR VICINITY.] Consequently, I would suggest that during your presence iu those waters you will exercise the duties of an armed cruiser, [TO prevent ANY UNLAWFUL ACTS ON THE PART NOT ONLY OF THESE TWO VESSELS, PUT OF ANY OTHERS WHICH YOU MAY FIND IN Bering Sea]." It will be seen that the passages prmted in brackets are not to be found in the original Rus- sian, while the " instructions herewith inclosed, which have been approved l>y the Emperor" (see paragraph 9, revised translation), have not been produced by the United States, although they are essential to the correct appreciation of the despatch in which thej' were iiu;losed. The Proclamation issued at Sitka in 1864 is similarly made to serve as evidence iu the United States' Case, by the insertion of the words " or waters." No such words occur in ihe original, which is merely a notice to ([uit laissian ierri- "\ iii ConeluMionf. From the considerations referred to in this Chapter, it is submitted that the conclusions claimed to have been established in the British Case, as stated at p. 90, are fully supported ; and that the further evidence which has been adduced clearly shows that, with the growth of commerce and increase of trade subsequevitly to Ihe year [249] " K 2 n V'i?fW'""P"!!""'"" .v'"'. ■ • .,Ji U. ^*i?: 68 1821, vessels of iKiliuus otlicr than Russia without let or hiiulriiiice frequeuted, Iradeil, and fished in the waters of Deliring Sea ; and that no atteni2>t was ever made dining the whole period to restrict the use of those waten to vessels carrying the llussian flag. I'l i Iili"l"'¥lill!! G9 CUAriEK V. CoiiliMiti.iii tliat Treaty of 18(57 wan asiirtiiia of ownership of Hohriiig; United StntcH' (Vso, p. 70. ]iritisb Cusu, pp. fli-ioa. Head {E.)—W/iat Rights jxinml to the United States under the Trent;/ of Cession of the mth March, 186?:^ The Unitro RrATrs' Contkntionh. (1.) Uiiitcil Stnten' Cnso, p. 70— "This treaty, whicli, prior to its finnl consiinitnntion, had been dieriiBBrd in Ihe Hoiiatc of the Uniird Stales and by the press, was an assert ion by two great nations that KiiBsin had heretofore chiimed the ownership of Behring Sen, and that she had now ecdnd a, portion of it to the United States; and to this assertion no ob- jection is over known to have been niaile." (2.) United States' Case, p. 74— " Their value [the fnr-seals] was well known to the American negotiators of the treaty of 1867, and while it must be admitted that political considerations entered into the negotiations to a certain extent, yet so far as J ' i-evenae to tho Government and immediate profit to ita people wore concerned, it will appear from a careful ' stndy of the incidents attending the transfer of sove- reignty that it was the fur industry more than all other considerations which decided tho United States to pay tho sum of 7,200,000 dollnra required by Russia for the cession and transfer of her eovci'cign rights and pixJiHjrty." (3.) United States' Case, p. 8.5— " Tho understanding which existed in the United States, at tho time of the purchase and cession of Alaska, as to tho scope and effect of the jurisdiction exercised by Russia over the waters of Bering Sea, and the en- hanced valuo which was thereby placed upon the fur- seal herd of the Pribiloff Islands." SuHHiKT OF British Rbpi.t. The Treaty of 1867 only assigns territory, not sea. Tho value of the fur-seal herd was not taken into account in tho porchase by the United States. With reference to the contention first quoted above, it is to be observed that neither the Treaty of 1867, nor any other document published or communicated to foreign nations in connection therewith, asserted any claim to the ownership of Behring Sea. Upon this point, attention is incited to the observations contained in Chapter V of the British Case. I'" |i- *i|l ;i!| BgRB mBm wftmmmm>t EtpBiannanBaai ■•(■ 70 The extracts from the debates in Congress, and the negotiations which took place prior to the corooletion of tlie Treaty, show conclusively that it was not supposed by the advisers of the United States, or by any person on their behalf, that any exclusive dominion over Hehring Sea was being acquired. At pp. 75 and 7G of the United States' Case reference is made to tlie Report of a Committee of Congress, and copious quotations are made therefrom. This Report, however, is not one made at or about the time of the Treaty, or the acquisition of Alaska, but is that of a Committee of Congress which sat in the year 1889 after the present controversy had arisen. No reference is made in the United States' C^se to the report of any previous Committee of Congress. Such reports, however, exist, and are of a directly opposite tendency. There is, for example, the Report mentioned in Bancroft's "History of Alaska" (p. 59.5), in the following terms : — lU'povtti (if (Aiinmitti-L's ol (,'oii};riKs. :• i ! •'Tilt! motives wljich k'd tlic United States* Govern- Foreign Afl'nirs fjonmiittcc, in l.siiii, ment to purclmso them " [RusHJa's American possessions] states objuets ot imivlmsc i'lmii . ., i i. 1 • 1 r ii -ii. e ■ Rnssiu, withoiit even incntiiniiii" ■'are thus stiitecl lu a report ot the committee on toreicru .i „• -i- !■ n i • .., '" *^ ° the noqniKitioii ot liehnnp; Swi. a^'airs publiBhed 18tli May, 18()8 : ' They were, first, the Alaskn, p. 5i>"). laudable desire of citizens of the Pacific const to share in the prolific fisheries of the oceans, seas, bays, and rivers of the Wentern World ; the refusal of Russia to - renew the Cliiut or of tlic Russia-Aincncau Fur Company inl8f)(); the friendship of RtiSHia for tho United States; the necc'Hsity of preventing the transfer, by any possible <;Uaiice, of the north-west coast of America to an un- friendly Power: the creation of new industrial interests on the Pacific iiocossary to the supremacy of our empire on the sea and land ; and finally, to facilitate and secure the advantages of an unlimited American commerco with the fiiomHy Powers of .Japan and Cliina.'" Again, the Committee of Ways and Means, to wliioli, in 1876, was referred a Resolution of the House of Representatives, directing an investigation into certain matters relating to the lease by the United States' Government to the Alaska Commercial Company, presented a ■ V Report, from which the following is ail L-xtract : — •* When the proposition to purchase tlie Alaska Teni- H. U., Kx. Doc, tory from Russia was before Congress, the opposition to it , f''i, ^°^S-i III u 11 J .1 1st 8es8., No. (.23 was very mucli based on alleged barrenness and worth- p. lo, lessness of the territory to be acquired. It was supposed that thor.gli there might bo many political reasons for tliis 1 ■. ii \ Citmniittf' in 1876, save thut soul ■ ig|,„„iB wtrt' not conHideretl in pur- cllltSl'. Unitud States' 10th CeoHns Hopoit, 1881. 71 addition to the American Pacific possessionB, thoo were not coiuracrciul or revonuo advautiiguii. Tht i ahu of those teal itlandt teas not considered at all. Hussi'i had derived but little revenue from them, indeed a sum not sufioient to pay the contingent expenses of nmintaining the official authorilif. Under our systom, however, we have a very dififerent result." Mr. H. W. Elliott, in his official Report on the seal islands of Alaska, writes as follows upon this point : — :'Si (ir('iiii<'ivss. Mr H. W. Kllii'tt- i" 18X1, rcportH thut the viiliu' of the fur-seal iiKluKtry wiiH not taken into iiccount ill tilt' . purchase from Kiissiii. Printing Office, 1881, pp. 68, 69. "Strange Limoramce ok their Value in 1867. — Considering that this return " [that accruing from the fur-seal industry] " is tiie only one made to the (Jovorn- ment by Alaska, since its transfer, and that it was never " The Seal Islands taken into account, at first, by the most anient advocates of of Alnska, by f/^^ purchase of Russian-America, it is in itself highlv' HenJ7 W. Klhott, , . , , , . . „ Washington, creditable and interestiug; to Senator bumner the GoveiTjment friends of the acquisition df this territory in 1867, delegated the task of making the principal ai'gumeut in its favour. Everything that was written in strange tongues was carefully translated for the clioice bits of mention which could be found of Alaska's value. Hence his speech on the subject possesses tliis interest.* It is the embodiment of everything that could bo scraped together, having the faintest shadow of authenticity, by all of the eager friends of tlie pur- chase, which gave the least idea of any valuable natural resources in Alaska ; therefore, when, in summon- ing all this up, he makes no reference whatever to the seal islands, or the fur-seal itself, the extraordinary ignorance at home and abroad relative to the Pribylov Islands can be well appreciated." Ilritish Case, Appendix, vol. i, p. 81. " Seal Islands of Alaska," p. 25. The above refers especially to Mr. Sumner's concluding summary. Mr. Sumner did, in fact, make a reference to the fur-seal in the body of his oration, though in a single paragraph only of his long speech ; but the perusal of that speech, and the absence of any mention of the fur-seal in his recapitulation of principal points, show the relatively small importance which he attached to the fur-seal fishery. In the same Keport Mr. Elliott also writes : — " It will bo remembered by many people, that when we were ratifying the negotiation between our Govern- ment and that of Russia, it was made painfully apparent that nobody in this country knew anything about the subject of Russian-America. Every schoolboy knew where it was located, but no professor or merchant, however wise or shrewd, knew what was in it. Accord- ingly, immediately after the purchase was made and the • Speech on cession of Russian-America, United States' Senate 1867, " Summ-xry," p. 48. ' T8 torronl transfi'i- affcoted, a Inrgo iniinbor of energetic " ,'^°'''''" P^^'I'I'' k""" I ° iiiat the purcnatte t.tiiitair.Kl am- " I tlo not think, when the Government matle the ''''"jf? "f value initKiili ih. imn'i. | purchase from Ru.'isia, that any one outside of a dozen .ly.), (• ,„,, (>'-(iple, perhaps, who had been nctiuainted with scaling 2ntl Scr!"., Iit'rett.fore, had the sliglitcst knowledge of there being ^, "-.'IV'""' . , . , . , , , No. ;jw;!, \i. bs. any vahie m tiiose islanils, or that the Government was going to get anything of value outside the mainland of ' Alaska." ' . - l.)r. W. H. Dall, who is specially quoted as ' , ' f «oh1- ^kiiisiii l-*'!*''. "« reason wliy litH<' 1(1 Imvo 1)0011 laiil on tlic ,livfw "'(inh ;icniii«tiiin I'niti'il Stntc« of tlic BcnlH hy tli ConcIiiHionH. 78 "FormtnnJ •' I sniil tlmt in 1860 (not 'in tlio oarly days of tlio Stroam, intlustry ') I i^i.-chaHed liMt-clrtHM fnr-Hoal nkiiiM nt 121 Novfmbcv5. 1891. • , i • i fonts a-i)iP('o, that l)i'nig tho pncc at wincli thoy woro Hdlil by tlui RnHsiiinH. 'I'lio point of tliiH obHc-rvation lii'H in itH iippliiMition to tho oft -rcpoatod Mtatoniont tlmt, ns Mr. I'ahiior MayH, 'litllo Htvoas wa.s laid upon tlio fact that fur-HoalH woro found in alnuiduncct ' nt tho time of the piu'chaHo of tho Turritory by tho Uiiitud StatuH. No Btross oonld roa«onal)ly have boon laid upon it, hIiico lOO.OOf) HoalH would at that tinio havo boon worth only Honio \2JM) dolliii-H, whii^h would limlly havo paid for tho troublo of taking thoni. Of oourso, almost iiniucdi- rttoly nftorwardu this was no longor truo." It is .submitted thiit the ooiiteutions of tlie TInitcil Htatcs are based upon two assuniptious, both of wiiich art entirely erroneous. The fir.sl, that, jjrior to the year 18i>7, liussiii had, in fact, cxcbided the vessels of other nations from Behrinp Sea. The second, that the language of the Treaty of 18G7 describes, and purjwrls to con\ey, some si)ecial rights in the non-territorial vraters of • Behrinf; Sea. As to the first, the considerations contained in the preceding Chapters have established that, prior to 18()7> Russia had not, at any time, e.xcluded from Behring Sea tlie vessels of foreign nations. As to the second, a reference to the language of the Treaty— which is set out at pp. 91 to !)4 of the British Case — shows that Ku.ssia was conveying territories which were then ad- milted to form part of tho RusMian Empire, but with no more than the ordinary territorial rights. [249] J 'i I I r 1 i 1 t i >l ■ if- l' ' \ '!■ \ 1 ll i n 1 . ' HI ' ,' :l iU H^i • . »: s 74 CIlAPrER VI. Point 5 of Article VI.— /Ajv the Unital Stales any Itvjht, and if ho, what Rujht of Protection or Property in the Ftir-seala freijuentinj the Islands of' the United Stat&s in Jiehriny S«a, when such seals are Jmnil outside the ordinary S-inile limit ' TlU; UnITKD StAHH* CoNTKNtlONg. (1.) Uiiik'tl StAtcs' Ciiso, p. 67 — "By tlin Uknao of 1821 Ruxsiit Iinil publicly clniiiicd (X'rtnin uiiuhubI jariwliotinn botli dvit liuring Sea imd oviT n portiiiii of thn PiM'iflc Occhm Kiisaia iipvor souglit to prevent vessels fii))n pnsHing tlii-ongli Uerinjf 8oa in oi-oor to reach tlio Arctic Occiiii ; norilid nIio nlwitys striutly enforce the prohibition of whaling; within the tliKtnnoo of 100 mileB from its xliores ; but, so fnr ns the fur-sealg arn concerned, it will ho made to ajipcar in what follows that the jurisdiction in question was always exercised for their protection." (2.) Unit«d States' (Joso, p. 85— " In detorniininff what right of protection or property this Govorrm mt lias in the rur-sonls frequentinfi^ the islands of tbti United States in Bering Sea when sauh seals are found outside of tho ordinary 3-milu limit, it is not compelled, neither does it intend, to rest its case alt'-gether npon tho jurisdiction over Bering Sea established or exercised by Russia prior and up to tho tirao of tho cession of Alaska. It asserts that, qaito independently of this jurisdinion, it has a right of protection and property in tho fnr-seals f rp(pientinff the Pribiloff Islands when fonnd outside tho ordinary 8- milo limit, and it bases this right upon the established principles of the common and tho civil law, npon the practice of nations, npon the laws of natural history, and up.m the common interests of mnnkind." (3.) United S*ates' Case, pp. 231, 282- " It may be laid down as a principle, established by inter- national usage, that any nation which has a peculiar interest in the continued existence of any valnahle ' mnrino product, located in tho high sens adjacent to its con.sts or territorial waters, may adopt such measiirrs as arc essential to the preservation of tho species with- out limitation ns to the distiince from land at which sneh necessary measures may be enforci d."' (4.) United States' Case, p. 23"- >■ "This hasty ro\iew of the legislation of near a score 6f nations clearly establishes tho principle aimonnreil that liny nition. having a poculinr interest in the continued existence of animal life on tho high seas, adjacent to its coasts or territorial waters, may ttdo|)t such measures as are essential to its preservation, without limit as to the distanc3 from land at which such measures may be enforced." (5.) United States' Case, pp. 295, 296— " The United States, npon the evidence heivwith sub- mitted and referred to, claim that llie following propositions of fact have been fully established: . , . That at all times, when in tho water, the identity of each individual can be established with certainty, and that at all times, whether during its short excursions from the islands in search of food or its longer winter migration, it has u fixed intention, or instinct, which induces it to return thei-eto." ica 75 (0.) UnitvJ KIhIoh' Cnio, |ip. 200, 30O-- " Tho Uiiito.1 HtiitpH' Gdvcnimoi.t will uliiim : Flrit, Thot ill view of till) fttotH luiil oii-cuniatniicitii oiitiilillHlu'il by tlio uvidi'iico, it liHH audi ii pi-npcrl}' in thu Alaiikan Noal herd . . ; . . a* entitlv* ii to proiioi-VB tliu h*rd fruji (levti'iiction in tliu timiinur vompluitiiHt of, by an (■iiiploytni'iit of Rucli ■'•aHonablii forci' h» iiiny bo nucofi- inry. (Second, Tliat irrvipoolivoof thu diittinot rif^hlot' property in thu ionl heril, tho United Htatf*' (lovom- iiii'iit haft fnr itnolf. nnd for itH people, iiu intoruat, an induatry, and a uoninieriu ; . . . . uiid timt no part lA tlie high aea ii, or ought to be, open to iiiilividimlH fol' tho puriHweof aneompliahiiig theuottriiotion of national iiitereHtfl of such a obarnvter and ini|ioi'tniioe." Si'MMAiir or Dkitihu Hkply. The right of 'M'otuution inontionvd in Point 5 of Artinle VI i» now A iogpd to bo vxereimiblu in evorr piirt of tho high Hiu, ana is oluimoil by Ihn United StnteH on gtuitral principlvfl, whioh, if Hutiiid, irnve n like right to Huaun. Siinh right ia aaid to be indu|>endoiit of iiny jiiriiidiotion alleged to have been forinrrly oxeroiaed by Ituisia in iichrin)^ Sea, by virtue of a presci-iptivo Utlu. liutaots of protection by KusBia, had thoro been anch, conld in no way \te attributed to a jiiriadirtion founded on pre- aei'iptivo title, or iiaed n« evidence of anch title, if lliey would have been equally juatitinbiu without it. 1 he United Statea can have no right of protection in acaa where it hna no jnrigdictiou. For, on thu unnppiv- priated aea, all iintiona are oiiial mid independent, and cannot intoi-fero with each other'* ships, cxcepfc for piniey. , Tho Treaty, rightly conatnicd, does not give power to tlie Tribunal to decide whether the United Statea bavo J jurisdictii'ii, for any parposu, ovit wntei'S.outsjdo thi>t part of r iiiing Sea where tho United Statea claim .. ezoiuaive |iiriadiotion. \o claim to jurlRdietion of any kind, beyond that limited area, had been innde liefure. tho Treaty WHS signed; and it refers ii'o qiieatioim to' arbitration, except a. '.ch ns had tiien ariaeii IxHweeu the Contracting Powers. The wowIh in which tho groniids of elaim to thia widely- extended right of protection are stated, are diflioult of interpretation. The"eoniiiiiip law " reft reed to cannot bo thut of Kngland, whieh haa no force in a disputs ■bitween nntiong. "Civil law," whether denoting Roman law, cr nsed in ojijioaitioii to eriiiiiiiftl law, is iiiappi-oprlate here. Tho right claimed 'mnat depend .i.r.ji interimlional. law, of whieh " tha practice of- nations" can only iifford tvideiiec, and wliieli i\eog- iiizea nil the "iutercsta of 'rfiaukinrt " of whieh tho , Tribunal can tako cojfiiizniico in dea'ing with rights as (Tiatin^fuished from regulations. One of tho purposes of tho ovRiiWity 3-ml!e limit is tlinf of (XcUiswo fishing. Th rj can bo, no property in frec-svvimuiiiig, s.ujs, which arj , proved in Chapter VIT to Id fcrif ,i:i'iiriiv, nnd are, t h< refore, rcD HnlUut oven by the law of tho United; States. Still less ia tlic property vratecl in tho United 'States* Goveitiment; and their lessees neither ImvO nor o!nim any intei-est in these aninials. . ■ If tho id«ilitificatiim of tarh seal nnd its annual i-otuni to the t I'ribyloff .'s'nnds bo assumed ns facts, they show no .titlo without pivof'tbHt thl> seal Was tame orveclnimoil bet'oro its departure; and that it inti-iKled to return, not on'y to the is'ands, but to so'nio sput wh?^ru it .."niou'd be under the care nnd control of ill owner. Tho In,ws of seven Uritish CoU\"ic8, of Spot'and, Iroliv"!, ami , ten other countrits (including Uii.ssiu), are quoted or refefrtd to in tho United States' Case, apparently fol' the purpiise of supporting tho allfgeil eight of pro- foction. Hut ' ill no inatancj is it shown tliat ex- terr.itfjvial jurisdiction over foroignei-tf is nsBertcd or exercised. ■[249] 'liix iii ;«--ii.;.'il -I'l;! I, 2 'fi.i i < I '! ' 1 I I ' '1 I 1 i 1^! 76 III the question now to be discusscjl, and in the contentions of the United States nbovo quoted, the protection spoken of, whether ox- pijssiy or impliedly, is a protection as of right; it is in no 'vay dependent on the exercise by the Arbitrators of the power of making Regulations given them in a certain » vent, by the Treaty of the 29th February, 1892. If, for tiie sake of brevity, the passages in which the contentions occur arc not, in every instance, set out at iuffi- cient length to show that the chiim is one of ri;»ht, a perusal of the context, or a reference to theii place in the argument, will make it abun- dantly clear. Right of pro'ect'.on is quite distinct from property, and when ;"volving, as is suggested in the United States Case, the adoption of "necessary meiisures'' (Contenrion 3), and the employment of " reasonable force " (Contention 6), implies jurisdiction o^'cr the waters to which the right extends. Jurisdiction may jxist without property, and property without jurisdiction. Thus, in territorial waters, every nation has a jurisdiction, which justifies the exclusion of foreigners from fishing ; yet, by the law of both Grer.t Britain and ti'T United States, a fish swim- ming at large in such vr. :ers is not the subject of property. It will be observed that, by the second of the contentions set fortli at the head of this Chapter, a right of protection over the fur-seals (i.e., a jurisdiction eutitJing the United Statts to protect them) is claimed independently of the jurisdiction over Hehring Sea, descrilied in Contention (1.) as an " unusual jurisdic tion," whicli is alleged to have been exercised l)y Russia, and transierred to the United States in 18G7. Further, by Con- tention (G.), " no part of the high sea " is excepted from this right of protection. Hut if it be true, as propounded in Contentions (2.) and ((?.), when read together, that, on general principles, nations having "an inlerest. an industrv, and a com- merce " in fur-seals, have a right to protect those animals, exercisable over the high seas generally, then acts by Russia, had there been such, justifiable by virtue of such a right, would afford no evidence whatever of the " unusual jurisdiction" over one portion of those seas, alleged to have been exer- cised by Russia. In fact, the two argumesito are mutually destvuotivo. If the rigiu attached to Russia by virtue of her interest in the fur-seals, its Tliu protection Kixikun nf in i\n.(^„ teiitiun is ii piotcfliin! us ul ii.r|!" Distinction botwooii rinlit ul pi„it,,, X tion and property. lii^ht of protection cliiiiiKil, imli. pondent of the juiiNdictinii mi; Hehring Sou ullcgfd to lmv..liriii acquired from liiiHisiii. Nit part (.f tl'.i; high Hen is oxcv|iln from this right of pruteetion. Acts of protection, thcii. hiid tlnri' liccn BUeh, would iiflord no evi- dence of Kussiu's jinisilietioii w; Hehring .Sea. rii;ivt'a:i 1)1- 111) liglit ot'in'otf'tiou in siis wlu'iT tlR'n- is IK) juvisdietioii. Dodsou's .* AilmiraUy Ca-4es, '' vol. ii, p. 210. n exercise would aflTord no evidence of any title to an unusual jurisdiction. Yet, in Contention (1.), the allegation that Russia exercised jurisdiction for tlio protection of fur-seals, is relied on as the main proof of her prescriptive title to Buhring Sea and .jf the unusual jurisdiction arising from that title. That Hehring Sea was used as a passage to the Arctic Ocean, is there expressly admitted ; that the prohibition against whaling within 100 miles from the shore was not strictly enforced, is also Ihere adniitttd; nor is one instance of its enforco nient oven alleged : but xl is said, that " so far as the fur-seals ai 3 concerned," the unusual jurisdic- tion was always exercised. TJ at right o<" protection implies jurisdiction over the waters where it is to be exercised, is clear from the following propositions : — (1.) That, on the unappropriated sea, all nations are equal, and independent of one another ; (2.) That, in time of peace, a vessel thereon cannot be forcibly interfered with by a foreign Power, except for piracy ; and (3.) That fishing is not piracy. T!ie last of these propositions is too elementary to need support. The other two, if authority be supposed necessary, are illustrated by Lord Stowell's Judgment in the case of " Le Luuis," already cited upon another point in the British Case, p. 1 54, in which it was held that a French ship could not be condemned as a pirate for being employed in the Plave Trade, and forcibly resisting the search of the British cruizers. In that case. Lord Stowell said : — i i ■Ih ■ \:\' Iblil., p. iit3. "Upon the first question, whether the right of search existB in time of pi'ace, I have to observe, that two principles of public law arc genernlly rccognizetl as fundainental. •"*ne is the perfect cquahty and entire independence ci all distinct States. Relative magni- tude createi ..o distinction of right ; relative imbecility, whether peiinanent or casual, gives nt> additional right ' . .• to the more powerfid neighbour; and any advantage seized upon that ground is mere usurpation. Tiiis i» the great foundation of public law, which it mainly iH'(\ Jill' iincstioii iniNcH, liow it in ti> Ix- lognlimiil? And lookiii^j; til wlint 1 huvc ili'm'i'iln'i1 hn tln> known <>xiic upon tlio Kinnnil tlmt tlu< •"mitiii'oil vcMm'l iM to In- tHkoii /i'./»i//iy* HH a iiiiiito, o>- cW Hoino ni'W jjii'tiund in to lu> uHNunicil on wliicli tluH riKitt wliioMiiiii Ix-un (liotinctly luluiittml not tu oxitit (t^'iu'i'iillyin tin><> lit' |ii>iif(! I'ini lio Kiipiioi'tiHl Tin) < •|■-''■ )ln■'H(illn then I'onioN to tliiH : -Cnii tin; iu'rn)t«tiiin of this /•'•rHi'A* vi'KHi'l 1)0 Ipgiilly doiniuxl n jiiviit-y, infoning. HM it tiinHt ilo, if if lui HO, nil (ho imiim iinil iii'iinltiiM of liiiUfyY .... In tntlh il winilw Nonio of tho iliV tinK°ui(«l)ing fi'ntnit>H of tliiit oUVnoo. It in not tin* iH't of fivi'-liooti'VN, onvinicH of tho Inini.m nico, I'ononncing t>v«>i\v connti'v, (vixl ravuging cvory ••onntry in iti< I'lmnt^t «nd vi'mboIm intliHoriniiimlcly, ntnl tliovoUy I'l'i'iiling' an univorxnl (cn-or and alinn». . . , Hi' I In- malignity of tl«o priu'tioo wliat it may, it im not that of jtiiiifii,* in Ihiil.. |' -l-'". Icgiil oonsidi'vation." Ilor JInjosty's Oovoruincnt rcyiicft fully i)iote8t that tlto qui'slion wlu'tlior (ho I'liiictl States hfivo ;vi\y jiiiisdiolioii tnilsuK' lk'lirin qiiostion slalod at tho ht-ad of this Cl\a|)ter opoaks of a ri^'ht of protoctioiv bi'voiul tho oriUnary ',\ niilo limit, it is assununl tiuU tlio part of JJehriiijr Sea in which oxclusivo juris- tliotioii is claimed is the only an>a with which the (wo roweis are coneiTiie 1. For ptvviously to the Treaty of \S\)'2, no claim of uirisdiction, exclusive or ollierwise, beyond tlu' limits of .'.'eh.ii'ij J?ca, had been made by the United .^-i^ {stales. The prcand)le and the 1st Article both express what, it is snbinitted, svonld in any case be i\)i])lied. that "the (|uesl'ons which /lari' - a''iscn " arc those which are referred. Tho '.1. i!'- made by tlu; Vnited ?*talcsis set I'niiid SIiiIi-n' forth in Mr. Ul.iiiie'ii despatch of the 17lh Decem- viTi, i>''2w! '^' ber, lb!H). There, Qvieslion .J is proposed in the followini; form : — '• Whiit arc now tin- lights of tin.' Uniti'd Stiilcs as to till' fur-sr;\l lishrHos in tho watoin of the Hohring Sea «>\itsii!o of the ordinary toiTiforiiil limits, whothcv Mneli rights gTi>\v o«t of tho oossion l>y Ifussia of iiny HpooinI lights or jnri.<>diotii>n hold by hor in unoh h'shoricn or in • The «7ti{ie« are in the original. Ilor Mn,joK*y'n liuvr .1.1 |,|„|,,,|| thai innp'oNlinii iiKi,,iiniilN„| H,,, I'niloil Sl.itoN onlKiilr till, mm ill] which Ihoy olaim imv/h,.,V, jmiMij,, lion, is within Iimhis olivi'n Tin' Trial\ only nl'i !>■ In ijiiis|i„ii, 1 which had ariNoii nl ilK ilnic; mil I IhoHoinoh; '■ d noi'laiiiiN 1 Nt.ii.lini; lu'vond tho N|ioi itii ij ,111 n. 11 , 1'^iii'il SI.'ili'H iitily clniiii In Imld ,1,1,11,11 Hill ioii i.r |(i'liriiiKS(«a lor |,i,,l,.cliimiil'llii> rni'-HoiilH. ^. ^ lliiilnl Hliilim' ( 'nNi<, A|i|ic:}. Ibid., |i. JIM. i^.irt.ni i Ibid., |). 2ll.'> It.i.l.p.lior. Ibid., p. :107. 79 tlio wutci'H mftoMiiotm of tliu Uniti'd StntoN." Tlio wriliM' ]iroccu(U in Mm hiiiiih (l(!H|inl,cli : — "'Tlio ropdivtdd iiHNiMiioiiH ♦Imf. tlio Oftvoniiiicnt of llio lliiitod Ht.ntoN ddiiimidM tlmt tlio MolirltiK Ncii Im pro- noniiond imtvf vlnmim, iwvi without foiiiidiitioii, Tho (iovoriiitiinit liiiM iii'vor cliiiiiuid it, mid iiovdr dcNircd it. It I'Npi'i'i'Mly iliHiivoWH it. At tint HHiiio titiK', tli<< diiitod StiitcM (liMtM not. liKik iiliiiiidiiiit iiiitliority, iiri'ordiii^ to Hid iililoHt cxpoti'.iitN of iiitoviiutioiiul liiw, for holding n Hiniill HiM^tioii of t.lid Holiriiisf Huti for t.lio protdotioii of tliK i'lir-HniilM, ( 'oiitrolliii^ '. I'oiiipiirittivi'ly rcHtricti'd iii'oii of wntor for tlmt oiio HpiM'iilii pitrpono 'h by no iiic'iiiM tlio o;piiviil('iit of dr.diiriiiK tbo Mini, or Hiiy pfirt tlioroof, )»((/■(< i-liiiiHKm," 111 III! ('arlicr piiNsngn in tiic Hftiuc «l(!Hiiiitcll, Mr. HliHiic HtfttcH; — " ir fli'i'iit llritiiiii cHii tiiiiiiitiiiri lii^r iionitioii lliut llcliriiiK Sea ul Hid liiiic of thd trdritioH with ItiiHHiit of IH2'I mid \Hi!i wiin inidiidcd in tlio I'licilid' Oci'iiii, tlio (lovdriiiiidiit of tlid Uiiitdd iStiitdH liiiH no wi^il-^rouiidud I'liiiiii iif.;uiiiHt liur," III rojilyiiig, (III tlio 2]Ht Ffibrunry, 18!M, Tx>rf till! hvhIh ill roRort.iiiK tlioroto, iiivolviM an mwiiinptioii iiH to tlio pro.-icriptioiiM of iiitoriiiitionHl l.iw at tlio proMont liiiio, to wliioli llor MajoBty'H (jovon n'lif aro not jirc- p!irod to iicoodo." Mr. Itlaiiic iiiiswored on the I4ili Acil, I81U, IHoposiiig (iiieKtioii h iit itM prcwni ,i, and Sir .1. rainuxd'ole assented in a Meniuiandinn, dattd the .'{id June, 1891. The cont'.spoMdencfj on the inmhiH vivemli alTords further evidence of the limits of the claim made hj- the United Stat'.'H. On tlic 4th June, 1891, Mr. Wharton, Acting yecretary for the United States, wrote to Sir J. Panncefote, with reference to Ix)rd Salisbury'ij \l : t I ( . ■i 1 ■IP I ; -tr" 80 ^ '-h! requirement that Russia should concur in the modus Vivendi, as follows : — " I am iilso dii'eeted to iviniiul you that tlic coiitontiou between the Uiutcd States nnd Great nriti;iii has been limited to that purt of IJehring Sea eastward of the line of demarcation defl(;ribi'd in our Convention witli Rus- sia. ... It was never supposed by any one representing the Government of the United States in this eorrespon- dence, or by the President, that tlie agrooment for a modus i7'iwi(/i should be broader than the subject of con- teation stated in the correspondence of the respective Govenimonts."' , . , , ., ., , Tiie contention betwcra tin- i,- II 111- •. . '"' I'owerslias been hunt I'd til P|,|,fj|„ Sea cnstwcird of tiic linr (il'il,.,,;,," cation in the Trcaly of l,s(i;_ '} i And on ihe 9th Jiuio, 1891, Mr. Wharton wrote Unittxl States' ii , o- T T. c . 1 .^1 • • Case, Appondix, thus to bir J. Fauncefoto a-- to another provision yo!. i, p. :J12. of the modus Vivendi: — "As to 111.' tliird clause (d' your pr.iposition, I n".i directed to siy that the oontentio:i between the United States nnd (ireat Ihitain lu'.s rel,iti< n solely to the respective rights of (he two Goverinneuts in tlit; waters of Behriug Soa outside of the ordinary territorial limits, and the stijuilations for the co-operation of the twu Governments during thin season have, of course, the same natund limitation." Subject to the above protest, tiie grounds on which this claim to protective jurisdiction is made ■will now be considered. They are four, viz., llio established prinrinles of the common and civil law, the practice of nations, the laws of natural history, and the com- mon interests of mankind. . In what sense the terms "common .and civil law " are hero used, is not very clear. The expression "common law" is technical, and is well understood by tlie lawyers of the United States and Great 15ritain ; but it has no ajjpli- cat.on (o the question now nacler discussion, except in so far as any general ])rinciples can be deduced therefrom. '• Civil law ' is .an expression .sometimes used with reference In "Ivoman law," and sometimes in opposition to the expression *' criminal law." It is probably intended to be used in the latter .sense, but in neither case has it any application here. Tiie rights of nations must be determined by the princijiles of international law. The " practice of nations" is only important .as evidence of tliat Law, thus bringing the ( lim once more to the same test. The law3 of natural history are not materinl to the question of jurisdiction. These laws would United Sintos' be more material to the question of [imperly ^'""'■' P''' "■'^' ^'*^' Four gr.)uiid s ol rlaiiii. 'Common nnd civil lau-. of terms. AK-, Kights of nations nm.st \>v di ti i:,:iiii l>y international law. nt wlmli tli " imictict! of iiaiiiMiK" is i;;i; evidence. Laws of natural histurv i;;\kv;i!; mmfmft M ! "•Oomnion iiiteiests of inaukind"now in iiUMtioii ivre only such as inter* national law recognizes. «i;^!;';Jv'.» Autlioritieu sliow that the ordiimry 3-mile limit itpplies to fiflhin^. Wheiiton's" Inter, imtional Law " (Dana'R rditiuii), Hue. 189. 81 if the question whether sealu are /(rr<9 ; nofitf yb ,. were, seriously in dispute, bi'* ,in all probability , no such contention will arise. Tl\e extraordinary 1^ allegation that seals may in any legitimate sensQ, ' be regarded as dora.estic ' animals will l)e , ^IB". euwed in a subsequent Ghapt6t. The " commOu' interests of mankind" now in question are only! such as internation^ law I'tecognises. '' - ' What then are th'e'iWnciples of iuternational law applicable to the .question? Some hint uf them is contained iu the passage just examined (Contention 2), where " the ordinary Simile iimit," is twice mentioned. Without staying to cite authorities showing that the 3-mile zone is notr commonly regarded by other nations besides the United States as the limit, for most purposes,, oC territorial jurisdiction, the following authorities may be cited as showing that fishing is one of ■ those purposes : -7- . . . ' . Mr. WheatoM, in speakinjr of " those portions of the sea which wasli th- coasts of any particular State, within the distance of a marine league, or as far an a ( anuon-shot will reach from the shore," says :~ . •* The phj'Hiwvl power of exer'^itsiajj; nil uxolusive pro, perty and jurisdiction, and of excluding the action of other nations within those limits, exists to a certain degrgo ; hut tlio moral power may perhaps seeni to extend no furtlier than to exclude the action of other uutiuus to the injury of the State by whieii tliis right is ulainicd. It is upon tliiH gi'ound tliat is founded the acknowk'dged immunity of a neutral State from the exercise of nets of hostility by one belligerent Powei; against another within tlioso limit^i. This plaim has, however, been sometimes extended to exclude otlior nations from thu hmocont nie of the watoi* washing the shores of a particular State in peace and in war, as, for example, for the purpose of }mrticipating in the fiiltery, which is generally appropriated to the subjects of the State within that distance of the coasts. This stechuive vlaim is nanctioiied botli by usage and Convention, and immt lie coiifideretl us forming a part of the positive lata of viitions," :> I' ) t ' R. r. furly-ninu ca!>k8 uf brandy, 3 Hagg., Ad. 267, pp. aS'J, 290. liKt(ll•^■ ir;\ liviiiit. Sir John Nicholl says : — "As between nation and nation, the territorial right may, by a sort of tacit understanding, be extended to 3 miles ; but that rests upon ditferent principles, viz., that their own subjects shall not be disturbed in their f siting, and particidarly in their coasting trade and eomnuuiiea* tion.s liotwcen place and place during war; they would be exposed to danger if hostilities were allowed to be carried on between belligeri'iiis nearer to the shore than 'A miles." [249] M if ft lH"": i M 1 m i ; i'i mmm.. »fWIP|BlffB|iP!PPil!W»!l'»IW"W(.ipP>i 'lfJ!V."|ll'W!y/fi*IJSW' '"^ !■"■■" j'l V. ll't.'i'. (ftfo ••;i d2 '-' Ifi*>'ShMdDn Atnos Bays :-. -■'-' '-' -<«lP6r Boine IiIni^id purpose^, a special right of juriiH ManniDg's"L»w ^otioii and eveii (for a few definite purposes) of gLJuon Ainwf ddminioii,' ig conceded to a State in respect of the part pp. 119, 120. of 'ihe "oceani imniediateiy acyoinihg its own ooabt-liue. Th«'{MurpMe» fbr whi6h this jurisdiotion and doininion baviebeen recognissed are: — (1) tb« ttgulation o/Jithtries; {i) the prevention of frt^uds on customs laws,; . (3)^ the exaction of hnrbour i^ud lighthouse dues;. and (4) the proteotion of the territory from violation in time of yar petween other States. The distanoo from the coast^liue {q Which this qnaUfiod privilege extends has been vari- ously nioasui- ;' the most prevalent distances boing that Ufa canuon-tU • or of h maiiue kague froni the tihoi%." It is Bubiaitted that the authoritieH cited aud Conclusions, arguments brought forward supjrort the proposi- ' »! tion that the sole right of the United States in BntiHhCMe. Aspect of the protection of seals is that incident P- ^^' ^"'P- *^- Vt\^ to territorial possession, including the right to I prevent the subjects of other nations from fishing '''m\ iu territorial waters. i«li The next question to be co-isidered is whether the United States liave a property in the fur- 86al8 frequenting the rribyloff Islands. The following English and United States' authorities arc suflicient to show that animals such as seals are /or(P /ki<«cte; and that, as such, they are jw nullius. '■ "In thingH which are /«(•((• HdiiMw, uoiic can luive un Comyu absolute property. ■ " As in deer, coiiieH."' (U. 7, (Jo. 17 A.) "Nor in hawks, doves, herons, phuabauts, partridges, or other fowls which are ut large and not reclaimed." (10 H. 7, 6, 30.) " Nor in fish at large in the wafer. " » • • • *' Yet, a niun may have a qualified or posBossory pro- perty in them, on if doer, &c., nre tjimc." (7 Co. 17 l>.) " If hawks, (fee, are reclaimed. " So, if pheasants, partridges, or other fowls are tauR'." ♦' So, doves in « dovocotf. «' Yoimg herons, v^-c., in their nests." (7 Co. 17 !>,) " Fitfi in a lank;" &c. " And of such tliingH tame or inclosed, felony may be committed." (7 Co. 18 a.) • » • • " But if deer, fowls, &e., tame or reclaimed, attain their natural liberty, and have no inclination to return, the property shall be lost." (7 Co. 17 l>.) Property ui fur-seals. Seals are ferw nattna; tuid, m sucli, res Hullim, Digest," Tit.,'''ieDB, P., vol. ii, p. 135. ,,; ,11 'WP"i^iPWW^P!PnPWrrWW|l»nW!P^»'»l^lWWP"'^WtiJI^ ''mmimWWWWf BUokitime, edition 186a,vol.ii,v 396. .,,. ;.i'i ,,,... ..\MiH\j4i. Ibid., p. 397. Ibid., p. 308. Ibid , p. 390. .8^ " Other aiiiiiMilH, that nro not of a tniiie nud domeiitiv natiiro, are cither not the <>bje€tn of property at all, or oIho fall under .our other divJHioii, namely,' tluit' of qilaiijii>d,* limited* ox upeeial* property : *hich \b Btiiti bb is not in itit nature permanent, but may sometiineih BubHiot, and at other timeH not Rubsiat." ; " ■■<:. • . ■♦ ■ • , • ■ " A qualified property may Mibnet in animals /nv* natural,' per iuduetriam hominii : by a mt^n'B reclaiming' an^ making them tame by i^rt^ indufttry, i.nd educatioa,; or, by 80 confining them, yathiu. his ov/n immediate power, that they cnnnot escape and vihc their natural liberty." ♦ • • • '' In all tlicHc crcaturcH, r(?clninicd from the wildncBH of their nature, the property is not absolute, but Hefeasiblc ; a property, that may be destroyed if they resi'mo their ancient wildnesB, and are found at largo." . • • • • . ( " A qualified property may also wibtjist with relation to animnls ffrw natitra; ratione impotentUe, on accoimt of their own inability. An, when hawks, herons, or other biuls build in my treetl, or rabbits or otTitr creatures make tt.oir nests or buri'oWa in niy land, ain'd have young ones thei "3 ; I have a qualified property in those young ones till such time as they can fly or ran away, and then my property expires," NoBnggestionin United States' Case that, even in their own law, the role is not aa laid down by Kent. Cent's " Commen- tarici," 9th edition, Boston, 1858, vol. i:, p. 432. " Animals /«rfv naliim; so long as they are reclaimed by the art and power of man, are also tiic 8\ibJoct of n qualified proportj' ; but when they are abandoned, or escape, and return to their natural liberty and ferocitj , without the animus revertendi, the property in them ceases. While this qualified property continues, it is as much under protection of law as any other property, and every invasion of it is redressed in the same manner. " The liifficnlty in ascertaining with precision the application of the law ai-ises fi'om the want of some certain determinate standard or rule, by which to determine when an animal is ferw vel domitw natitrcv, " If an animal belong" * - the class of tame animals, as, for instance, to the class of horses, sheep, or cattle, he is then clearly a subject of absolute property ; bv.t if he belongs to the class of animals which are wild by nature, and owe all their temporary docility to the discipline of man, such as deer, fish, and several kind of fowl, then the animal is the subject of qualified property, and which continues so long only aa the tsmeness and dominion reniuin." Il would seem useless to nmlliply authorities, fts there i»« no suggestion throughout the United * The HitUri nru in the orifr'na'. [249] M 2 ! 1 i i-\l\mm iqPfippqiinifHniRppillllffMillilVk iw]wwni»is*i»w"ii)»wnpvf;ii(j(iiyjnf|j(j, J|li^^||||||il.ll lP(Ul|iln.iW'-'*T"-'"fl''»'''" •84 8t*tes' Case that, even in tU«'ir Awn law, the rule is not as laid down by Kent.' ,. Bt^t independently of. the question whether fur-se^ls at large in l^ehring iSea can be the subjects of property at all, iiu title to tliem is shown. The laws of the United States set out in thA Appendix to their Case iu no way siipix)rt, Tibe view that tlio Govel-nnient have any property in fur-seals. By the Law of the !lrd Marrh, 18«9, called "A llesolntiou more efficiently to prolect the fur-seal in Alaska," it wa.* resolved- ; " that (ho hiaiids of Hi. Pi\Hti()ii dl' prupertv in sottts, no titif to tlicm {h hIkiwi",. Thv United States' lawH odIv rcfiorvo the ifhnih for the Oovoiinnciit United State*' Case, Appendix, vol i, p. J>2. It is to ]h' nott'd that nothing:! is said in this Itesolution alxnit Hehring Soa, or the fur-seals therein. Sijuilurly the Law of the 1st July, 1870, The ItaHHiK power only ii\itlioiii!08n , loa«> ot Uio rifi;ht to taki' t'lir-HealH on the islandH, and hcikI vcuficlK tliero for the skins. called " An Act to prevent the Extermination of ••'>•'•' P- '*'^- Fur-beai"ing Animals in Alaska" (section 4), authorizes a lease of - " the right to oiijjf.igo in tlie business of taking fur-seals on the Islands of St. Paul anil St. George, aiul to send a vessel or vessels to said islands for the skins of suoli seals." Nor have the lessees any rights in the fur-seals swimming in the non-territorial waters of Behring Sea, for their lease, dated the 12th March, 1890, Ibid., p. 106. grants them for a term, in acicordance with the Statute, merely- " tlic exclusive right to engage in thi- business of taking fur-seals on tlio Islands of St. George and St. Paul, in tiie tenitory of Alaska, and to send a vessel or vessels to said islands for the skins of such seals." So lately as the 20th June, 1891, the lessees disclaimed all interest in the present subject of discussion. By a document of that date, thev British Case, protested against the stop which their Govern- " t^ted^Stetes"' ment, in breach of the contract, had put on No. a (1892)," their business by agreeing to the modtis ricendi, saying :— The leasees claim no interest in the, present dispute. I " Said Company assumes tliat the right of the United States or its lessee to take fur-seals on said islands within our unquestioned jurisdiction is beyond dispute, and not '.■* :,'I 'rfi .•Ml II, '* mw- 'f.J!'>«''iitiiuwH|iiuiiy fn)m taking itH lawful quota of Mcul-Hkintt, in in (contravention of the Vested rights of thid (!onipuny, and Hnl>jfH'ti< it to gi'eat I08H. I " If it may he aHHiimod, m Rngland Iium iiMNerted, aud thin Govornmont has denied, tliat tiie eastern portion of Bchring Hea in not the marine tenitory of the United Stated, but in the • hio;li HeaH," the (Company reHpectfuUy RuhniitH tliat it in not vompetent fni' Grout Hrittiiu and tiie llnited Staten alone, or for any other two (lovorn- ments, to ibit fiMliing or taking fiealn on the high HeaH ; and the Company rcHpeetfully points out to the Honourable the Secretary of the Treasury that its righta have Ixjen overlooked by said Agreement between the two OovernmontH, lu that U deprieen the. h»»ee from tattntj teab which it in authorized to take hi/ law and itt Contract with the United Staler, tfierehy inflicting a nevere lone upon said Company, in order to obtain l/ie content of Eugland to arbitrate the question as to the riijht of Canadian poachers lu destroy the Keal industry by peUujic sealinij," i ( 1 i fi voluntary return of the aeals tu eidaadi does not make them the mbject of propertj'. Before cuncludiiig this purtioii of the Chapter it in necessary to say a few words on Contentiou (5.), which has two propositions of fact of a somewhat bold and sweeping character, viz., that the idv ntity of each seal can be established with certainty, and that at all times during its winter migration the seal has a fixed iuteittion or instinct which induces it to return. Assuming, for the sake of argument only, the accuracy of these proposi- tions, they in no way bring the case within the authorities cited above as to tlie conditions under which property is acquired in animals of wild nature : for to do this (1) the seal nmst be identified, not only as coming from the Pribyloff Islands, but as having been tame or reclaimed while there; and (2) its intention must be not only to return to the islands, which even wild aud unreclaimed seals would do of their own accord, but to return to the control and care of tlieir owner. ikjj !^i"»"'^w^* '« n «iui«w*i^Pw nut, uor han any oitixon of liriiinh Umt, th« Uniteil SlatcH, any prwjieriy iit furaeaU until >'' ^*'' '^P* '" thay have bc«ii reduuttl tnto iMwoeRaion, and that the property fo aoquired emlaiwa fit If^ oi^| ap they are retainetl in oi>ntru|l. , .;, OonohiMon. * li^ I'ul I %ll Hi ,-1. ' ' ; It is attempted in tlie United HtatoH' Case to auppurt tbu claim to thu right of proteiUiou in the ftir-itenln oitlnide the ordinary S-niilu lintit, upon the ground tl\at other nationa liave pasaod lawa for tlt« pnrpoHo of protecting aimilar or khidred indiistries (nUnide the ordinary liniita of tetrltorial wafers. Tlu' following list shows the on\vr in which theae laws are treulod in the United States' OaHe andhoro: — , (A.)— Falklatul lalauds. (iBO—Now Zealand. '-^-' ♦'t't'*'" »,h (C.) — Cape of Good Hoiie. (1).)— Clanada. (E.) — Newfoundland. (F.)—Jan Mayen Seal Fishery. (€f.) — Russia:— White and Cnspinn 8«as. (H.) — Urugnay. (L)— Chile. ( J.) — Argentine Republic. (K.)— Japan. (L,)--Hu88ia :— Commander and Itobben .;w ti i, Isbu'ds. (M.)— Ireland. (N.)— Scotland. (O.j— Ceylon. (P.) — Australia. (Q.) — France. (Il)-Italy. , (S.)— Norway. (T.)--Panama. (U.) — Mexico. {A.)—Faliland Islmufs. An Ordinance of 1881 is quoted, enacting strin- gent regulations against seal-hunting between specified dates, " vrithin the limits of this Colony and its dependencie.*." .;j... .. Contoution thnt inlciimiitnial h uHtaliliiihcH till- ri^lit of protc, elainiod. FalklandliilandHLnw h limtto^l«|| Colony and its (U'liondencM j >U. BiiUiib (Niiumia- .'•imtnni' Keniri, p. loa. ill i.,ji|uii^iiii iiip ,piHivnp||ipHP|PiipipMip||||| iluprder tq aMgK^iit t))^l^ ^h« proyitloui pf tbii^ Ordibanuo iutj* w^iidtHl t^ ii9u-,t«rrituri«l W|it«irm Captain JiutUAgtQii, a nayigaUtr aiul neul-buattifi, 'U quot4d «i an autburlty (ur the atateuiMnt ,'".un4er oath" that this Ordinanco tH ouforqvd muttidlB the A-miln limit. It wtU \Mf found, h(>W()v«i', ou rci'()reiu!e tu hii affidavit, that Captain Jtudington uply nweani at to what wai hill " undorftanding " uf lltu Ordinanue ; ' and an to any iuHtanco of I ho onforceiniiut uf thla law agauu4l foralgnoi-N ontHido thu ordinary limit uf juriiHliutiuii, h« uH'erH no ovidcnco wimtevor. . Tho Ordiiiuncc, with rofwrunoo to tlx! uluM« tteadun th«rpby vtitablishtid, cnaclM (Hoct. 1) a^^ foUowH : — . Unitud SUtoii' " No iM'i'Ndii hIiuII kill ni' ()ii|)tiiro, or atioiiii)t t<> kill or Appoudii, veil. I, ciptiipo, miy muiiI irithin lln' fimiln of lliin Colon/f nni iti il<>l>tii interfel'o with the capture of HealH out«ide the ordinary territorial waters. UfitiMh ComniiH. Thin fact is noted in the Jh-itish CommisHiouers' (ionai'i' Rvpnrt, , . p. 160. Kejrorl. (\\,)—.Vew Xi'itluntl. United StutcH' Chm, p, iti. Ibid,, ApptMidix, vol. i, p. 4;w. The next iimlance cited in tlu; United HtateH* OuHu is thut «)f New Zealand. One Imperial and three (Jolonial Ktivtuten of New Zealand are of New Zekland Aot, 18M. Seetion 6 of New Zealand Aot^ 1B87. United SUtee' Case, Appendix, vol. i, p. 437 el ini United StntcH' Caw), p. 223. Ibid,, Appendii, vol i, p. 439. " iiliuoMt unlimited uuthuiity is tlius cuufeireil upon tiio United States' Exotutivo to estjiblish ulcise seasons, and to make ' P' ' Kegulations reiipceting tl'e purchase or solo of fish, including fieals, and pui'iHlnncnt for violation of the law and orders. The definition in the Act of tlie tenn « waters ' indicatoH tliat it applies to tlio entire area of tlie Colony, of which the Houth-oastern (sorner Ih over 700 miles from the coast of Now Zealand, altliough u few smaller islands intervene." This is illustrated by a coloured Map, upon Ibid., Appendix, which are traced imaginary boundaries of the ^" ' '' ''" Colony, which are asserted to be designated in theActof 18C;5. The definition of " waters " iu that Act, upon which the argument rests, is in itself sufficient to prove the error : — *' Wateiti ' [according to the detinitinn] metius any Definition of "wati'vs" in salt, fresh, or brackish watei's in the Colowj, or on the Acts only includes "waters in « coa»t» or bays thereof; includes aiiificial waters, but does thereof" not include waters the property of nny private pei-son." Ibid., p. '438. If '• waters in the Colony " included the ocean to a distance of 700 miles from the shore, it would have l)een unneciessary and absurd to proceed to mention " waters on the coasts or bays " of the Colony. mf^^ ITDiled SUten' 0»M, )). 224. Ibid., Appendii, vol. ii, p. 576. lliid., p. 6»7. wmmmmmmm 88 ^Wi^^PI {0.)—Cap« of Good Hope. It is 8tHteK iiiitl in thn watnni adjacent thoft'to, oxct'pt undtT Ntriiigdiit i-(>giilati()iiH," The evidence ottered in support o( these allegn- tions consists of the following statements ; — W. C. B. Stamp— ' 1 mil told, nUliongli I know nothing about it, that rugiilHtioua of iiuine kind iiave been made in the Colony of the Cape of Good Uopo," Q. Clonier. — The rookeries — •• live ill jioMspHHion or control of it cmnpiiny, hh I whh thou informed, whii-h hnn tlic exchisivo right to take tteulM there. We did not dure to go to thuHO rookeries, becauHe Healing wiih prohibited, and wu would not havo boon allowed to take them iuthe watuw adjacont theru- tti." i 1 i . ^1 I iJi-itiHli ConiiiiiH- MioncrH' RviKirt, p. 194. Ibid., p. 155. (.'ape of Gi>(id Hope Regulations are couiint-d tu the iBlauds. The Kej;nlations in force in this Colony are of the character which appears from the Government Notice which is printed in the Appendix to the Ih-itish OonmiiHsioners' lieport. Hy this Notice all persons are prohibited " from disturbing the seals on the said island " [in Mossel Bay], and are warned from trespassing there. The Government Agent states that there is— " practically no pursuit of tho animals in the water on these coasts The system of killing the seals is the same throughout all tho colonial islands, namely, witli ' clubs,' by men landing in boats." As a matter of fact, the legislation at the Cape of Good Hope is entirely confined to the protection of seals on the islands. ^i r United States' Caw, p. 325. (\\)~('anadii. Turning from the fur-seal to the other varieties of seals, it is alleged in the United States' Case that, as regards the hair-seal in the North Atlantic— "they have thrown about them uijon the high seas the guardiauHJiip . of British statutes Canadian statutes pi-ohibit all persons, without prescribing any marine limit, from disturbii.'g or injuring all sedentary seal fisheries during the time of fishing for seals, or from hindering or frightening the shoals of seals as they enter tho fishery." [249] N n WM»ww-^ipiWWf»Ppp^^pi[Pf^«(RP»CTpp^n— 9P "■miyW''" m Cnnadian Statute The only Canadian Stat'ite referred to is thp (janaciian statute rot'tired to m Fisheries Act of 188C, which wndoubtcdly affects United States' ('as,, a*..,, „„ ■ jurisdictioii (iver toicigners out Canadian subjects upon tl e high seas, and i\ll aide tei-ritorial watois. persons within the territorial wn'.ers of Canada, Umted States' * , . Case, Appendix, but asserts no jurisdiction over foreign subject* vol. i, p. 441. outside those waters. (E.)— Newfoundlaiui. Tlio NowfomidluiKl Lawg The laws of Newfoundland quoted in the United mo i-niwiumuiumci i^awg quoted States' Case are municipal Regulations only, and ^^.^^^ ^^^^^^, "'"" '"'^'^'^ "° «^i«l' "ssertiou, make no assertion of maritime jurisdiction beyond Case, p. 225. the 3-u)iIe limit. (F.) — Jan Mnyen Seal Fisher;/. No commen is necessary upon the International Regulations in force in the ocean fisher}' known as the Jan Mayen Seal Fisliery, because these are admittedly based ujion a Convention between the various nations interested iu *he fisher)-. A full Biitish Commis- account of the natiire and origin of tliese Kegula- pp"i98_2W.'^' ' tions w'U be found in the British Commissioners' I^f'port, pp. 198-203. . . These Regulatiuns are based oi, ConveiitidU. (G.) — Russia : White and Caspian Seas. The Russian laws quoted in the United Stites' Case, p. 228, are merely municipal Regulations, ij„i(,,,i fjd,^, which do not alfect foreigners beyond tlio usually tlasy, p. ■2-2i<. vpccgnized limit of territorial waters. Article ApiKni(iix''v.',i ii XXI of the Russian Code of Prize Law of 18(;9 Pa.ni, p. 21' "' limits the jurisdictional waters of Russia to 3 miles from the shore. So far as the Caspian Sea is concerned, '.' is not regarded by nations as a liigh sea. , ,. Kit^ttia doeo not I'laim beyond territniial jurisiliotio', limits. .>ii' I (II.) — Uriujnay. .«ir..d.vJ.!J,'>J Urnp;iiny Lawn an Tlie laws of Lrnguay which regu. ate the takmg , .1 "t 1 Tl 1 J . .1 fxteud l>evond tenit' 01 seals upon the l.obos islands do not extend Hiitish (-"(.umiis. beyond the ordinary territorial jurisdiction, und sumers' Report, have no application to pelagic sealing bcyr'-.id that Unittd States limit. Seals are taken on tb' islands, and the Coe, p. 229. „ Ibid,, Appendix, State— vol. i, p. 4i9. " does not permit vosaels ot any kind to anclior off nuy of the 8uid inlands, and does not allow any wijykw to bo constructed that might frij^hten tlie seals away." {\.)~('hile. The United States' C.ise says : — "Till) (Jovt'runiei.t* uf (Jhile and the Argentiui' United States' Itfj" ;.ii linvt' also rerenlly p^ven protection to the fur- CnHe, p. 2i\\ ; KlinWIl til I irial limits. iiflpipimwiLHiyiiii i»TWB|^p» >*i,'^J|WM» !^^99P" Uniteil Stftles' Casu, Appendix, vol. ii. p. f 98. 91 seals reBoHiug to their coHMtN in the hope of restoring their almost extei'i limited fookerii'ii." "' The mischief, however, appears to haTe Ueeil entirely done by sealers landing on the rookeries, Mr. Corner states that - ■' if tliero hud be uii Htriut reguhitiuiiM (enforced, allowing us to kill only young ' wigs,' and not to disturl) the breeding seals, I uni ponvineed, and have no d6nbt, that all these rookeries woidd be full of seals to-day." The Chilean law referred to appears to be the Ordinance of the 17th August, 1892, from which the following extracts are made in order to show that the Chilean Government asserts no jurisdic- tion beyond the ordinary 3-mile limit, but is careful to define strictly the limits of the opera* tiou of the Ordinance : — ^1 :i ! il;^i JTlie Chilean Law referred to in United States' Case is limited to coasts, islands, and territorial waters, '• tUif)'*;"^ "M'l'mijitl. '"<• .!>.,' if=))in ' Ordinance reijulutlmj tin; Pursuit ut Sea or on Land of' Seals or Sett-ifolvei, Oilers, and ' Chuiujwigoif' in the Coa»U, Islands, and Territorial Waters of Chile, "Article]. Oiily Chileans and foreigiiere domiciled , , in (^hile are allowed to engage in the pursuit on land (* at sea of seals Or sea-wolveM, otters, and 'chungnngos' in the coasts, islands, u ml territorial waters of the Republig^ as laid down iu Article 611 of the Civil Code. " No ships can engage in the pursuit to which this Ordinance refers excejit those Chilean vessels which are in possession of the qualifications required by the Navi- gation Laws to be consiileied as such, foreign vessels beiiig absolutely prohibited from engaging in this industry. '' Art. 2. For the purposes of this Onliuauce, the coasts, islands, and tfritoriai waters of Chile shall be consitlen.'d as diviiled into as many zones as there are Maritime Governments in the llepubUc. " The extent of each wve shall be that of the respevtiit* Maritime O'oeentment." : ',' , ,., j' iiji !i gi p)i) ; . Acting under powers conferred by the above Ordinance, the Piesidcnt of the Republic on tlw 20th August, 18S)2, decreed that the fishery cif seals — " be suspended for the period of one ,vear in the regioiM included in the Maritime Ooveniments of Chiloe and Magellanes, and on the coasts of the Islands of .hia» FenuvndezV' The general law of Chile as to fisheries ii contained in the Civil Code, where it is enacted :— [249] N 2 I 92 "Article 585, ThinRs which in tlieir uat.iiie iii-e common property, act the product of the high Heas, ftve not subject to any dominion, and no nation, corporation, or, individual ha« any right to monopolize them. Tlie use or ei\joyinent of them is determined among the citizens of any one nation by the laws of that nation, but between different nations by international law." No property in fiRh. "Article 593. The adjacent sea, to a distance of 1 marine league, measured from low-water mark, is the territorial sea, and under the national dominion ; but police administration for the pnrjioses of ihe securitj- of the State or the carrying out of fiscal Regulations, extends to a distance of 4 marine K'nguen. measured in the same manner." Tonitorial sea : 1 mnriiie loagiie. "Article fill. Sea fishing is free, but in the territorial seas the right of fishing is enjoyed only by Chilean citiKens or domiciled foreigners." < '■iD'^h •Ifti f'^\> (J.) — Argentine Republic. ■'•\ xW ■ The Argentine Republic is next referred to in the United States' Case as having " recently given protection to the fur-seals resorting to their ntt'J^I /.M., Argentine Laws are not even alleged (in United States' Case) to have extra-territorial operation on foreigners, coasts." But it is not alleaed tliat the laws have United States' , ., . , .• r • Case, p. 229. aa ex-terntonal operation on loreigners ; nor are the laws tliemselves set forth in the United States' Case or Appendix. •ti+ or -I'^i '.^i"' 4n • ii\int •y'A'' ■i-,h>.u'. ;> 'i f 1 1 U^ -idt v' ! (K.)— Japan. It is also stated that " the Japanese Govern- ment haw taken steps toward the restoration and the preservation of the fur-sr-ls at tlie Kurile ihu. Islands." The extract from Regulations of 1885 referred to by way of verification, and set forth in the Appendix, relates to islands within the United States' Csso, territory of Japan, and no other law is set forth p ''|^'^"' ^'°'" '' or mentioned ; nor is it alleged in the Case that any of the Japanese laws relating to seal lishci ics have an ex-territorial operation. Further, the Uegulations of 18H5 do not appear to be now in force, for the full official Meinorandum supplied ou the 14th December, ISill, by the courtesy Hritixli Commis- ,. ,, T /I . • ' . ' Niiiii?is' Heiinrt, ol the Japanese (iovernment, ni answer to a ,, jgo. Circular asking for " copies of any printed docu- lljit)., p. l.M. ments or Keports referring to tlie fur-seal fisheries, or embodying Regulatiotis provided for these ii.sheries," sets forth " the several Eegula- IljiJ.. p. 164. lions in force at the present time," among which \\io^c nf IHK.'t arc not given ; ami il slatcK lliat itapanese Regulations referred tn United States' Case related only to islands, and are no longer in fnire. I«oaaeseGoveiiiinont8tatethatthei-e ireno means (.!' elieckhig " foreign piwchew" outside terntonftl liinitH. Tlie Russian Resulations apply only t(i toniti>rirtl watere. United States' Cftse, p. 229. 1(3 theie are no niean^ of checking " foreign poachers " " outside the line of territorial limit fixed bv intematioual law.' (|j.) — Riiasid : VommanileF and Hob/ten Islands. The Bussiau Regulations of 1881 are printed at p. 110 of the British Case, and the extent of jurisdiction claimed by Bussia is fully dealt with at pp. 113-117. It is there shown that these Regulations applied only to the " territorial waters of Russia " I! Mill f v\ ■f ' 1^' I ! Tiiereisnobye-lawunder '-The Seal Fisheries Act, 1868," with extra- territorial operation on foreigners. Ibid., p. 2.32. Byc-lawH with such operation are not "made by Uritisn Government uuless pureuunt to Treaty. m.)— Ireland. As to Ireland, the British Government have never assumed to put in force against foreigners any bye-laws made under " The Seal Fisheries Act, 1868," affecting waters outside territorial limits. And although this Act is relied on in the United States' Case as authorizing the asser- tion of jurisdiction over foreigners outside those limits, no bye-law having that effect exists, and it would be contrary to the practice of the British Government that any such bye-laws should be made, unless in pursuance of some Treaty with the Power whose subjects may be affected. I t Similar remarks here. Ibid, i)^.) -Scotland. , ; . Similar remarks apply to " Tlie Scotcli Herring Fishery Act of 186!)," and to all other Acts of the British Parliament which, in terms not ex- pressly limited to British subjects, authorize fishery bye-laws affecting non-territorial waters. Tlif titlf (if tliu Hritish Government to tlic ('cyioii poarl fiHheries is |M'cscri|itivi'i Ibid., p. 2.33. (0.)— rvy<,». The legislation affecting tlu- pearl lisheries oi' Ceylon is relied on in the Case of the United States as an example of the exercise of ex-terri- torial jurisdiction upon the high seaa ITie claim of Ceylon is not to an exceptional extent of water forming part of the high seas as hioidental to the territorial .sovereignty of the island, but is a claim to the products of certain subnieroed portions of land, which have been Ironteil iVdUi lime innno- wmmm rnmimim. mmmm 94 iporlal by the .successive Rulers of the island as subjects of property anil jurisdiction. {l'.)—Aitiitralio. The Australian I'earl Fishery Acts are con- Austiiilinn ActBaroliinitidtoBritinli fessedly limited in their operation to British la a. ^^^, mhiwt^. subjects. Case, p. 234. {Q.}— France. As to France, the United States' Case say* Ibid., p. 235. that the Decree of the 10th May, 1862— went so far as to provide in terms that under certani circumstances fishing might be prohibited over ureas of the sea beyond 3 miles from shore." V. ■\l .■!i:t /v This Decree, of which Article 2 only is set forth in the Appendix to the United States' Case, is given at length in the Appendix to this Counter- Case. Article 1 has the following paragraph: — " Lcs pecheurs sout tenus d'observcr, dans les mere situees entre les cotes tic France et cellos du Royaumo- Uni de la Grande-Bretagno ct d'Irlande, les prescrip- tions de la Convention du 2 Aoftt, 1835>, et du Regle- ment International du 23 Juin, 1843," This shows that French subjects only are affected ; for the Government did, and could, bind its subjects only by the Convention of 183y. .!WK-!dm Article 2 is as follows : — '' SiU' la domando des prud'hommes des pccheiu's, do leure delegucs et, a defaut, des syndics des gens do mor, certaincs peclies pcuvent ctre temporairement interdites sur une etendue de mer au deld de 3 milles du littoral, si cctte mcsiu'o est commandee pur I'interet de la ('on- sorVation des fouds on de la pfiche de poissons de passage. "L'Arreto d'interdiction est pris par le Pr^fet Mari- time." , It is not alleged in the United States' Case that the power thus given has been acted on as against foreigners, and it is submitted that Article 2 was not intended to authorize bye-laws affecting foreigners beyond territorial limits. The construction which supposes the Decree to apply to foreigners assumes it to assert an authority to prohibit tishing to all nations, unlimited in the selection of the kinds of fish to which the prohibition may apply, either as to their being " located " near French coasts, or as to their being those in which France has " an Appendix, vol. p. in. ' ■"■irir^i mmmHmmmmKBmKmmi 96 ' "ft interest, an industry, and a commerce ; " and assumes that the prohibition may extend to mere " fishes of passage," in which the interest of France is only that which it hm in common with other nations, and may apply to every part of the high seas. Assuming the Decree confined to French sub- jects, no difficulty is caused by this abse''"° of restriction. If extended to foreigners, it goes beyond anything for which the United States con- tend even in the present case. If all nations made corresponding laws, some as to one fish and some as to another, giving effect to the same by " neces- sary measures " and " reasonable force," the dangers of the sea would be aggravated in no slight degree. Francf only le^BlateH for foreigiiciK The extent to which France claim to legislate within 3 railos.^^^^ ^^^ _ j-^,. foreign fishermen is now regulated by the Law p. 113. ' ■' of the 1st March, 1888. Article 1 says : — '• Lii pr-clu' est interdite mix Ijateaux t''traiigorH duiw leH ciiux territorialcs de la Frniice i-t do TAlgcrio, eu de^ii d'uiio limiti' qui oRt fixeo Ji 3 inillcs marins an ■ 1 V >:o\>'f'. largo do la laisHc (1p l»a»H<» nier." I .Slati'iiieiit ill riiitnd States' Cane as to Algerian coriil tisherieR ih not YL'iiliL'd by jiarticiilai'H or cvidiiiii'c. United State Case, p. 235. Ibid. Ibid., Appendix, vol. i, p. iro. The United States' Case proceeds : — " NunitTfiiis laws have also bci^n enactod by Fi'aiiue to protect and vogiilate the t'oiul fiHlicvies of Algeria, botli aH to natives and foreigiiers, and the coral beds Mi> regulated extend at wmie ))ointH iw far as 7 miles into the Rea." This is not verified by piiiticnlF's or evidence. {iq—IUd!/. The United States' Case, after setting forth that there tire coral beds at various distances exceeding 3 miles from the coasts of Sicily and Sardinia, says : — " At present all coial liHliiiig is proliihited on tlieRe liaiikn liy Royal Decivo, for a deisignated period." The first of the laws set out in the Appendix, viz., that of the 4th March, 1877 (Article 1), says : — "The proHOut law legiilateB the fisheries in the waters of the public domain, and in the temtorial sea. . . . Tile proviwioiiH contained in the Merchant Marine Code, and in other lawH relating to the water police and navigation, remain inichanged, as regards the treatment of foreigners, and as regards grants in the pnblic domain and the territorial sea," mmm. m 96 The provisions referred to in the Merchant Marine Code and elsewhere are not given ; nor does the United States' f!ase say that foreigne'-s have ever been exxlnded in practice iVom the fisheries in question ; or show that, as matter of construction, the alleged prohibition applic's to any but Italian subjecls. Foroignert not shown to lie «>x(-lii^,j from Italian coml liHlic.riiii,. > 1 (H.) — Normal/. As to Norway, the United Stales' Case says that United StateH* the principle of Contention (:3.) is recognized in a ^ *"'• P' ^'**'' Statute for the protection of whales, " in Vnranger Fiiird, an arm of the open sea about S2 marine miles iii v idth." There is nothinfi in the Nor- wegian laws set foitli ill the Appendix to the United States" Case to show tlial. they apply to foreigners at all. If they do. tlien, as regards Varanger Fiiird, the ([ucstiou may be whether or not it belongs to the " inner waters " of Norway. • Nor weRittu Laws not nIiowh tuiinnlv to foruigni^i-H at nil. ! ' -ii li ^r ) — Pdiiiiiiiii. The law of I'anama next referred to applies, and Nor luo I'muiniii I; is alleged to apply, only to pearl li.sheries, -^^ to the title or want of title to wliit^b, or their | ok- imity to islands ur const, or whether in inland waters, nothing is said. Nor is there anything to show that I lie law in question applies to foreigners. The assertion ill I lie United Htates' Case as to Tlio area affected I ly law ii ir . 1 1 .1 1 • ill '8 "O*^ Hhown hy cvni the area allected by tlie law is unsupported by United Stutoa' evidence ; and ii will be observed that the Map Cnse, Appendix, ..IT. 1 c 1 • ■ 1 i T vol. i, p. 'V84. oi the laiiama penri fislienes m the Appendix does not purport to come from the Fiinaina Governmeul but to be "prcjiared at the office of the United Slates" Coast and t^eodetic Hurvey."' From what materials it was so prepared is not ex- plained ; and as it refers to a Decree of 1 890, and is not dated, it n'lay be supposed to have been made for exhibition to the Tribunal of Arbitra- tion. referred to k'lice. {V.^—Mcrifo. The facts stated with reference to these pearl fisheries are not verified bv evidence. The Mexican ,, . , •' Ibul., p. 489. Regulations appear only to refer to " the waters of the Republic ;" and even then foreigners are ad- mitted to the fisheries on complying with certain Regulations as to registration and payment of ton- Ibid., jtp. 491, 49ii. nage and lighthouse dues. Mexican Regulations ( ily applv to ] terntoriul waiciH, Uiiituil Statud' (/HBO, Appumlii, vol. i, note on p. 492. Apperdix, vol. i, p. ur.. 97 It i8 worth observing that, although Mexican legishitioii is adduced in the United States' Case as an exanipki of the exercise of jurisdiction outside th(^ M-inile limit, yet in setting o\it the Ueguhi- tions of 1874 in the A])|K>ndix, those relating to the boundaries of the lishing districts are omitted. As showing that (ireat Hritiiin lias not con- sented to the exercise of fishery jurisdiction by Mexico beyond th(! ordinary limit, reference may be made to liic Treaty of the 27tii Novendjcr, 1888, between Great IJritain and that country, of wiiitih the last jjaragraph of Article IV is as follows : — " Tlic t wip Coiitrjictiiin I'lirtii'H itHTii- tn consider, ns 11 limit (if tlirir tciritiniiil wiitciM on their lesjiectivr eoiists, the ilisliiii f '.\ iiiiuiiie hnf^iicH reckoned IVoni the line of low-water iimrli. NeverdieleNs, this Mlipuliitiori nIiiiII liuve no ('H'ect, exec'ptinj;^ in wliiit niiiv reliite to the oltscrviiiiee iind nppliciitinh of tin; ('iiHtoiii- liotlNo Ke^iiliitionH iinil tlie meiisiU'CH for iirevtMitiiif; sinilj4;j!;lin};', and riiiiiint hr r.rti'ii'li'tl to oilier i/iie^lioiix of lUi'lt mill criiiiiiiiil jiiri^ lirliiiii or of iiileriiiilioiiiil iiiori- liiiir Idir." li 1 ! i anitnia lawn, l.\iitli"nlii'-i <>!' II iialii nWII Slll> wlidsr |)cr within its |iiiili'(l III kIiiiw tiiiit laws ill alVert none liut itn jirl>, anil I'oreiK'neir smis or pvojiei'ty niav lie li rrilnriai Jiirisilirtinn. In connection with this branch of llio suliject, viz., the scojic and cUcct of tlie Jcoislation of other nations, it is essentia! to kcc]) in mind the well-known rule of international law, that the laws of a nation alHict none but its own sub- jects and the subjects of otlicr nations wliose persons or property luay Ijc wi'l/n its territorial jurisdiction. No nations have more consistently adirined this rule than the United Slates and Orcat Ihitain, aiul a large number of citations might be given establishing this pi'oposition, l)ul a few will sullice. Two distinguished American jurists may be fjuoted. ' . Mr. Sedgwick writes : — .Sedffwiel^, " liilrr- " As a g'eiiernl iinipoKitinn, the rule is good timt no prctaliou iiiiil nation is hoinnl to vesiieet thi' !a\v..i of iniother nation, Apiilication of , . l ■l\ ■ t\ i- •» v Stntulooan.lCo.nt ^''^'''-'P'^ '*" *" l«-'>'«""s '"' prop- rty w.thni the limit,, ot Ijaw," New Yoik. the latter. This is the geiieral rule of our law. nml 18i)7, p. 70. jiij^^ ji,^^ jjj ^|j,, ]„,|o.,,|,g,. of the great eiviliaiis. ' Con- slat, igilur,' says l{o(lonliurg [De Stat., eh. .^, s. 1, p. 7], 'I'.rlrii ierritiiriiim Iryriii illcrre li'iirr Hriiiiiii, iih/iir xi . ftcrril (/iiin, iinpnne ri iioii jxireri, i/iitjijii; lid rcsufit nliilii^ torinii fundament iim, rohiir, el jnnilictio.' ' XiiHinn uttiiiiliim,' says 1'. Voet [Do Stat., >■. t, eh. '2. n. 7, [249] O MS ^^'^^11 I 'i ^: ^iWRPiiiipni 98 p. 124. Id. 130, 138 ; tul. IGGIJ, ' $ive in rem dve in fiernonaniy oi ile ratione juris cifilin serino ingfitiiatiir tese extenilii ultra utatuentis territorium.' Ami s" wxy» Boul- lenois : ' Of Htrict right no Ihwh niiule by a Sovereign have any fon;o or authority except witliin the limit of hifl dominion.' [1 Houllenois Prin. Gen., 6, p. 4.]" Mr. Justice Story states the same proposition as one of the — ' " ' ■ "maxima or axioms wliich constitute the Imsis upon whicli (ill reasonings on the suliject must necessanly . rest, an.nj the object or subject-matter, or history of the enactment, the pre- sumption is that Parhament does not design its Statutes to operate (ju them, beyond the tenitoiial limits of the United Kingdom. They are, therefore, to be read, usually, as if words to that effect had been inserted in them. . . . ." Story, " Commen- taries on tlio Conflict of Laws," 8th edition, by Hijfolow, Iloston. 1883, 8. 20, p. 22. Ibid., p. 21. Ibid., p. 22. Maxwell on the " Interpretation of Statutes," 2nd edition, London, 1883, chap, vi, p. 168. ■ ; " '■* .' ■■■-: ' ..1'^ .'V-.i '•■■■ H Maxwell on the *M " Interpretation of Statntci," '• Suction 2. — Pre»itmption ngntnH a VioUition of 2nd (Hlition, Ijondon. , . . , r 1883, ohnp. vi, JntermitwHHl Lmr. '^' " So it is an adinittril principle of piililii'- ,l--i.-r ■-... .^.,. V- ■.^.■ .... .. -«,*iyv'j -ii- :■;/-• •i»^'..-i-l ,. , . . ■ - *:% - - ■■ ■'.■ui v" L24'J] O 2 {■I i;4 100 CHAPTER VI r. CONSIDKRATION OF AlKKGATIONS OF FaCT I'lJI' KOHWAHI) nv TIIH UxiTKI) STATES IN CON- NEcrioN WITH Point 5 ok Article VI. Section I. — Tlie Fur-seul w a ^[arine Animal, and Pelagic in its Habits. * \i iU' The Uniikh iStatss' Contentions. (1.) CoiiclusionB, United StntoH' Cnse, p. 295 — " Tlint the Ali»nkan f ur-scnl .... ih eMSOiitinlly a Inml animnl, whicli ithovIh to tlie water only for food uiul to avoid the rif^our of winter." (2.) United States' Case, p.jHW-- " That in view of the faets .... it [tlio United States ] has sneh a property in the Alaskan seal herd as the natural product of its soil .... as entitles it to piiHerve the lierd " ^3.) United Slates' Case, p. 90— " From May to November inclusive (the period when the majority of the seals are on land) the mean tempera- ture is 41' and 42° K." (4.) United States' Case, p. 122— "An examination of the table showing the annual killing of seals on St. Paul Island for several years proves con- clusively the prpsencc of seals on the Inlands for at least eight months of the year." (5.) United States' Cnse, p. 123— " The seals evidently consider these islands their solo home, and only leave thom from being forced so to do." Summary ok Hihtisii Repi.t. The statement that the fur-seal is a land animal is wholly unwarranted ; in truth, it is not only marine but pelagic in habit. The statements of witnesses cited in the Case of the United States arc alone suflicieiit to show that the fur. seal is a marine animnl, and no naturalist is found to bold an opinion to ihe contmry. The time in each year during which the fur-seals (or some considerable portion of them) remain on or about tho Pribyloff Islands fiir purposes of repniduction is, in the United States' (^ise, very greatly exaggerated. This is done by means of substituting extreme and ex- ceptional dates for average ones, and by means of com- bining in a single period the several times of stay about the islands of diffei-ent ages and sexes of seals. Statements contained in the Ciiso itself of tho United States, with respect to the arrival and departure of various classes of seals, show that these may spend respectively from three to five and a half months on or about the breeding-islands. liut individual seals (with the ex- ception of the old bulls) frequent the adjacent waters for much of the time of their rerort to the islands, and many young males and virgin females probably do not land at all. Professor J. A. Allen g^ves the average length of slay ash'oreof the Otaridx generally, as about one-third of the year. il it 191 The iriilu«ti'y jfrowiuff ont of tlio taking of fnr-tmlM in d.i. t!i-ibwi RH k '• Hshory " in oHiciiil di>ouinuMtH and acti,. Tliu food of (lie fur-HPitl in ontiivly durived from the gen, nnd little, if any, of it Ih obtaimtd oven in tlio vioinity of tliu IVibylofE Isliindn. Couti'iiti'iiii"'^ 'I'""' ""l'"''^'"-''^*'"**^'''' ()i.',iiiiw\ti>iii iiiiil ImliitH wliolly " ii|)pii80(l til Niicli I'lintfUtion. Siiils li«li-likc ill f'orin, niid linvi- fins, nut t'fot. Tl\e iniiiul assertion above quoted, which appeals in the first lines of the "Conclusions," or snniinin>,' up of the contentions held by the United States, is of a character ho unprecedented, and so entirel}' opposed to everything known respecting the fur-«eals or otlier allied animals, that it is scarcely conceivable tliat it is intended seriously to maintain it. Ir. was certaiidy not to be anticipated that it would be necessary, in opposition to sucli a statement, to point out that the habits and organization of the fur-seal, with that of other pinnipeds (the sub-order to which the furneal belongs), are directly the conver.se of those formulated in the proposition just quoted : — That the fur-seal resorts to the land only for or in coimection with its reproduction ; that its stay upon the land is but temporary, and is governed by the reciuirements of reproduction ; that it remains on or about the land for a portion only of the year ; that, during the remaining, and much the greater, part of e.ach year, it is not only aquatic but pelagic ii. its habit ; that, in connec- tion with this mode of life, its whole form and organization is fitted for existence in the sea ; and that it is provided with fins and not with feet, as indeed is implied by the name of the zoological sub-order under which it is included.* It is s(;aroely necessary to go further than the limits of the Case presented by the United * III the opening piiragraph of his technical characteriza- tion of the animals of the sub-order Pinnipedia, Pi-ofessor Allen givcH the first and most distinctive character as follows : — " Limbs pinniiorm, or modified into swimming oi'gans, and inclosed to or beyond the elbows and knees within the common integument." (" Manual of North American Pinnipeds," p. 3.) Professor Sir W. H. Flower, K.C.B., F.R.S., similarly places this character first, writing : — " These [the Pinnipcdli] differ from the rest of the Carni- rora mainly in the structure of their limbs, which are modi- fied for aquatic progression, — the two proximal segments being very short and partially enveloped in the general integument of the body, while the third segment, especially in the hinder extremities, is elongated, expanded, and webbed." (" Ency- clopaedia Britanuica," vol. xy. — " Study of Mammals," Flower and Lydcklcer.) |V if' m. m :h States, to (liMprove the aM^ertiou juHt alluded Unit«l NtiiitH* to:-- tliiis, on p. I'lh el sfq., evidence ih cited to sliow tliat "during their luif^rution," or, in other words, duriiij^ that "greater part of the year in wliicli t!»e iMiimal in not found upon the rribyloil or other bi-'edinji-islauds, tlio fur-senl never lands, and does not even freipient " iidanil wattrs " — that, in effect, it is peiagii" in its habit of life. The lads contained in the Report of tlic British Coininissionors, and evidence contained hi the Appendix to tliia Oounter-Case, sliow lliat the seal does occasionally land even diirlnj; the winter months on the coasts of Hritisli Columbia, and that it also still at times frefpients the sheltered <'hannels and s(ra*its of that coast ; but the accuracy of the general statement that the fur- seal is pelagic in its mode of life cannot j)roperly be disputed. It may be necessary, however, in view of the confident assertion by the United States that the fur-seal is "essentially a land animal;" and the Ibid., p. 295. dependent suggested inference that the United St;ites li:is some property right in the fur-seal as "'■^'•i !*• •"^'"• "the natural product of its .soil, made chiefly available by its ))rotection and expenditure;" to adduce .some further evidenc!;) as to the marine or pelagic nature of the animal. Profcs.sor J. A. Allen, the Curator of the American Museum of Natural History, is specially referred to and relied upon in the United States' C'ase ill connection with the natural history of the fur-seal. He is well known to naturalists from his excellent "Monograph on the North ^^J^^^";; ,yj5",'.ti, American Pinnipeds." It is therefore of impor- AmcTicau Piimi- , . 1 • , • .1 pptls," Wasliiiii'toii, tance to (jii()te Die terms in which, in tlie mono- igno, p. 1. graph named, he characterizes this group of animals. He writes: — Itini'ly laiuls o.xcupt on i| ,.,,.,. plilco. All uiitiiiii'itii'.-i ■lii^s I III t'in-Kci iiiiii'ine. iiiit tiirisiii;il. Prot'essor .1. .\. .MI'u in |ii- •• Miiii(>j;'rii|i|i." )' II ■' Tlic /'iiiiiipetls (ir J'!niii/ie liti, enihraciiig the .Si'iils anil WahuscH, iiro coiiiiiinuly reeogiiizoil by ivcont KyHtciimtic writcvH as ccmstitutiiif;- ii suh-didcr of the order /■'(■!■((■ or CariiivonniH Jtiiniiiials. Thoy nro, in slioi't, tnif ( 'iiniivoin, iiiodijied for tin aijiiatir e.rinteiice, ami have coiiseqiU'iitly heeii sonietiiiioN ti'vnic(l ' .Anipliibioiis ("ariiivoiii.' 7'/(('(V wliole furiii in nunlijicd for life in l/ie water, iihicli r/eiin'itt Is their true lioiiu: Here the;/ ditiplaii i'.rlri')iii' iictirili/, Iiiit on land tln'ir niocen)cnl» are fonjineil and iibonred. Tltei/ conseijuentli/ rarely kare the water, and generally only for nhort periods, and are never found to move vidiinturili/ mors than a few i/nril-i from the shore., JJke the other marine Mammalia, the Cetacea and Sirenia ■ {Whalen, Dolphins, Porpoises, Manatees, ^r.), their boditS' are }norc or less fish-like i)i qenerul form, and their Umbs are- All(>n'« " Monti- ftmpli of North Aini'rH'nii I'iiiiii- pedM," p. 1. I'lul'.'wir .1. A. AlliMi ill |{('liiirt. Imn H|i('i'iiil United StiitoH' CaM', Ap|)t>n(lix, vol. i, p. Mti7. 1)1. W. H. Dull. I*iiciti(! Coast I'ilot ; CoiiBt I'ilot of Alaska, Appendix I, p. .')5. Sii W. II. l'|„wer. K.C.13., F.li.«, 103 tran»/o-rmnl inUi 'irimmiiiff oriinun. At their iiniiit iiiii>lU», ihry are jin-footM. OmiiTnlly Npcikkiii^:, ''>•' 'x'«Jy •n*y 1)1' t'lin'imivil f<> two roiu H joini'il IxiHiilly Ill I'oiitraHtiiig tlifiii with tlio oi-ilimiiy or torri'htriul iiiiiiii- iiihIh, wi' iiotu tlmt tlui l)i)tly Ih only oxii'iitioniiUy I'ltiHcil, aiitl tho liiiitm nvi^ conliuiMl within the coinnioii ilitoKUiiiciit to licyoiid tile kiii't'H uiiil cIIiowh, uml tire hmre to i'lili/ II uliijhl ileyree nirfirfulilf for lerrtnlrial liicoinotioii " Tho I'.xiMliii^ I*iiiiii|ii'ilH I'liiitiiiii thrco vi-ry iliHtiiict iiiiiiiii' gi'oupH III' I'aiiiilii'H, iliHoiiiig i|iiitu widely Iroti) oauli otlicr ill iiiipoitiiiit rliiinicti'i'H : tlii'Kc arc the WiilntHcH or (h/iiliiniiilii; the cared Heal or tJimiihr, and tlio cnrlcHH (tuiils or Plincidir " T!ie lanvaj's come 'Ui Bln)re, however, for the jmrpowu of aringiiig forth their yo\mLf.'' Caplaiii Bryant, who had long experience in connection with the fur-seals of the I'ribylofr Islands, and whose evidence, contained in a very recei't statement n\adp by liini in connection with the present Arbitrniion, is prominently i[iioted in the (.ase of tiie United Stales, aiso writes as fol- lows , — '• Tlie fin-sials resort to tiie I'riliyhff lsliinnrj)oHe of rejirodnt'- tion. TliOMO sharing in these dnlies in'ei ssarily reniaiii on or iioir tiio shore until the young are able to take to the water." The fact that fur-seals arc capable of a cevtaiu freedom of niolioji while on the land is largely the result of the greater power of acdve motion wliich charge tcizes these animals at all times and which is equally or even marc; nmriccil at se,"., where in ijarlicular the dolphin-like leaps of the fur-seals Iv.ve been frecpiently noted as entirely dilTerent from anything in the more leisurely and heavy mode of progression of 'he liaii' seals or walruses. In this particulai'conncci ion it may be of interest further to (ph>te Mr. TI. W, Elliotl, tiie United States' Special Agent. His observalions re.si)ectin?j' the fisli-like ar. 1 essentially a([uatic habit of the fur-seals are as t\ ''oas : — .'in Ciiptain Illy; S.■al^- I'l sort l^uolrd ill Allen h • I'liper oil the Ka.vd S«ils." Hi:li. AIiis. ('(imp. Ziiol., v.i'. ii. No. 1, p. fl.V .VlllMl's " Moild- j;i'a|ili (if Xorlli Americim I'iiini- I»,'(lh," p. 187. b'lowur, ■' Kncyclo- mrdia Uritaniiitii.' V,,:. >;v pp. tW, U:!. i;ilioit, -'UailiMl Suites' C'ctisiis Kopin-t," pp. 45, lti3. to I'ril.y rl>l'ii(ll1cti l..|lsM,:,.K .^:r. II. w. Kiiicii. M '■ riicy all swim r.-qiidly. with tlie cxi-eiition of tlie jnips, and may he said fo diit mider the w.iter with the Ibid., p. I'l. Velocity ;;f :i ''!;■.( on llic v ing; as they s\,iin llicy are invariably suhinorged, mining along lioriz nitally about '1 or ;i feet 'lel'iw the Mi.faee, guiding their course with the liiml Hipp 'rs as liyan oar, and i>id[>elliiig th(niscl\es Rolely by the fore ieet. rising to br' atlie I't intervals which are either very IVe(inenl or else i^w wide ap.irt that it is iinpossible to see the speeding animal when he lises a' second tiino. " IIo\. long they can remain under water without taking a frcli breath, is a pri^tblcm \\liieh I had not th<.> (•.eart to solve, by ii:8titating a siries of e.Nperiinen. i at the isliMids; b .t fam inclined to think that, if tin irutli were known in regard to their ability of going without • rising to breathe, it would be considered astnmding. Kish-lilve hiihil- i 4: Length ot resort to breeding islantlfl. St„ttmciit« in Uiiiteil States Case (juestioiictl. United States' Cnao p. 90. Ibid., pp. 321, 322. Jbi.l., pp. 122, 12.'?. Fallacies upmi -wliieli erroneous state nients bnBed. 'StiavH" in migration. United States' Case, pp. 3S5, 380. 1 0.-) All tlii'ir Mii)Vi'iuiM(f< in water, wliftlii'r tiu'y aio travelling (o .sonu) clijcc'tivo point or are in sport, arc (juick and ,joyou.-i I'liey sleep iu the water a great deal, too, more than is generally sup-' posed, showing- that they do not coivie on land to ri'st — • Very elearly not." In the Case of the United States very anibiguons and even contradictory statements are made re- specting tlie longtli of time in each year during wliicli tlie fur-seal resorts to iLc laud, a matter wliich it may be presumed is rather an important one in relation to the claim made that it is "essen- tially a land animal."' It is staled in tlie Ca,«ie of the United States that the period when the majority of ihc seals are on Kind is from May to November incUisive. Ill the lieport of tlie United States' Commis- sioners it is again stated that — " The amphibious fur-seals are not oidy intermediate betwetii the liair-scals and terrestrial carnivorous inammalH in structure and means of locomotion, bnt also iu habits, for they Hpend fully half their lives on land." It is elsewhere said that — '•An examination of the table KJuiwing the annual killing of seals mi St. Paul Islaiul fur several ye.ir.s proves conclusively the presence (it seals on the islands for !it least eight munths of the year, and that they have, in fact, been killed there in evtry month i4' the year." The apparent object of these statements is to show that, f(jr the greater part of each \ca.v, the seals remain ashore upon the breeding islands ; but it is submitted that such statements of a general kind are essentially mislcadiii;', and this f(U' several reasons. As in tlie case of all migratory animals, certain individuals are found to arrive long l)efor(! the mass of their kind in almost every year, while others, either from individual eccentricity or because of .age, weakness, or wounds, are in a similar manner left behind. Such •• strays " should not, however, in ;iny case, be regarded as indica- ting the dates of the period of the arrival and <'eparturc of the main body of animals. The Tables quoted aa Appendix (13) to the Report of the TJnited States' Commissioners, and giving the first arrivals of seals at the Pribyloir Islands for a number of years, show this general rule iu the case of the fur-seal : and, if the earliest dates of arrival should be accepted as indicating the opening [249J P m 1 1 I ! I ' I ! n ' > ■•! 1 : '! ,r fU >. i ■ '¥ of the periods ot arrival »»'>'>»Hje8 possible to make general statements which, thou-^fu in a measure based on facr, convey no real idea of the average time spent by the seak npoi the laud. For this feasoii it will be founhe l)articular8 given m tii*^ United States' Cswe a» ^ the dates of the avri-v^ and departure of tli^- various sexes and ages i** -seala do no' correspond with the above-quoted ^n«»«j« .Hv? would make the stay of the bulls about the islands from three to four months. The cows, it is stated — "begin to appear toward the latter part of May or let Juno ; " while — " the great majority, however, do not haul up until the latter part of June : and tlf arrivals continue until tlie middle of July." PiM^- '■ ■■-■■ «l They are stated to remain on the islands till Ibid., p 120. about the middle of November. Thus, as au ex- treme limit for tlie stay of the cows, the above shows a period of four months to five months and a half. Similarly the " bachelors," or young male seals, are said to — Cows, 4 to H loontLs ; " begin to arrive in the vicinity of the islands soon Ibid, after the I'lills have taken up their positions upon tho rookeries, l)at the groatf>r number npposr toward tho latter pnrt of May." In regard to tlie departure of tliis class, it is said that this— "generally takes place at the siuue tiiii' the cows and Ibid., p. 12'^. pups leave tho islanils, though ii fe- achelors nlways are found after that period." Bachelore, H months at most. Evidence given in United States' Case shows KtiU shorter resort to breeding islands. Mr. Fowler. 107 So that, as an extreme limit of time lor the stay of the Ijachelors, we have, according to the statements here made, about ave months and a half. But the evidence of those personally familiar with the breedinj^ islands, even that whicli is appended to the United States' Case, invariably gives shorter limits of time for the sojourn of any considerable mimbers of the seals on tlie islands. Thus, Mr. Fowler, the agent, uf tlie lessees, states : — if f Uuited States' ■ The bull seals urn vo mi tlio islands from the hitter Case, Appendix, part of April to Jiuio loth, and most nil of them leave col. II, p. -0. j,j j\j,g„gf „mi Septenilier 'J'he cows eorao t(i the isliinds between .June 1 iind .Inly "20, and eonimence leaving in October The young mule seals from 2 to 5 years old come in May or Jnne The pups are born soon after the eows arrive, and remain until Oetolier or Xnvember.*' A'Ji. «nds for 3 to 4 Jlr. Morttni. Mr. Morton, agent for the lessees, and Treasury A''ent, says : — Ibid., p. 67. •• JJy the middle of Hiptember the systematic urgani- xation of the rookeries is entirely brokci up, and the major part of the sc.tIs liavi^ left the land." ,]. Kotchooten. Jacul) Koichoolen, a native sealer, says : — Ibid., p. 131. "The most f>f the hulls leave the island in September, and the cows in the Inst of Octobor. and early iii Novendier." sr :!r Mr. Morgan. Mr. 'I homas F. Morgan, agent of lessees for nianv veai" : — Ibid., pp, CiJ, 03. •• 'I'he pups which left the island the year hefore have now lieeome 'yearlinf;s.' .... not eoming mi shore until some time in Auj;nKt oi- Septemher The male seal, now called a hull, retmns to the islands about the 1st .May \liout the 1st .\iignst he again takes to the w.itci." I 1 Mr. Fratis. John Fratis, tuenly-lwo years on r^i. L'aul Island : — Ibid., p. Iu8. •• The cows ttjipcar atmnt the Kith .lunc and they arc all on the rookeries ahont the middle of Jnly The bueheltu's eonie in May and they eontiimc coining till .Inly The cows and liachclois begin to b'ave in October and Novemher. lint their going is regulated somewhat by the weather." [249] V 2 i: ! ll • ii 108 Dr. L. A. Noyes, agent of lessees : — Pf. NoyeB. "From the time tlu- IhiHn haul out. in May till tlicy Unitud States' loave in Soptomber," &c. voriL^J^'sT'''*' Mr. Falconer, Treasnry Agent : — Jlr. Fnlonuei-. " He [the bull NoalJ has rome earlier than formerly to Ibid., p. 166. the islauflB, Imviiig- arrived in May They de- part iu Augast and Soptoinbi'r." Even these statemouts do m.t pr perly reprosent Iciigtli i,f stav !!t main body of si-aJK. All tiio above pei'ioils of slay on the islands would, however, be very materially reduced if tl'.e period of slay of the main body of seals of each class were alone taken into account ; and it is juorcovcr to bi' remembered that, as above staled, tliey refer only to the periods during wliicii llse seals are found on or about the islands. As .1 matter of fact, the old bulls are the only seals which remain continuously for any lengthened period a-jhore, all other classes spend- ing a consideral)le portion of the time in the adjacent water. It is besides more than probable that many of the bachelors, as well as the virgin Bn'ish Commis- ' ° sioncrs Report, cows, if they haul out upon the islands at all, do pp. 14, 76. BO for very brief periods only. In fact, the evidence proves that the diflerent Maynard, 44tli , p , 1 • , 1 ,.^ Congress, 1st classes 01 seals resort to the islands at diflerent Scss., H. R., Ex. dates and for dillerent periods. Moreover, of ^""^ ^^" I';*,- ., , , ' . ' Individual weals, mur the classes that are ashore, with the exception of the breeding seals, it is probable that at least one-third of their number are at any given time disporting themselves in the waters imme- diately adjacent to the rookeries. But while it is true to say that the great body of the seals commence to come ashore in May and June, and to leave in September and October, it will be seen I'lat no single class of seals resorts to the shore for tlu; argregate period thus imjudi'd. In fad. Professor J. A. Allen, in his article United States' specially prepared for tlu- United tr^tales' I'ase, v„Ti, p'Trlf '' says of the eared .seals (Olnridw) generally: — PDVl'V, BpOlirl much time in the watiT oven whiL. at the iplaiidn. '•Tliry arc |i.piyg,uii>Mis, and rcsmt tu tliu land to breed, wlurr tliry Npeiid nliiiO'' <\iiUiniioit!/ iihout one- t/iini (if l/ii' uiKi:" I'riifesmr Allen gives 4 inuiitbsaj average time of resiilcncu. 1 'lilted 8tates\'i)iiteuti()iia8t(ilt'iipb It is thus est;iljli>hwl that on the data as given in the Case of the United States im stale- ofstay thusdispr-Medbyevidm. ^ , ,„ , , , , ui United States Case, nient to the ellect that the lur-.seal spends even Uniie.l Stute.i' half of the y.'ar .ashcre can he sidwiantiatcd. !v';;f - I'P' •>»-'-'• ;i'J2, i ..j Actual Ipngth of resort to broedinc: islands. British Conimis- sioners' Report, para. 30. tiial industry, in all Static piiMica- tiousof tlio United States and Acts (ifC'ongrc'SB, callinl a fishery. Uuited States' CaHc, p. .'JOO 109 From a study of ilit- nio.st truslworlliy piib- lislied observatioiisi, notably those of Bryant, Elliott, and Maynard (writers wlio, in framing their oHi(;ial Eeporl.s, had no reason I'or unduly limiting or extending the period during which tlie fur-seal naturally resorts to the laud), the British Oonunissioiun-s report as follows: — " Witli ri't'crt'iici' to tlie lt'iij;'tli ol' tin,' poriod dining wliicli the fur-stnls rosort fo tiio shore:— tlio lircoding ninU'H jjogiii to Mrrive nt the I'rihylotVIshiiidH at varying dates in May, and remain uontinuously ashore I'or about threo niontjis, ;il'tcr whicii thoy are freed from all iluties on tlio breeding rookeries, and oidy oeea- Kionally retiu'n to the mIlmi's, Tiio brooding fenn\lcs arrive for tlu^ most pur' nearly a month later, bearing their young inniiediatv'ly on landing, and remaining ashore, jealously guarded by the males, for several weeks after wliieh they take every oiipovtuiiity to plaj' in tlio watur closr iil 'Ug tlio i'cac'ius, and about a month lati'r they alNo btgin to leav.i .he islands in search of food, and migrafo fo their wintm' habitat. The young males and the young fi'males eonio ashore later than the breeding seals, and at more irregular dates, and "haul out' by themselves. Lastly, the pnjia of the year, born in June juid July, eonnnonco to ' pod,' or herd together away from their nuithere, towards the middle or end of Aug-ust, and after that frequent the beaches in great numbers, and bathe and swim in the surf. They remain on tlie islands initil October, and even November, being among the last to leave." Details I'cspecting the laiuling and departure of the various classes of seals will be found in paragraphs 174 aiul 188 of the British Commissioners' Report . From the quotations and references given above, it is clear that the fur-seal has never been considered by naturalists " a land animal ; " and almost innumerable citations in support of this statement might be made. It will, however, here be suliicient to show, in addi.ion, that in the (idicial publications and documents of the United States, as a matter of common usage, the industry depending "U the fur-seal has throughout been called a " fi. iie'-y." It is not to be assumed tliht in the choice of this term the fur-seal was supposed to be a " lish " from the standpoint of a zoologist, but rather that its nature and habits clearly show that it is a marine animal, and not a product of the soil, as is now, and for the first time in history, gravely asserted. The industry growing out of the capture of the fur-seal is in ii'i ' f Ml ft I^ 1^^^ if no If ; .41 \4 : i;>3 ■f ? I It: ■I . 11 U effect a " fishery " in a sense analogous to that in which this term is used in ni.T.y other cases, such as the '-whale fishorj'," or the "oyster fishery."' Tn the Appendix, the titles of several Appendix, vol. i Acts of Congress jmuI other olficial do(,'umeuts, ^' ranging in date from 1832 lo 1802, ;i re cited as examples of tluji, in which the industry is in- variably described as a " fishery." It should further be borne in mind that the food u])on which the fur-seal sid)sists is entirely derived from the sea, and no portion of it from the land. The quantity consumed by the seals individually, and also as a whole, is dealt with liiter in this Counter-Case (p. l.")2) ; and it is there shown to amount to many millions of tons annually. It is still fiu'ther worthy of remark that but a small proportinn of tliis food is derived even from the neighbourhood of the Pribyloff Islands, for it is admitted in the United States' Case that tiie l)ulis do not feed during the period in which they reside upon the islands ; and as to the other seals fre- quenting the islands, the British Commissioners were of opinion that they also do not feed whilst on or about the islands. Tn support of this belief Uritisli Commis- , 11.,, , • 1 , .. sioncrs' Report, tliey quote the taci tliat tlie rookeries and hauhng- paras. 242, 243. gi'ound were searched in vain for any traces of excrement, and that, havii'g killed a considerable luimber of seals of all descriptions, and examined the ccntents of their stomachs, no tr.ice of food was foimd. Continued ol)servations in 1S;»2 ^PPfiKlix, vol. i, I'- 144. entirely support this opinion. It is, thercfoi'e, evident that no grounds exist to justify the application to the fur-seal of the designation of land animal, when admittedly it derives its entire sustenance from tlie ocean, and passes there two-third-^, if not m-re. of its exi'^tence. Food entirely derived from th^ lesea Seals do not feed while resorting tr, the breeding-islands. CoucluBiou8. Ill rived from the sea Itoiiii'Htic Aiiinnil. Tin; I'siiKn ST\n>' Custi \rio\s. (1.) I'nilcil Stnlfs' Cnsc, [). 2iKi "Tlio si'rtl is domestic in its lml)its ami iva'lilv tontrolliMl by ninii wliilo (iii tin- laml.'' (2.) United Statt's' Cast', p. l.")!; - "Tlio kiliiii;^ of a porticiii of llio siii-|i1iim iiialo life is iiiidoubtcMlly a biMii'lit to tlic bord. as it is witb otlicf domeslic and ixilygamoas animals.' (Si'j also pp. It" 111 1 .'lO, •• (."iinli'oj iind l)()nll'^(lc■iltion.") SrviMMiv oi l!i;ili~M lii.n.v. Tlionjfb fnr-.>-t'als ai'u to a rei'lain def,'ivocontnillabli' wbcnon land, tliis tr.siilts from tlicir liclpli'fsness wliilo tlicre, and .sucli control lias nolliin};- lo i\'> willi dumustication. 'I'lio seals arc now rcarfal of man, even wlien collected in rreat numbers aslioie: lliouf^b it is pi'obable tbat, wlicn tbeir breeding-|plaecs were lii>l visited, iimorance caused tlieni to be reai-le->. All ideas attaelied lo the word ''domeslic'' arc wnutini^ in tlio case ot'l'urscals. .Man iloos not provide tlieir food ; liis care is at most of a iie^'alive kind, and consists in the avoidanco of acts whicli would tend to drive them wholly away froiu the brccdiuff-islands. They would not suffer, but, on tlio contrary, wonhl prolit by his dopurtui'o from these islands. During tho greater part of the year the seals are wholly removed from the eogiiizanco of persons on the PribylofB Islands; and till very lately Iheir winter haunts wcro not cv(>n known. No scientific evidence can be adduced in support of tho con- tention that the sea" is other than a wild animal; and it is believed tha' no credible eviileiice from any source e:in be rpioled ^o .snch an effeel ' ' I Ulject ct the aHsertioii tlint tho sea The peculiiir claiiii i.inbodicd in tlie above <[UOta- isdomeBtif. j_j,^,„j, {•,.,„„ ^]^^ United f iiccidoiitM, iiiul I'litiidy boyoiid tlio control or pMSNJIilo jirotcctinii ol" thoHo in clmrgi! of tlio lirctMling- iNliiii(lM. 'I'lic iuidiiilH of tlic Hoal-kilk'i's on flic iMlaiidrt ini^ht 1)1' nioililk'd in kind or in dcgivc, Imt tliuir gcncriil tendency coidd not bo rcvevRcd." HritiHli ('oniini,' nIoiuth' Hoporl. |iiinis. ;).">, ;iG. he iiimiuli'n m:il> wnul tliC'KoiHiiinds, the d in'ofit. iiiv iidt fed tlicv loiivc I' llnt extent and condition as it stands in the state of nature, heretofore described. It cannot fail to bo evident, from my detailed narration of the habits and life of the fin-seal on these islands durin<^ so large a part of every year, that could man have the same supervision and control over this animal during the whole season which ho has at his command whih- thuy visit the land, he nnglit causo them to nndtiply and increase, as he would so many cattle, to an in- definite number — only limited by time and the inoaiiB of feeding them. l?ut the case in question, unfortunately, is one where the fur-seal is taken by demands for food, iit least six months out of every year, fur beyond the [240] Q 2 M. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 gBSI 1.1 11.25 2.5 *^ ^ 12.2 2.0 V] K^* ■> '/ Hiotograpiiic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SM (716)S73-4303 \ iV ^ •s^ \\ ^^ :/, no reach or even cngiiiziiiico uf any iimn, whoro it is all lliis time c'xpoBud to many known powLTi'iil and ilcatnie- tivo natural onomien, ami probably many others, equally 80, uiildiown, which prey upon it, and, in accordance with that well recognised law of nature, keeps this Heal life at a certain number— at a figiu'e which has been reached, for ages past, and will continue to he in the future, as far as they now are- -their present maximum limit of increase, namely, between 4,000,000 and 5,000,000 seals, in numd numbers." On anotlier page the same autiior writes : — '•During the winter solstice — between the lapse of United Stiitcs' the antumual, and the verging of the vernal equinoxes J;"'?"* Kei>ort, — in order to get this enormous food B\q)ply, the fur- seals are necessarily ohligi J to disperse over a very large area of fishing ground, ranging throughout the North Pacific. r»,000 miles across between Japan and the Straits of Fuea." On the same subject, Lieutenant W. Maynaiil, United States' navj', in hi.s Special Report of 1874, sajs : — " Hut in reality wo do not even know where they arc Repoi't on Fur-soal r ii • 1 I -1 1 1 ' ii i Fisheries, 4ttli for seven months ni eacli year, wliile we do know that (j„„„ j^j jij^gg they have deadly enemies Our protection of II. R., Ex. Doe. 43, them can only be partial, that is to say, wo can limit f' the ninnbertobo killed, when they are within our reach, and prevent their being disturbed on the breeding rookeries or driven from the islands." Lieuteinnit .\lii\ luuil. i 1 I'} 1 F» ' * *i '1 ■\ 1 '•J•^ ,) V WuM ■ I' It is only (lurin" the course of the present British Commi.s- . ' . sioners' Report, mrpury that the migration routes have been made pmu. 171. known, and the question which liiis been consis- tently asked of .sealers from t lie earliest times has been answered. With reference to this, Professor Allen, writing in 1880, says : — "Of the life of these animals while absent from the " Monograph of islands but little is known, nor is it known where their p?"""? ^{"""'^''^ir. rmnipcdH, p. 410. ]irincipal fc^eding-grounds are." On another page of the same work he writes : — " Except during the season of reproduction, these Ibid., p. 335. animals appear to lead n wandering life, but the extent and direction of their migrations arc not yet well known but where they puss the season of winter is still a matter of conjecture." ProfisS'ir While, therefore, it is admitted that, in the absence of precautions such as to prevent exces- sive disturbance and unlimited killing of seals upon the breeding-islands, these animals might in a few years be practically extirpated or driven from the lie m'mIh thuH iiiurt'ly jrativi'. His niarlici* mitlir iHliiiiils aio ■ .... t.. tli.i •iiiiiiiiii iiijiin joiis In till' iiiiiiniil. See ]i|i. 2tl'> i7 ■■■(j. IJniti'il iStnloH' Sco pp. -S.iH n|'l uriuMti^lllillll tliat tlK'NL'llI j. ;l All il<'>li>' :lllilll.'ll. Uiiiicd Siiiti':,' CiiNn, Appeuili.i, vol. i, p. 37.">. Unitoil Stiitrs' Case, p. l.",0. ll)i.) United States' Cii.se, p. i[)6— " That its [the far-seal'H] course wlien absent from these islands is uniform .and confined principally to waters adjacent. That it never mingles with any other herd .... That at all times when in the water, the identity of each individual can be established with eeitainty, and that nt all times, whether during its short excnmions from the islands in search of food or its longer winter migration, it has a fixed intention, or instinct, which induces it to return thereto." Sr.MMAia OK BiiiTisii Rkply. The word " herd " is aiipliijable to seals (if at all) only when on the islands, and then only to each rookery He|iaialely, or to bodies of seal.^i driven together. It is entirely inceriect and misleading when applied, as in the United Stales' Case, to an indefinite portion of the fnr-spals of the North Pacific, there entitled " the Alaskan seal herd." No distinction, as between the far-sfal!) resorting to the two sides of tlic North Pacific, has heretofore been known to iialnralisl.s; and the distinction now for the first time endeavoured to be established in the Case of the United Stales is wholly nnsup|)orted by naturalists. The alleged distinction is based on the classing of skins by )nr-dealers ; but such classing and the differcnees of price resulting, are no evidence of difference of kind in the far-seal or in other animals. The criteria employed by fur-dealers in classing the skins, though im|iortant in the trade, arc in themselves slight and difficult of definition, and the evidence given in the Case of the United States on this point is confiietiiig. In the particular case of skins from the Pribyloff and (Commander Islands, experienced dealers cclually observe a large percentage of skins from each source which would be classed according to quality as coming from the other. The intermingling of fur-seals frequenting the two sides of the North Pacific is per sc probable. It must at one time have occnrrcd, and no reason can be assigned for its alleged cessation. 119 '• ; ' ( Sach intormin^ling is uither adniittcd to Lo probublo, or is asscHod to DCTHr, liy iiiiitiy {liiiff is h'iowii hy nctiial oxpcrinipiit to have occurred as between tho Isbinds of St. I'uul and St. (ieorffo. The cvidenro (juotc'd in the Casoofthp United Stati-s is alonu (niflicii'nt to show tliat far-svals ^I^>m both HidcH of tliu I'aoific intorrninj^lc, dnrin),' the Hiiinmor, in the vicinity of tho Aleutian Ishinds. Further ovidoncp, now nddnced, shows that iiiterinin^linf^ ocrnrs betwooii tho seals of tho North Pacilicffenemlly, both to the north and to tho south of tho Aleutian Islands. The pi"oposition that (ho identity of individual seals can b« established when at ssa, is absolutely unsupported by evidcneo. \|rlllill::Mll4 ..Ipji'l-lot't'ollti'lltiMll nf I'liit-.l Stiitcs. (ills u-c .i| tlio wMi'il ''licrd. ."» •:■ ( Taking the statements made in the above quotations from tho United State.s' Case, it woidd appear that the position souglit to be maintained in this matter may be outhned as follows :— That there is a distinctively " Alaskan seal herd " which never mingles with other fur-seals. That the identity of each animal can at all times be established with certainty in the water. That the course of the " Alaskan herd " is uniform when absent from the breeding-islands, and is confined principally to waters adjacent to the coasts of the United States, and that at all times the seals have a fixed intention of returning to the Pribyloff Islands. The burden of proof of these general pro])08i- tions devolves ujion the United States. The position indicated is assumed in order to support the theory of an exclusive property in fur-seals. Great importance is apparently attached to it, for it is not only advanced in the opening pages of the lengthei\ed discussion on the conditions of seal life, but is frequently reiterated. " Before entering into any detailed pxamination of the subject dealt with in this Chapter, it is desired lo draw attention to the use here and elsewhere made of the word " heril " as applied to the fur-seals of the eastern part of the North Pacific. This, it is submitted, is a term which connotes characters entirely foreign to the known habits of the animal. If at any time possiLu ) describe the fur-.seals as forming a " herd," this can on)y be when it is found aggregated upon the breeiling-islands ; and even then, in any recognized use of the term, it could be made to apply only to any individual breeding-rookery or hauling- ground, of which upon the Pribyloff Islands alone there are many. !■ I n ISO i i< It is therefore simply a» abuse of language to apply this single term even to the seals wJien upon , , ,1. , . „ See Cnpti>'» the numerous and separate breeding colonies of B,y,.,it's oiv.iiion the PribylofT Islands, and much more so to attempt '''''''",'' ^ ""''■ to denote 'oy it the same animals when, during JJntisli ('(immiH- the greater part of each year, they are found to pi',7ri>oo?l>2l', be scattered over an extent of ocean which '^--■ stretches from the vicinity of the PribylofT Islands to the coast of California— some 3,000 miles — and, to a lesser extent, from one side of the North Pacific to the other. No evidence has been adduced such as to warrant the use of this term, and the justification of its emi)loj'ineut will be sought in vain in the facts brought forward in the Reports of the Commissioners of either the United States or Great Britain. As bearing upon the general contention above stated, it n)ay in the first place be pointed out that naturalist; generally, including those who have devoted special attention to the subject, and who have been most critical and minute in their work of comparison and separation, liave up to the present time found no reason to draw any dis- tinction between the fur-seals taken in the eastern and western parts of the North Pacific. The seals so found have been universally included under a common specific name, and no diflerence even of a sub-specific order lias been found to be tenable as between them. Thus, after referring to the comparaiive want of knowledge of the otaries of the Southern TTeniisphore, Professor J. A. Allen writes: — " Those of the Northern are much botfor known, tlic '■ jMoimffnipli <>f only doubts still existing having relation to those of ^y'^!' ■'\'"V.' '"^jfir Japan. Respect'ng all the others, there has been for i^ > f- • • the last eight years an almost perfect unanimity of opinion, so far as tiie question of species is concerned." Tinuwholiyiinpiili(.',il,l,tn(ii,.,j..,|^ (if Knstcrn I'licilic. XatiiraliHts dniw im lli^tin tween fur-sonls nf U\- NoHli Pacific ; Ctllill sides Tliougli these have Imi^ known. Naturalists differ in opinion whether the fur- seals of the North Pacific should, or should not, be classed as generically different from those of the Southern Oceans, and in consequence of this difference of opinion, the names Otaria ursina and Callorhinus ursinus have been employed to denote the North Pacific fur-seals collectively. By naturalists generally, moreover, the animal in question is referred to as the " Northern fur-seal," or " fur-seal of the North Pacific " (see Flower and Allen, as cited in the margin), and not as the "Alaskan" fur-seal. The United States' Com- missioners, in their Eeport, have, however, in- Sir W. U. Flower. " Encyclopojdiii Britanaica," vol. w, p. 443 ; British Commissioners' Report, Appendix, p. 186. ProfeBsor J. A. Allen, " MoMograpli of North American Pinnipeds," p. 33 ; United States' Case, Appendix, vol. i, p. 3r2. 121 United SUtes' CaMe, p. 319. Uiiiloil States' CominissiouorH and Professor Allen admit upecific ideutity. Ibid., p. 322. riif t'lir-ilealur is depended on as proving distinction drawn in Uuited IStiites' Caoe. Hilt Bkius of Kimc animals taken in (lifffreiil Kurroundings froqiicntly possosB ilifferent ooniniurcial ViillKV. KxiUiii)lt;.s of this. vented still another name, viz., " Bering Sea fur- seal." The attempt, therefore, in the course of the arguments now produced, to evolve a new and special name for application to those fur-seals found in the eastern part of tlie North Pacific, and to denote them as a " herd," must be considered as singularly unfortunate. The United States' Behring Sea Commissioners state that the fur-seal of the North Pacific consti- tutes but a single species, writing : — "The Northern fur -seal (Callorhinus iirainiu) is an inhabitant of Bering Sea and the Sea of Okhotsk, where it breeds on rocky islands. Only four breeding colonies are known, namely, (1) on the Pribilof Islands, belonging to the United States ; (2) on the Commander Islands, belonging to Russia ; (3) on Kobben Reef, belonging to Russia, and (4) on the Kurile Islands, belonging to Japan." Professor J. A. Allen similarly characterizes the " Northern fur-seal " as a whole, as constituting a single species ; and omitting all reference to the existence of the breeding-places on Eobben Reef and the Kurile Islands, defines its habitat as — "the islands in Bering Sea; at present chiefly the Pribilof and Commander Islands, migrating southward in winter along the American coast to California, and along the Asiatic coast to the Kurile Islands." In order, however, to establish the constant difference which it is considered necessary to prove as between the seals found on the two sides of this ocean, not the skilled naturalist, but the fur-dealer and furrier, are chiefly appealed to in the United States' Case. It will, therefore, be appropriate in the first place to ex'vmine the nature of the evidence obtained front such sources. It is a fact very well known and widely recog- nized, that skins even of the same animals taken in different localities under different conditions of climate, and differently handled and cured, are classified very differently from a commercial point of view. This applies to skins of almost all kinds, but is specially noteworthy in the case of such fur-bearing animals as the otter, mink, mar- ten, and beaver. Thus in the Hudson's Bay Company's fur sale .Sec also Appendix, of March, 1891, No. 1 marten skins from Port George, &c., were sold at 235. to 24s., from East Main 20«. to 20s. 6d., from York Fact )ry at 13«., [249] R Ibid., Appendix, vol. i, p. 372. vol. ii, p. 239. ji ; Its i,i'ji* r t 123 Fi.Hl Ibid., i>ii. J'roiii "Xiirth-Wcst"nt 12s. 6(/. to I2s. fti/., ami from Mackenzie IJivor District at ll.«. Oi/. Siiuilnrly, aiul at the same Company's Bale in January 1892, No. 1 beaver-fikins from Fori OporL't' xolti at G2s., fron> Moose l?iver and Kast Main at 45*. C(/. to IT,*., from York Factory at 31)5. (i(/. to 4lA'.,an(l from Mackenzie River l^istrict at 33,v. fi(/. Such (lifleronces in value depend of course upon diflercnccf of coh>ur, den.sity of tlic fur, texture, A;c., observed in tlie skins as brou'dit to ^'n'''''\'*'""i*' , , , . , . • ., Cmc, Appi'iulix. market, the above compansous being in all ca^es vol. ii, i>p "T.t. ." made between No. 1 skins from each district. They arc similar in proportionate amount to tliose (piotcd in reference to the Alaska and Copper (Commander) Islands fur-seal skins.* They occur in this instance, in each case, in animals of the same kind, inhabiting the single connected land area of the northern part of North America, in which intermingling and interbreeding must be «;ontiuually in progress. It is further noteworthy, as an index of the amount to which the mode of treating a skin may afToct its market value, that the " North-west '' skin.<, being those of seals taken at sea, and be- longing, under the contention held in the United States' Case, solely to the same " herd " as those derived from the Pribyloft" Islands, are quoted by the .same witnesses at about half the price of the latter. The evidence actually adduced in the Case of the United States on this particular matter, and in support of the general contention as to the United Stnu« e.ssential difference between the PribyloQ' and *^»"> I'l' '''• • Conuuander Island " herds," may be summarized as follows : — Mr. ir. E. Martin, who is first quoted, and is most definite as to the diilerences in theskin.'i, says that there are marked difVerences between the Copper (Commander) Island catch and that from the Fribyloff Islands. He enumerates these, and adds that they are such as to enable — " any one experienced in handling skiua to distinp-iuHh fill' Olio from the other; " and — " that before tlio skins nro dressed the two may bo roafhly distinguished from each other." • III (lie trade the skins of fur seals derived from tlie Noi-tli Pacific region are divided under the names of " Alasltaii," " Coppers," and " North-wost Catch"; such names rcspee- tirel}- implj'ing that the skins come from the PribyloCf or Commander Islands, or arc taken nt ses, •• the case may be. t'oiiiuiiMcittl viihu'M thiM dii„.,„| sli(j;b( dift'urcnoi'H in I'ur, i|.,| t'dllHtllllt llilVl'l'l'll^l'.^ ollijinl Nnitli-wost " and ".Vlusk.i' nro dift'ercntlv il'lih,.] :'liU'lor of diflforoil('<>8 «( A:;:' adihii'cd ill the I'liitiMl Mm, CiiKc (>u tlio ovidonco d I'lmi :- United States' Case, Appendix, vol. ii, p. .'>()9. t'nllid .Stftte.i' t'liHi", Aiipundii, rul ii, |i. £78. i'" ill I'lir, i,,,| llir,-,,,riii||,|, III I. |>. WO/, '1' •J .M, ••AIlisK,!' . ntlv il("lii„..l. lorLMlCOS nf ^Vi 1 I I'liiti'il M.ii , 1 1 deiioo i>l I'lnii.if. 1 1 1 ■ Ai':ii:il III I >'i iliods (if distinction I'litnl .'ire routrndict busiiifH*"' to iiiaiiiU'r in wliich the Hkiiin nru iliHtinu;uiHli«Ml in dillii'nlt til drRcrilio to Any ]itii holds th;it the difTerenen is .'■iicli as to en'iblc anyone skilled in the business to dis- fi?>.;jiii . TT n .">"1, ."ijl, 508, .M?, Commander Island skms lias a yellower tinge ; n. S. Bevington and H. Poland, that these skins are liffhter in colour ; while, on the other hand, C. W. Price states that both fur and hair are darker; G. Bantle, that the under u-ool is darker ; J, J, Phelan, that the hair is darker; and E. Teichmann, that the top hair is darker. Again, Messrs. C. W, Martin, J. J. Phelan, G. Leibes, H. S. Bevington, H. Poland, and E. Teich- [249] R 2 ibi liiid. pp. ■ ! y I I H I '. \: ! i HI' ; !> i 124 M -J ill mann state that tlie fur in the Commander Island skins is shorter; some, however, making the state- ment general, and others confining it to particular parts of the skin ; while Sneigeroff, the native foreman in charge of the Behring Island rookeries (who has also had experience in the Pribvlofl Islands), states that both the hair and fur of the Commander Island seals is lomjer. Apparentlj' the only general points of difference in which all the witnesses who mention them prac- ticafly agree, is that the Commander Island skins, as received, are narrower toward the neck and flank, and have been on the average smaller than those from the Pribyloff Islands. A list of all the loading buyers of seal-skins in the world is given in the United States' Case, Appendix II, p. 560. They are thirty-nine in number. Of these, as many as possible have been seen, and thirty have actually been interviewed, and their opinions have especially been requested Appendix, vol. ii, on the subject of the alleged differences between '*''■ " skins from the Conmiander Islands and from the Pribyloff Islands, with the result tliat they are unanimous in saying that the only differences which exist are that the fur of the Pribyloff skin grows somewhat closer or denser, that the sizes of Pribyloff consignments run a little larger, and that the flaying and curing in tlieir case is better per- formed ; that these are the distinctions which pro- duce the difference of price ; that, concerning the other alleged variations : as to colour, they have noticed that Coppers were lighter on the average, but that Alaskas have been at times the lighter ; that as to shape of skin and the length of fur, tliey either deny any difference or say it is too trivial for noti(;c. It is also a noteworthy circumstance that Messrs. Lampsoii and Co., who, as London agents of the lessees of both the Pribyloff and Commander Islands, dispose of all seal-skins taken on both groups of islands, up to the year 1887 made no distinction in sale catalogues between Pribyloff Island and Commander Island skins. In that year, for the first time, the words " Alaska " and " Cop- pers " were printed on the catalogues, and since that time also a separate catalogue is produced by Messrs. Lampson for each description. Prior to that date, in March each year, " Alaskas " and •' Coppers " were sold in the same catalogues without any distinction being made on the face of the catalogues. I'urtiicr cvideiiue adihiccd in thU Co!jntcr-CnNo. Difft-reuces so slight that sldns Ir.iin Commandev and Priliylntl' Islamls not ecpnrntelv catiilnyueil till 18H7. Opinion* <>' pclngic Bcalers. Appendix, Tol. ii, pp. 35-38. ('aiifci- ii'figiicd for (liftereiicTH ol nkiiiH. DritiHh C'ommih> iiioncrs' Uoporf, pnro. 4.'i.'>. Indifiiiite mh\ novel o^diiious as to reparation of Honls ot two sides of Pacitii'. rclii-il on in I'liitcil SfntoR C'nse. TliG testimony of tlie more experienced sealers, who hiivc hunted on both »'\dv» of the North Pacific, is alst) generally to the efTcct that tho seals and Keal-skin.s are luidi.stingiiishalilc ; while, when any diflerenre is referred to, it i.s in regard to d<']ith of colcT of fur only, sonic claiming that 'als 1)11 the Asi-.tic side are darker, while others .lay lighter, than tiioso on the American nide. Su(;h dili'ercnces met with in individual catches might very well depend on the dilTerent seasons of the year in which these were made. 8neigf,'ro(r, already (juotcd, attributed the differences which he has noted solely to the longer residence ashon; of the Tribyloir seals, and added that the seals of Kobben Island, in Okhotsk Sea, havt even longer hair and wool than those of the Commander Islands. That the Alaska Commercial Company, which, for many years, was the lessee of botli tho Commander and PribylofT Islands, believed the lower prices obtained for the skins from the former was due to inferior methods of treatment, is shown by the fact that they [at one time sent their most experienced foreman (Webster) from the PribylofT to the Commander Islands to improve the method of handling the skins there. The passages in the United States' Case above noted, are all those which profess to give direct evidence, based on differences in character of the skins, as to the alleged complete distinctness of the seals resorting for breeding purposes to the Commander and Pribylofl" Islands respectively. Tlie opiiiiom of a number of persons are subse- quently (juotcd, but on referring to these, as given in the Appendix to the United States' Case, it will be found that such opinions are not the result of any personal investigation of the actual facts, and are, indeed, chiefly based on the different market values quoted for the two classes of skins, a circumstance which has just been explained. It will further be noted that all the opinions in question have appeared for the first time in connection with the present Case, and date from a very late period in the discussion of the Behring Sea (piestion, being subsequent to the assertion of a claim to a right of property in seals ; and that no such separation of the fur-seals frequent- ing the two sides of the North Pacific has heretofore been asserted. %H ■M i'M I 126 As ngaiiiRt tlio opinions thus now advanced in tlie United States' Case, some examples of publislied stiitcmonts on the same subject, derived from ollieial documents of the United States, and Hhowing a belief in the intermingling' of seals from the two groups of islands, are hero given. Such interchanjio of seals between the various breodinj;-pl:ices may be supposed to occur in two waj's; first, ill corrLSiJondenee with natural and casual events, such as M'inds, currents, and the pursuit of food fishes ; second, in consequence of the disturbance of the breeding-places by man. On the latter point, Scammon, in his well-known work (p. 15"J), sums up tiie result of his ol)serva- tions as follows :- - IVeviouHJy ptiblisli«,| opinioni ■ I'liit.ulStdt.'s'anHini-inn.loffi,.,,:, on iiitfiiniiiKliMif of NniihlVij i ^^"'1 U 4ti m " We inny iiiM, hkcwint.', tVi>ni our own observation, nnd MS tiic cxprossod opiiiii)ii of sever.d oxperioncod Bcidiiif:; innstors. tiitit tht'ir [tlu'seuls] natural niigmfions extend over a i^ieat ("xpanse of ocean; and if they nrc Scimmon'* undnlv distiwl'i'd in tl;cii- favoarite Iminits for several ', ""^. „ Mainmulin, micci'SHivo Hcasors, (iuy are quUo sure to seek some ,, i;,o distant and unkno.vn plneo where they can oongivgate unmolested I'v luun." Strictly iii accordance with the statement HriiisU Commin. made by Captain Scammon is the fact, alluded pnrns.^4:i/423. to in the Ecport of the British Commissioners, that, as a lesult of the excessive slaughter and disturbance occurring on the PribyloU' Islands at the time of their cession to the United States, unprecedented numbers of seals were foimd frequetUing the shores and inlets of the coast of British Columbia. A further reference, with the same meaning, is Dnll's AInskn. found in the following passage from Dr. Dall's ''• *^''' work on Alaska : — " Tiie nuniher of the seal had greatly increased up to 18C8, but in that year not less than 50,000 were killed on St. George's, and 150,000 on St. rifl"*, by the traders. At this rate they would soon bo cxteiininated or driven to the Kmile or Commander Islands." Mr. Elliott, in his Report, after asking a ' ... ' . „ , Census Report, question as to tlie possible acc(assions of se.als to p. C9. the Commander from the PribylofT Islands, replies to his own interrogation as follows : — " Certainly, if the ground ou either Bering or Copper Island, in the CJominandor group, is as well suited for the wants of the breeding fur-seal as is that exliibited •by the Pribilov Islands, then I say confidently that wo < 'apt liti Siainnvm. Mr. Klliott. Utii t'onp;., lit Sl-M., U. 1< . Kx. Doc. No. H:i. pp, 205 d ic'j. 127 limy at any time note a iliiuiiiutiDU Ikm'o. anil fliici a I'ori'ciipoiKUiig a'i)^iiiuutatii)ii there; I'ur I Imvu cliuily mLowii, ill my clmptor un tin- linbiti of iIkho aiiiiiiuls, that tlii-y nru not ho |)iu'tii.'iiliirly iitliulu'd to lliu lospoctivL' ]il!ir'(.'ii M' Ihcir Mrth, but thiit thi'V iiitbur Itiml with au iimtinctivo npiu'ccititiou ut' tlu- IUikhh uf thiit groiiiiil 118 u wholy." The same writer, ill his " IJoport on the Coiuli- lioii of Afl'airti in Alaska," 1S75, iimlor tho head- in;,' " Thouglits upim possible Movemeiit.s of the Fiir-seals in the Future," treats the suLjecl ut some length, reaehing very similar coiielusiong, and adding : — " It in not unlikely that hoiih! Bcasoii mny ocpur when an immcnRC numbur of tho fur-sciilH wliioli linvo lived tbninf>; tho last four or fivpyuurs onthu I'ribihiv laliindn hIkjuIiI bo d'flocfod from their usual tVoding-ruiigc by till.' Bhifting ot 8' . lU ol" fiuh, &e., so as to bring thum arouud quite cloxi.' to the Attiatie scal-grounilH in tho ti]>riug, and the ictiit from tht-su rouki-ricH would ael ua u powcrfu' I uimlai ' for them |p land there, whoro cou- ditioiiB ti.r their breedii's; may bn an favourable an » ll'^BO islands, would be tho effect of opening up tho business, that is, removing tho rostric- tious, so that everybody could go in there aud kill fur- seals?— .4. The probable cfifect would bo to drivo th» seals from these islands to the Russian group. •I4t1i Cong., lit Sess., H. K. Koport 623, p. lo. :l ■ >!■ ' ii 128 " Q. tliiit. in, (liiviiig tlirin from tlio Ainuricaii iHlniids over f(» tlio KiiNHiiin iNliiiulM? — A. Tliut in tlio iiiost probnhio cfrort. TImt wns coiiccdi'il iit tlio tinio by all who Htii(1 tlio quoHtion. SiTivUiry Hontwoli knew th'-^ very woll." Mr. Oco. IJ. Tinglo, li)iig conucctod with the PribylolT Islands in diHeront fajjacitios, also said '2,„/,SoBs.f 11. H. before llic said Coniniiltee :— Hoport •.ma, p. i«4. Mr. Tiiigli;. X 1 ,1rH " Q. What will bo the in'oct if iiioro Htriiigont ineaHuros iiro not fiikon to protect tlio [sinls by the G«)Vcnniioiit ? — .'1. If more Ktrinp'nt nu'iiBuroH nro not taken, it in only a (luoHtion of tiino wlieit tlioHo souIh will bo driven iiltiniiitoly to seek Boniu other homo where they will not be molested. They will not continue to bo harntioed ; and if thiu marauding is continued, they will, in my opinion, either bo gradually exterminated or will leave the islands permanently and hind at some other place. They may go on the Uussiau side." In the .same Report Mr. C. A. Williams, one of the Directors of the Ahvska Commercial Company, makes the following statements, which, tliough now known not to be entirely correct in so far as they appear to relate to the ori(fination of rookeries on the Commander Islands, are worthy of quota- tion : — *' It was supposed at that time [ o.irly in the Russian Ibid., pp. 77, 78. regime] that the commeneoment of seal life on the Islands of Bering and Cojiper probably took place by reason of the indiscriminate killing on those islands, [Pribyloff ] diverting the seal from their usual haunts and making them seek some other localities. " Q. Was there a largo nnniber of seals which loft the Pribilov group and went over to the Russian islands? — .1. You could hardlj- o.xpect them to go in a body. There had hardly been scaling or seal life to any extent on the Commander Islands or Copper and Bering. It had not attracted the attention of the Russians, but af'ttv the indiscriminate killing on tlio Islands ot St. Paul and St. Georgo, it was noticed that seal-life increased rapidly on the other islands, and tho supposition is a natural one that they were diverted from the islands on which they had heretofore been undisturbed and sought other places." Mr. WUliuui8. The statement) mada by Mr. Williams to the United States' Congressi from that 1892 In this latter he says : — sional Committee of 1888 differ very widely ^^"lAPP^^^i^.. , . , . , . . ,. , , , . . vol. 11, pp. 537, S^l. It made ui his deposition of the 2nd April, " There is no intermingling of the herds, and the skins of the two herds of the Pribilof and Commander Islands may be so readily distinguished from each other ||„,iiI.iiv.kIii'W ii I'l-lmii /nrie prolm- liililv cifiiitcriniiigliiig. i'lic rrlalivc imiportion of Reals liuinil on riicli iif tlio PribyloffH vary. aporimi'iital proof of intermingling lulduced. 129 that nn expert, would Imve no (lifTienll.v in at onrci tlirowing ont from tin; (Mitch taken on tlio Commanilor iHlanilH niiy xkioH of (Im I'ribilof iierd, and nVe. Vfrnd; deponent iimlen-tiindH from perHonH wlio liavo liail long experieiiie in llio cMiinination of tlio living animaln lliiit the two lierdH HO differ aH to belong to Hoparatn sjieeieH of llie Hanie genuH, and can readily iio diHtiii- gtiitdicd from each other." TliuH, tlie opinions previously published l)y those who have given tlie greiitest amount of attention to tho habits of the fur-seal of the North Pacific, aresufliclenl to hhow tliat there is a general agree- ment in respect to the primd facie probability of interchange and migration of seals between the principal breeding-places. The known fact that the relative proportions of seals found on Hr. ['aul and St. George Islands of the TribylofT group vary from year to year, is interesting as showing that the animals are by no means aver&e to chiinge their breeding places in acconhance with circumstances. It is now generally admitted that the same seals do not return necessarily or even usually to the same breeding-groiuid year after year. Mr. Elliott cpiotes an experiment made V)y the Russians, in which 100 young males were marked at one locality on St. Paul Island. Next year ?ome of the seals so marked were included in the catch from " every part of the island." In 1870, again, a similar experiment was made on the same island, and, respecting the 100 seals then marked, it is said : — "Of this number, (luring tho summer of 1872, when I was there, the nativeH found in their driving of 7.'i,00<) Heals from tho diflerent liaulinggroundH of St. Paul up to the village killing-grounds, two on Novastoshnali rookery, 10 niiks north of Lukamioii [the point at which tho seals hud been marked], and two or three from English Bay and Tolstoi rookeries, fi miles west by water; one or two were taken on St. George Island, .'!(> miles to the south-cast, and not one from Lukannon was found among those that were driven up from there." The same, or a very similar, experiment is referred to by Captain Bryant. In the Congressional Report on the fur-seal fisheries of Alaska, Dr. H. II. Mclntyre likewise states that — " Tho seals are found indiscriminately on tho two islands; that is, seals l)orn on St. George are found ou H. R Ileport 3883, gt. Paul, and vice vend." p. 128. ' Apart from such definite experiments, and [249] S Census Report, p. 31. 50th Cong., 2nd ScBs., : . it %,l': v. V \ > t , lit 1^ M :1-^ u^ I I 4 ft , 1 130 over wider areas where, so far, such experiments have not been possible, information as to changes in the resort of seals as between one and another of the various breeding-islands in the North Pacific, must depend largely upon the opinions of those who have had occasion to study the habits of the seal, and upon the general facts which such persons have noted. After detailing the above experiments, Mr. Elliott says : — "These exptriiuentK would tend to prove very ':;i'>"'J jit«tC3 1 11.11 . . 1 1 Cunsus H>^i)orl, cogently and eonclusively, tliat when the seals approach „ 31 the islands in the spring, they have nothing in their Sop also iUh minds but a general instinctive appreciation of the h""!! ReDort*" fitness of the land, ns a whole; and no special fondness N,,. 023, pp. 82, 83. or determination to select any one particular spot, not even the place of their birth." It ' i : ■ !1 He then proceeds to point out that the smell of the rookery-grounds constitutes probably the chief incentive to landing. The evidence of the fur-merchants, already referred ti), is also of con.s"'leratle importance in this connection, and goes far to demonstrate beyond doubt that there is both intermingling and interbreeding between the seals frequenting the Pribyloff Islands and those frequenting the Commander Islands, as the following extract will show. William C. B. Stamp, the head oi a fur house established seventy years, and a man with thirty years' experience in the fur-seal business, states as follows : — " In my opinion tliere is no absolute line of demarca- Appendix, vol. ii, tion between the Copper Island skins and Alaskas, and P' ~ in inspecting the consignments mad(i each year from the Prib.vlofT Islands through Messrs. Lampson and Co., I have found a certain percentage of skins, which were fac-sim iles of Copper Island skins, and in the same way in inspecting consignments of Copper Island skins, I have seen skins which, had I seen flieni elsewhere, I Bhould have classed as Alaskas, and also a certain number of tlie intermediate degrees of similarity." This evidence is corroborated by twenty -nine of the principal dealers in fur of the woHd ; and one of them, Mr. Henry Poland, who, besides being a hiembcr of a fur house established 108 years, is a naturalist, and the author of a work on " Fur- bearing Animals," makes the following state- ment : — "That in the dift'erenccs 1 liave observed between Ibid., p. 250. the Alaska and Copper Island seals, there are not the The evidence of f'ur-dL-ul...r.s :,'j cilusively proves iutenningling , seals of both sides of the Pacifi . Aiiil fvoii indicati'K iis anmunf. " Island Life," Wallace, 189(1, pp. 58, 60. IriiiSfccr Allen basow arguiueut in BTipport of United States' conten- tirne on evidence of fiir-dpnlers. 131 eliglitest grounds which would lead one to infer that they were a distinct species, the variations of climate, food, Ac, would be, in my opinion, suflScient to account for the diflTerences I Imvo mentioned. "In saying this, I .speak from the point of view of a naturalist as well as from that of a merchant, and I am of opinion that the seals from the Prihyloff Islands must often migrate to tlic Commander Islands, and rice vemd. A seal would soon lose the differencoR in the changed surroimdings." Nine of the fur merchants give estimates of the number of seals of each class found among consignments of the other class, and state that this amount varies from 20 to 40 per cent. Thus, the existence of a slight average differ- ence recognised bj fur-dealers in their classifica- tion of skins, may be employed as the means of showing the existence, and to a certain extent even the amount, of the intermingling. It is, moreover, quite in accordance with the known facts of geographical distribution to find, in different portions of the range of the same animal, a preponderance of individuals tending toward some difference in size, colour, or other characters, which do not beco ne absolutely peculiar to the district, or constant, unless in the event of the creation of some impassable barrier. In further support of the theory now en- deavoured to be upheld by the United States, according to which there are entirely distinct seal "herds" resorting respectively to the Pribyloff and Commander Islands, and never commingling [to the slightest extent. Professor J. A. Allen (as already mentioned) is also brought forward. In his Eeport specially prepared in support of the Case of the United States, he writes : — UnittJ ."^tatis' "^^ y*^*' c^P®'* naturalists have been unable to make Cn.sc, Appuiuli.'s, a direct comparison of the two animals [t.«., the fur-seals ' '' !*■ ■ resorting to the two groups of islands], but the differences ■•lUeged by furriers as distinguishing the representatives of the two herds point to their being separable as sub- species, in other words, as well-marked geographic phases, and thus necessarily distinct in habitat and migration." Professor Allen does not speak from personal knowledge, even of the kind possible from the examinations of salted skins, but is guided by the conmiercial classification of the skins by furriers, of which the nature and scope has already been pointed out. He has not expressed any similar [249] S 2 < ■ Hi m ^m If ' ' I! if!! \:\'2 opiiiiiin ill pirvious soii'iitilir writings on tlio fm- »vi\\ anti its cuiijicncvs, I'n (liis (iccasioii, \\o\\- I'ViT ^aiul it is lili^^ passajio wiiicii is iiic(ii'|u>ritt«'(l wilh the faso of llu< I'liitoil StiiU's), lio wrilos furtluT as lollows : — •• Tho ('iiinmiiMilfr Isliiiiils lii'i.I is .'viiiiMillv iliHliml I'nitnl Slalrs' 1 i 1' .1 II I I I' I I 11 1 'I'" ('iiw, I' "."' nixt Ht<|>ar:it(' IvKiii tlu' rnliilol iNlaiuls luiil. I n sn|<|ii>Ni' ' that tlu' two lu'ids luiniili', ami tliii( llic saiiii' animal may al oiio limo In- a nu'iulu-r of oiu- licnl aiul at itiii'tlioi' lime I'lllu' ullu-r, is coiilraiy In what is kuuwii «)f tlu' liaiiils nl" luijiiMliiij; aiiiii\:ils in ^^iMU'ial." r i 'J t ill It wouM tlins ajiiioar tlial I'loli'ssor Allen emlofivDurs to rein force aruiinu'iiis ilerivcd tVoin the fr.'ulo classilicalion of skins liy an Mppcal to a t'ovtain so callt'd osfaMislu-il iiriiiciiiii' o( Nalnral History. Hut clsowln'ri' in tin- |)ifs ions scii'iitilii- writinjrs o( tlio sanif anllior, ample oviiloiict' is foiuul that the jirinciiilcs wliicli lie sivks now to apply so rigorously to tlu' fur seal of till' North rneiru'. iliil not prevent him from supposing that this animal iVeiiuented the coast o( Calit'oriiia for bicediiii; purposes, as well as the IVibylolV Islaiuls. In like manner he does not seek, even in the special article annexed to the Case of the United States, to prove that the walrus, the harbourseai, or the sea-lion freipienting opposite sides of l?ehrin>i f>ea do not intermiiii'lo; nor does the application of any such principle lead him to deny that t^tellcr's sea-lion eiiually resorts to Helirinjj !^'ea and the coast of California, there overlapping the range of a totally distinct spo'ies of sea-lion ; and breeding in both places, as well as on intermediate stations of a suitable character. This is, however, a well-known fact, which may be verilied by reference to Allen's Monograph. The United States' Commissioners are also referred to on this point '.n the Case o( the Unitctl States. They write : — Uiiii., p. ati. •• The fur-soaia of the Tribilof Islands do not mix with Ibiit., pp. 323, 324, tbosti of the Coinuinndor and Kmile Islands at any time of the year. In sunimor the two luids remain entirely distinct, separated by a water interval of sovortti liuudred miles; and in their winter migrations tlioso from the I'ribilof Islands follow the American coast in a south-easterly direction, while tliose from the Coin- nmnder and Kurile Islands follow the Siberian and Japan coasts in a south-westerly direction, the two herds being separated in winter by a water interval of several thousand miles. Tliis regularity in the move- ments of the different Iierds is in obedience to the lb endeavonis to hiip|M>il iIik [,, ^.^ appeal to giMieral pr.'ih.HMiuiK Ibit does not eoiisiHlciitly :i|i| these in othi-\ imk^k. The United States' I'miimuwl'min likewise adduce tiicorcliciil nrj'i- ineuts, not the results nl' p. tdjservations. ■i-f iliaradiT of n "Inw' IliHtory. iir Niiliiral AHueiKv of gpncilic difTuroiioo hIiuwh intermingling. I'baraclcr of local diflureucuB fouud ill all auimalH. " Iiland Life," Wallsco, 1890, p. 60. " Animal Colora- tion," Uoddard, 1.13 wc'll-kliowii liiw lliiil miijriiljrii aiiinnilii /iillmr ili/niifn rtmti'A in miijriiliini, nml leliirn ;f,;ir nflfr i/inr In //ic nnmi- jiltiir. Ill Iniiil.' Will- it not I'nr tliiH l.iw tlii'ic would lio no KUili tliiiij; iiK Hliiliilily rif HjH'cicH, for inti'iliriMid- iiij^ mill i'\lHtiMi('i' iinili'i' divcrHc |ili3Hio)^ni|iliii; vnn- ditiollH Would llintldy nil Hlli'lilic cIllinictcTH." 'I'll!' ('(iiiiinissidiK-rs ilicii .■lojiiii icj'c'r (or proDl Ici ilic tidili! (iiU'cii'iiccs la.'iilc ill ciiisNiii" iiiid M'liilio the .skiii.s. It. will lie iiiiliccd l,li;il. in llii.' ni.sc, a.s in thai. of Prui'cs.sor Allen, no iicr.son.il knowlfMlj^i) in rl.'iinicd, and il i.s iii(l(!(Ml known lliiil. tin; llnittMl (Slides' ( loniiiiissioiiciM never vi.sileii the (!om- ni.iiider iNl.'ind.M. NeitJii^r fin^ iiiiy iiuthorilios <|iioted, with the exe('|it,ion of lli(! (^t'm!r;il hIIumIoii ahove iii.'idf? to t.h(! I'liri'lerM' eliLMsiliealion of .skin.s. The whole .st;il(Miieiii is, in fact, a mere ;i ;.^erl,ioIl, which it is (endeavoured to Hiiiiporl. hy reference. (diielly to a " wtdl-knowii law " of natural hislory. The "laws" of natural history in leality em- body merely tins |iur|)ort of the majority of tlie facts observed. Further ob.servations may result in th(! essential ntodificalion of Huch lawH, which, whil(! it is adiuissibli! to refer to thetti by way of analo;^y, cannot bo employed as dcislructive of observations of fact. The existence of some kec,0}.Mii/.e(l difTiinMicc! between tli(! seals fre(iiieiit- ing the two sides of the North Pacific mi;,dit l)e HUch a» to justify a refterence to tlu; la.v here spoken of by way of explanation. lJu» it may be pointed out Iha* there is here no diflertMice of a specific kind refpiiring explanation, nr)r even any proven constant varietal dilHirences ; and that the very absence of such Hpecific diflerence, in accord- ance with the law invoked, f^oes far in itself to prove that inlermingling and interbreedinf; haa been at least sufficiently constant to prevent any such specific diversity from arising. In other words, the natural consequences resulting from separation are not observed. That local difTerences in animals of the same kind occur in conseKjuence of diversity in climate, food, and the environment generally, is well known ; and this has already been shown to be the case in the matter particularly of the skins of 1892, pp. 19, 42, 48. . • r i • i oil '^' certain fur-bearing animals, ouch changes, more over, often result in a short time, even in the life time of an individual or during a single change of coat ; but that in ordinary cases they can be depended on as a means of distinguiihing |5 .1 iJ i ■1 ' * The italia are in the original. I.'H ! <*Ii ul nt\iniRlH l)('li>nj;inj» 1o localilii'"* wliidi nro not only st'piUfilcd liy lu) iin|)ii«,H)\l)lt' liiurit'ix, bill mo »il\i«li'(l witl\ii( MM lui'ji of wliit'h all \m\v\>* iuo 0(liiMlly I'jivoiifrtiilo to ilH oxistiMUM', Ih I'tiliroly (lonicil. The lii^lily tivlmir.il rlmriuli'V ol' the iwfiw- nu'Uls u.si'd liy \\u> ])rin('i|)iil nulliorilicM )|iiitli'(l in !<\i|i|uiil of ll\(> conlonlion ol" llio I'nilcd S*l.il«>« MS lo ilu> ri^iil H('|)nr,ilioM of tin' wciiln lV<<(Hu>nliii^ tin' riil)yloH' and < 'oniniinulcr lKlitnd,s rcsp Ttivoly into two " licnls," would nt>i'(\ssilj>l(', lor tluMi- dixcussion in detail, a rt'lVrcncc lo so many aiillioritics, and l(> no larm' a l)ody of lil( in tins Connlcr (\'isi'. Tlu-y appoal lo snoli laws as thosi' of llic disliilmlion «>f allioil spoiMi's in scparato aroas, an«l those of animal migralion, lallior than to tlu« faels in I ho fnr seals whieh are liere more diroj'lly n point . ll is, lu>\vever, jierfoetly ((hvious, \iiider any hyjiothesis, that the fur seals of the two groups of islands (between whii ii it is now attempted lo draw wliat, it is submitted, is a purely arbitrary line^ must viij^inally have reaehed these islands either fron» son\e eomnion .so\nee or by traversing the waters bolweei> ihe islands themselves. It is not aliened ii\ the (.\is(> of the l^i\iled Stales that th(>v were separjili'lv «'realed i>n llie several isl;uids. There is at Ihe present time no barrier whatever, either of land, or sueh .ms might, arise iVoni the temperature of the w.itor or of the air, to render il dillieull for seals from one of these groups of islands lo reach the other group; bnf, on the eonlrary. all the eireinustanees are such as ti> alVord the greatest faeility for sueh inter- eommunieation by marine atiiiu.als. There is therefore no assignable reason, either of a prac- lioal or o( a theorelieal kind, why sueh intei- eonuuunieation as iiiii.'mli. \.,;;llivi I'viill'lH'l |iriivc'k. 11' llllill><. lliiili'il Mliil(>H hiiili.Mui iilK li_v tliu ItriliHli ('i)iriiiiiH- si"Mi ikIVciii invcHtigutiniiNin IKOI. lU'liial diHt,iil)iiliiiii oi' iIk; I'm hiiiI ill. Ntii Iiuh mow Im'CII CIllllM'lt'd, Tliuw, I'Vi'ii ill llin i'iiN(> of IliM Unilt'il HIiiIi'h, it in Hliilfirl only lliar "lii'lwi'rii |i,iuill>l'i \'(ii:\ lli"^ W(!m| (umI 17r»" t'HMl, miiiiIh hi■■(! t i'l It i 1 1 ' ' 1: liH '• limmlM. these iimtlrrsby cnnzinf' aloiif,' tiio wliolt' cliaiii ol |,«rnM. -JOK i'j:i, the Aletilinn InIiuuIh aiul visiliiij^ tlio ('ommmulcr '•'•'« ^'''^• lalauds. The result of tlicir iiuniirioH is sliuwii in tlie lliiil., DifiRrnniH It ■ .1 • o ,. 1 .1 NoH. 11, III, mill IV. Maps ncToiiipaiiymfi flieir iteport, and they write : — "Tlio t'lmipHriitivi' pruxiinity <>f llio ImMvliiifij-iHlaiulH |l)ii|., pnrn '-'7. fro(pu'ntiMl by (li(> houIh ]iortaiiiiii|f to thcHc two inip'ii- tioii (ractH (hniiifr tlio Nuniiiifi' iiiHuroH a ccrtiiin iii- torrolalioii and intci'diau);!' »>t' hciiIh lioiwccii llio two groiipx, to iin I'xtcnl not fully known, and which doubt Ii'HH varii'H inuch in difU'runt yoars." 4/| 'OI'J i ! i ]i While rxpressin<; thenisplves as unable to ob- ••^erve !iny general dillerence as between the appear- ance of the seals seen by them on the two groups of breeding islands, they quote evidence to show that some s\ieh slight dillerence, whatever its eause, probably does exist, ai\d add — "The amount of inteix-onneotitm bctweon tlio two Ibid., pnm, 45(i. groups i'h doubtloHH, however, sutlicifnt to prevent any very striking or perniiuient peculiarities, even of a varietal rank, to grow up." In conclusion, the Commissioners write : — "Some evidence not without importnnee in this eon- Ibid., Dingram noctiou is aflorded by a eoniparison of the diagrams ^' ' elsewhere given, and representing the nmnber of seals killed each year on the two groups of islands. Though affected by other eauses as well, this number may bo taken in a very general way as a record of the stjito of the rookeries as a whole, and the correspondence of the lines in the two diagrams is tlnis significant of counoe- tion or of co-operating causes." Since the date of the Report of the British Com- missioners, information obtained from pelagic sealers and seamen engaged in navigating in various parts of the North Pacific has resulted in the accunudation of an overwhelming amount of evidence supporting the position that no con- stant separation exists between the seals fre- quenting the two sides of this ocean. Many of the sealing vessels within the last few years have sailed through Behring Sea froni the vicinity of the PribyloflT Islands to that of the Commander Islands, on the Asiatic side, during the summer months. Their evidence is, that on Conclusive local cvidciid film obtaiiii'il. Intermingling botiito tlic luniLjbi south of the Aleutian l?^hii;(k ' •*■ * A|i|)i'niliii, vol ii, |i|.. '.';i J7 ll)iil., pp. 2", L'H, lliiil., p. 20H. I Ilia., pp. 27- 21>. iit('riiiiiig;liii;^ ill Hiiiitliurii latitndcH. Ibid., pp. 2f)-27. Ibia., p. 128. Hiicli voynKOH nohIm hftvo been observed on every line (liiy during ibc pnHsiigc. It would be innppro- |>riiit(! to incliido thcHe MalcMucntH at length in thin |ilac'(>, and rorerciico is tlicrcfore inndo to tlie .Vpltfiiidi.v, wlinre IIk^ HtiitcdnciilH of no Iohh than 57 IiiiiitfiM mid Bcnnioii will ln' foiind wh<» give i'vid(;n(!i)on.lit. vol. ii, from Yokohamn to San KiJinci^d'o in the mail- ' steamer "flallic," makiii}^ a oonrsi' 4.')^ north, and Haw souls mote or loss cvory returned in tiie iM'gin- iiing of I'Vbruary on a course !il)t>ut Sti" north, and again saw seals ahnost daily during the voyage. Mr. .1. M. Macotin, while in Victoria in .Tunc, n,;,)., ,0! i, p. 1H<> 1802, was .shown a chart on which was marked the track of the .sealing-schoouer '• Mary 'r.iylor," which had been sent to look for fur-seals north of the Sandwich Islands, llor captain reported that in November and Decendier, lS!)l,he had seen seals for six weeks between latitude .'50° and 40" north, and in about the longitude of the Sand- wich Islands, Init that the weather had b(;en too rough to permit of a boat being lowered. Captain William tlrant, (juoting from his diary, Ibid., vol. ii, ji. 11: says that on the 3rd December, I SIX), when on the steam-ship "rarthia," in latitude 4'-''' '30' north, longitude 157° ;$r)' east, large .scliools of seals were for several hours seen from the ship. They were heading for the .south. When captain of the barque " George " he had on three ditlcrent trips seen seals at about the same jjlace. Captain Marshall, of the mail steam-ship '• Em- Ibid. ji. 211. press of India," in voyages between Yokohama and Vancouver, reports having seen great numbers of fur-seals in latitude 40" 41' north, longitude 143" to 1 45" west, on the 18th April, 1892; and again on the 19th and 20th May in the same year between latitudes W" and 4(1" north, and longitudes 146° and 169° east. Still further, in connection with the subject of interminclinii of fur-seals from the two sides of the North Pacific, Mr. A. C. Folger gives the following statement respecting the occasional presence of fur-seals in the vicinity of Behring Strait, in respect to which it is impossible to decide whether they have arrived there from the eastern or western part of Behring Sea. Mr. Folger says : — " I have seen Eskimo wearing clothes made of fur- Ibid., p. 90. seal sldns when north of Behring Straita when tradmg Iiiterniiiigling near HcliiiiiK Sitrnit. I i % !,il..iiniivii| niigi'iii"" iiiutcM (iiily im"' ill II Ki'iiciiil WMV. I'liiti'il SliiUs' I'llM", |i. VJl'O, United Sliiti'H' CiiKo, A|ip<'ii(lix. vol. i, |>. 4or>. JSi-itish ('iiiiiiiiiH- siuiiei'H' llciport, \mvHH. '.'(i, •JU',1. >,;iUiiillllilii''il ''.V l"<'iility (prii>li liidd Mijijily. Wii.i.-r miiii' iif tlic fiii-siiil in ;i.li;ii(iit t(i tlio I'OiiNt oi" Itl'itiHli ri.luiiilija. near Hi'liriii>f 8lriii'. itritish ComniiK- i-ionns' Ki'porl, lianis. -J?, -28, IW. iiikI Map No. II. Uuitcil Stutis' l.'aso, p. 29G. "■i.it' nil III llint simIs idi'iiliriablu in wiitvr totally iiUHiipporteil. I. lit tlioru, mill I niiro Hiivv II I'lir-Mi'iil inHNocd wliiii north of KuhI. €»[)(> ; nil. I on till' n.ii riiiHi' (lie ciiplain in my lircMi'iii'u HJiot a fiir-siai riiuu lliu ilrck ni tiic vi'hkcI, ii lioat wan liiwuri^d, ami tin' nial wnH (,;nt. The mn<« alHii nhol tlioiii. I don't kimw wIutm tlii'Hc koiiIh I'nini' IVnm, liut aiii Hiiro that lliry witc t'lU'-Ni'iilN. I imvc kiiDwn fiir-Noiilii fiir nearly twcnly yuaiH." Ui' till! rcniniiiini^ allt'^'aliinis made in lhir« coiUK'clkui ill the (kse of tlio I'liilcd titates, and recited at the b(';.'iiniiii<» of tliis chaptiT, koiuo are Niibiiidiaiy to tlu! f,'(!iiiial conleiitions dealt witli above, wiiile others are treated at },'reatcr h'lii^th ill fiiibs('(iueiit paj'cs, 1 1 may here be added, however, that tlie Hlateiiitinl — "tiiat itH [flio fiir-KuarM] rdUi-Hn when iilihent from lliew) JHiundH Ih niiii'uriii and ctiniiiii.'d iii'inei|inliy to tlie wati is adjaeuut to tho couat of tin; Uniled fcjtatoH," is one wliioli can only be adniilled witii consider- able niodiliratioiiH. As a 1,'eneial proposition, the uniformity of tho mif^ration routes of the fur-seal is not questioned, but tin; acilnal routes followed by the seals at sea are lar<,'ely inlluonced by the abundance of food lishes, amongst which the herring appears to be oik' of the most important, and a reference to any of the published records of herring migrations will show liow erratic and apparently inexplicable these ol'icn are. The diversity thus met with is (juite in accord with that noticed in the case of migratory animals generally, and particularly in that of marine animals with great powers of locomotion. As to the second part of the above statement, that the course is .lined princiiially to the waters adjacent to the coast of the I'nited .Stales, it nuisl simply be said that it is incorrect. The eviileucc jiersonally obtained by the Ihitisli Com- missioners, clearly sIhjws that the jjrincipal winter habitat^ or winter home of the fur-seal in the eastern part of the North I'acilic, lies oil' the coast of the Canadian Province of British Columbia, extending beyond it in latitude t)nly for short distances to the north and south. The further statement incorporated in the " Conclusions " of the Case of the United Stales, to the eflect — •'that at all times, when in tlic wntn, tliu idfiitily of each individual [fm'-seal] can be established with certainty," is somewhat ambiguous. It would appear, how- ever, to mean that the inOividuals of tlie assumed [249] T 2 fll Ml I ) ; ■f > 140 PribylofT and Cuiuinander " herds " of the Unitod States' Case may thus be diHtinguished. If no, the allegation made, in so far as can be dis- covered in the Cose of the United States and ilH appended documents, is unsupported by any evidence. In conclusion, it is submitted that tlie aMertion that the fur-seals resorting to the Connnandor and Pribyloir Islands form two entirely and rigidly separated " herds " lias been shown to be erroneous. That, on the contrary, the facts ascertained from a largo body of testimony establish that the fur-seals which breed upon the islands on both sides of Dehring Sea intermingle. (.'ollulllMillllN. ^>m \^M 'If ! III I . m > ? .li • 'II '■vri, 'Ami •.i! 141 !^Ecrii>N IV.— yiV/i wlii'io i'l.4i! ill lltM'inK Sea iir Ihu North I'aciHi-, tare ut the C'omiiinndrr (KoiiuitidorKki) UJandM." (J.) Uiiitod Stati'^i' Case, p. 91 — "The AlnHknii HunlHcvidontly coiiHiilertho I'rihilof IkIuiuIn nt tht'ir home, fiU' wliilu on or about thorn thsy arc much IcHH timid ami fi'arful than wlu'ii mot with in thu 8i'» aloii^ thu Amrricnn coaHt." (;).) United Stutui' Can ■, p. lj:l — ''Tho NcaU L'viduntly cuimidi'r thonc itiluuds thrir huIc home." ( I.) United States' I'uhi', p. I:i7— " Tho BcaU do not enter the inland waterb uf thu cuuat dnrip .heir migration." (.■|.) United StateH* Case, ji. 2!t5 - I. " That the Alaskan fur-seal, begotten, liuni, and reared on tho IVibilof Islands." 'J. "TImt the only home of tho Alaskan seal herd is on tlie Pribilof Ifllamls ; that it resorts to no other land." (il.) Uniteil States' Case, p. ;iuu " First. TImt, in view of the fact.- ami eireumstaueei eHtablishod by the evideneo, it [tho United States' Government] hus sueii a propcrlv in Ihu Alaskan seal herd as tho natural prodnet of tlio soil, made ebieHy available by its |)i'oteetion and expend it live, bii.;hly valuable to its people iiml a eonsidei'nbh' soureu uf i-evenue, as entitles it to prer^ervo the lieril fiviii (Itstruetion. in the manner oniuplaincd of, by an employment ol sueh reasonable foive a.s may bo neeessaiy.'' Si MM.ui^ ol llwiiisii Uki'LV. It appears fioiii the Case of the United .States, that the Iitmi "Alaskan fur-seal '' is intended to di'si}fii:ito all fur- seals found in the eastern jiart of the N'orth I'lieifie. Whilo it i.s admitted that the greater part of these sea's are now b J , "'ft R,i1 [l |i; I* I If i islunils Imvo liccomo cliiut' ivsoilH nf tlie I'uv-hOiil iit tbo brct'ding seiison. Siiiiilar clinmtic and physical fen- tni'OR nro to bo found in miiiiy other places in thu Xortli Pacilii'. The statement that thu fiir-senls nil}.'ht rcniniu in llio vifiiiily of the Pribyloff Islands throughout the year if tlic winter were less rigorous, is uuiniportiint ; for thoir Ktay is adraittcil, under the actual circumstanceB, to be impossible, The vxprossion " home " or " solo homo,'' as applied in the Oaso of tho United States to the Pribyloff Islands, in eonncction with tho fur-seals found in the eastern part of tho Pacific, even on the assumption that all arc born there, is inadmissible. A migratory animal cannot be said to bo "at home," only when in its breeding area. The home of any species is the area over which it habitually lives. Animals may have winter as well as summer homes, ua stated by JJr. ilcrriam and other naturalists. The principal " winter home " of the fur-seals of the eastern part of the North Pacific, is that part of the soa lying off the coast of British Columbia ; and there enormous (|uantities of food fishes, whieli would otherwise be available for tho support of tho iuhabitanls. aiu consumed by the seals ; which even enter the inner waters along the coast and prey upon tho food fishe.s there. Some of the assert ions above Ibrmulated have aheady been in part dealt with, being to a certain extent involved in other contentions brouuht for- ward in the United States' Case in regard to seal Hfe. It has been slu)v."u that the term " Alaskan seal herd,' as employed in the case of the United States, is intended to denote all the fur-seals found in the it is ailmittod that the lai'sev nuiiilM of tliofur-soalH of tho eastern pnri of tho North Pacific resort to tli.' Pribyloff Islaiuls to breed. eastern part of tlie Xorlh Pacilic. Most of these Hl'ioti, (..'cmmu seals are doubtless born upon the rribvloff Islands .. ,, ' i r ' •' " MoMograiili of and the young remain on and about these islands Xoith .Amuriean till such time as their size and strength enables '""'•"^' "■ I'- ' • Bull. SIus. Conip. them to pernvaneiitly assume their natural pelagn^ Zool., vol. ii, habits. After leaving the islands, they appear ''"'"* '• P' ^^'^' , , ,,,, , . ,, . , ,, " Monograph of to remain entirely at sea till at least the middle Xortli Amerieau In regard to the fur- l'i""h'"l>'-" r- ■^^'^•' ?()Uthern Hemisphere the young United States' c Case. Appendix. tlie vol. i, pp. :t7i>, 377. of July in the next year seals of the !? animals never again come on shore diiriii iirst year of their lives, and there is much reason to believe tliat similar circumstances obtain in the North racilic. Tints, liryant says of tlie young females ; — -At this .stag,/ thoy [tho female pups] leave the <■ M„„og,,,pl, of ishilid for the wiutci', and very tow appear to ivtiini to North American tho islaiicl until thoy are three years old." ^'""1!F,"'?^1 '' •' pp. 4U1, 402. In the United States' Case many authorities are oited with the object of proving that the birth of the fur-seal at sea is impossible, The British Comini.ssit)neV3 report practically in accordance with this view, or to the elTect that ■ uch birth, if fuiiiicilyliii'il iit (itluT ]ilnc('R iilonp; Niii'tli-wcsl ciiiist. mill pr()liiil)ly still lldS'l, Tlriiish C'linimis- sionoi's" Kepint, jinra. 447, Vanoouvor Jshiiul, Pilot Supplement, 188:1, p. 12n. Fiir-se,'i!s voRoi'tinpf to Ilaystnck IhImikIr. Ajipoiidix, vol, ,ip. l:!,-i, i:;.i. liiitish Ciimmis- Hiniici's' Ucpnrf. ] in I'll. 441 1, 14& possible, is so infrequent as to bo of no practical importance ; though tiie fart that the sea-otter brings forth its young on masses of floating kelp shows it to be not impossible that the fur-seal may at times also do so. In regard to the ijirth of fur-seals at oliier places along the American roast besides the Pribyloff Islands, the British Commissioners, how- ever, write as follows : — •' It is eviJcnt tlmt many y(;i>rs iigo a considerable number of fiu'-soalN bred in variouH places along the westcni coast of North America The traditions of the Indians of the coast of British Columbia, particularly tliose relating to Race Roeks and Smith's Islands, appear to iiave the same meaning. Judge J. G. Swan has also collected unu^h evidence to the same eft'eet, witli par- ticular reference to the vicinity of Cape Flattery, which may bo found detailed in the ' Fisheries Industries of the United Stiites ' (vol. ii, p. 3!t3), aiul in the ' Bulletin of the United States' Fish Conunissinn' (vol. iii, p. 201 V Some of his observations we have been unable to con- firm, but the statements since obtained from Mr. J. W. Jlackay go far to prove that, in still earlier years than those refeiTcd to by Judge Swan, a certain number of seals regularly occupied certain breeding-places in the vicinity of th(> Straits of FtU'a." Much evidence to the same efTect is contained in the Report of the British Commissioners ; and it may here also be noted, that many fur-seals were actually observed upon the Seal Eorks in Portland Canal, by the naval officers engaged in surveying there, in August 1868. Mr. Mackay, above cited, states that it is pro bable that a few individuals still breed on the Haystack Islands, off Vancouver Island. The Haystack Islands, together with other out- lying islands to the north of Vancouver Island, were specially visited by Mr. Macoun in May, 1892, and though the date was too early in the season to enable it to be determined whether fur- ■■^eals wore actually lu'eediug there, a considerable nuniiKT of these animals was found frequenting the shores. The facts observed by Mr. Macoun will 1)e found staled in his Eeport. It is further poiated out by the British Com- missioners tlial. even apart from the ascertained facts - " it would be admissibh^ to prcdie.iti' the occasional birth of young along the whole extent of e.onst frc- ipientcd by the I'iu-scmI. It is further borne out by the actual existence of breeding rookeries situated along or ) ■ ) [ I I ,.1 ! 1 1 ^ur m ' ^Pfflla }-wk ■ Jiwki'-' rjB^^BE'f ~<, '-r Hfl Sfl^i 'iitt j • :!'* ill UK 9^^3 ^ w ii' ^rI^b^^^^^I : 1 t i£^^Hk^^^L^^H >'ii I r 144 11 i^-il nem- to tho niigrutioii vouto of tho fiir-sinl on tlio weHterii f?ido of the E'ucitic, ou tho Kiihio iHlauds, and on Uobbeii Isliinil." ' These facts (particularly when taken in con- nection with those relating to climate) show that, not only is it imsafe, but in all i)r()bability in- correct, to assert that nil the seals frequenang the eastern part of the Pacifio are born on tho rribyloll Islands ; and this (juite apart from the question of the oonuningling of seals of the two sides of the Pacific, which has previously been discussed. In regard to this matter, Professor J. A. Allen, in his " Monograph " already cited, quotes Judge J. G. Swan, who has given much attention to North AnuTicnn , . r , - , T 1 Pinnipeds, p. , 7.'. Bubjects connected with the fur-seals. Judge Swan, after recording various observations made by him, writes : — '• It scei'-s i(s preposterous, to my mind, to Bupposo that all t.i 1 Fur-Seals of tlie N'oi-tli Piicific go to tho Pribylov Islands, uk to su])poso that nil tho salmon jjo to tho Columbia and Frascr Uiver or to tlio Yukon." Commenting on Judge Swan's statements, and additional facts adduced by Professor D. S. Jordan, the well-known ichthyologist, Professor Allen him- self writes : — " Those observations, aside from tho jtidicious GUg- l))i,i,, p. 773. gostions made by Jfr. Swan, are of spocial inte at as confirming tlioso made some years ago by (.dptuin J^ryant, and already briefly reeovded {nnte, p. • ) in this v\,rk. Tiiey soem to show that at least a certain number of fnr-sonls repair to secluded places suited to their needs as far south as the latitude of Cape Flattery, to bring forth their young." ()|)illioil of .lll(lgt> Sw.lll ;l;iil |>|.,, I'i'ss ir .\11('M. " Mono;»i'.i|)li of P 'l-lif I i !. ' 11 Evidence n-ipended to the United States' Case is suilicient to show that fur-seals are found in United Stntcs' 1 • • -^ p r\ 111 ,i , -1 • 1 Ciiso, Appendix. the VKMUity of Cape l-latterj-, not only in the vol. ii, pp 3rC-;W!). winter and spring, but also in smaller numbers during the greater part of the summer. Nearly oU the Makah Indians of Cape Flattery state that seals are observed there till July. Further eviden(^e to the same elTect is contained in the Appendix to this Counter-Case, and is such as to show that fur-seals are found to the south of the Appendix, vol. ii, Aleutian Islands during July, August, and Sep- ^''' 2^""-^- tember ; while Indians state that they are to lie seen off the coast of Vancouver Island all the summer. • Sic. -! -f* Ilritish Cnmiiiis- sioners' Report, paras. 86-UO. Appendix, vol. ii, pp. 31-, ."15. Wlicif begotten. United Stiitcs' (-'ttsc, p. 205. (Vili'ii frdiiieiitlypci-formcd at sea. liritisli C'oaimis- siouers' Hrport, j)anis. l!05-i!9". Si'c nI.so Prop. Zool.Soi-., 1881, p. :t80. I'lilldllMVO tv iilijiicu to this tfluct. Appendix, vol pp. .•!;!, .'Vt (.'liiiiali' ;iii(l foniiatioii of the rribv- I'lir IsIumiIk aio not the cliiet' I iiMins (if resort of seals there. 145 Some facts showing the resort of fur-seals to new places and their attempts to form new rookeries are quoted in the Eeport of the British Commissioners. Further interesting particulars relating to the establishment of new rookeries have since been obtained. Thei-e refer to Mooshir, Eakokai, Shrednoi, and Ketoy Islands of the Kurile Group; Bittern Eocks off the north-west coast of Nipon Island and St. lona Island, in the Sea of Okhotsk. The particular locality in which the seals may be begotten, tliough importance seems to be attached to this in the Case of the United States, does not appear to be one of any special interest in connection with a claim to " property " in seals as such. The statements made on the part of the United States in this matter appear to be prompted by a disinclination to admit that any function necessary to the existence or propaga- tion of the fur-seal species .s or can be performed beyond the territorial limits of that Power. It may be sufficient here to say that the views now upheld by Bryant and Allen on this subject, and quoted in the United States' Case, are dia- metrically opposed to those formerly miintaincd by them; and that a sufficient body of inde- pendent evidence has been obtained to show that coition frequently occurs at sea. Tliis circum- .stancc is also quite in accord with what is known of the hair-seals. As this point has been raised in the discussion by the United States, it may be added that, in connection Avith other facts relating to seal life obtained from pelagir ealers, no less than 36 of these men affirm that they have witnessed the act at sea, and many not only describe the attendant circumstances, but have killed and secured both male and female. The known period of gestation and dales of birth are, in fact, alone sufficient to show that coition must frequently take place in the water far distant from the Pribyloffs. Points connected with the physical cluvrac- teristics of the breeding-grounds of the fur-seal, and its requirements in this respect, to which prominence is also gi"en in the Case of the United States, have been so fully dealt with, from personal observation, by the British Com- U Ai' i|. :^l ill m I- 146 fe I 218. SiK-ciiil iironiiuoDco nivoiiliiilliini in Unitoil StnU'N' V:\m; inissioucrs, that il is considered umiiicessiuy lieic to do more than refer to their Iteport, a id to iiiitJHh (^ommin. qiiole iheir conehision, whieh is in tlie followini,' »i""i'ra' Ki«imit. , imnin. 'Hi-'iiU. words : — " Am i\ I'lirtlior irmilt of lln' i-xniiiiiiulion ol' tlic Jiliy- lliiil, pnrn. 27(>, tticiil (.■hiiractoristics nl" tlu' rookiTv f:;niuiiilH, it iiiav lie Kt;ilcMl that tlio luHM'ssiirv roiuIitioiiH, iiiul I'vcii lilt- iiidnI iiiviMiralili' iiiiulilidiis, iin' liv no nii>Jiiin conliiiril (o tlii.> I'rilivloirand Cimuiuiiuloi' IslamlH." TIu' iJrilivsh Coinniissioncrs likewise point out . Imilaliou nml (|iii»( tlm dii,.! ,,.,,,„ very clearly llial the isolation and llie nnin- habited character of the hreediiiji resorts ol' the I'nrseal, not only in the North raeilie, Init •iencrally over the world, are (hy reason ol' the seeniity and absence iVoni dislnrbanee which they Iiritisli CiMiiinit. ,,.,,". ,. ,, , ... , . „ I Kldiu'iV Hi'iiiiit, nlltnil) (he rulinu laetors in the selection ol nucii p,,ii\s. :!l. 'J17. resiuls by it. Tims. I'xcepI in the relative dejjre fmuHniH, to ariiuments b.ased on allep. b!M'l. climate of the PribyloU' IsKands, in the Case of the llml., Appomli.x, United States, and Meteorological Tables quoted ^"'- '' '"• '''■''' in sup]iort of these arguments, it maj' be wi'U to show here : — 1. That the northern fur-seal is tolerant of very considerable, or even of great, differences of climate in respect to its breeding-places. •2. That a Large area of the northern part of the Korth racific, including many islands and long stretches of coast, affords climatic conditions so Iliiiisli Coiiiniis- 117 nimiliir at tlio brocdin}^ kojihoii of the seal, as to 1)0 for all i)ra(!lical purjxjsus identical, IVoiii tliis point (if view. On lliis <;(>M(M'al Hubjoc.t tlic Ihitisli Connnis- sinncrs \vrit(' : — ' I'lic (Ml] niicl liiiiiiiil Hniuiiicr climato iniiv (1(jiiIiI1i'h« niiiiicrM' UciKirl, |iiini. i;i7. ill ilKi'il' liiivc liiTii cDiif^i'iiml (n IIr' snil, luit in lliin Sr.> uliio pimn. fcsprrl, .-iikI also in tin- triiMiciiitiiri' of llir sr v mir- 'J( I', .»'Jtl. . , , i-.Mlii(|iiiLi' tiic'iii, will-iiinrkccl ilillrrriici'H cicciir an lic- M tim cliii'l'i,. Aliiiliaii Isliii-.' I'liiiil In jilliir itioim. il MJlMll.ll' I'liilod Stnti'^' «'iisi', |).:i,tl. N.iihi'ii" ihcfiir-Ni'iil Ndictiv liiiiKod I'v coiulition (if i;liii)!if(,'. to bl> OlTllllt.'""*, lliif alstlinsiicil wholly ilepoiuk'iit >n llio I'liiij-liilV IslniKlK. Apppiidix, vol. i, ]ip. 157 et seq. Iwciii till' (\v(i fj;r(iiipH |<'iiiiiiiuiii(lci' mill I'lilivlull' |, w liilc aliiinst any 111' (he innni'ViiiiH iHlanilN n|' tlir Alrii- tiaii cliaiii alVoi'd siin'nun(liM};-H sd HJniilar in the in itli'r III' cliiiiali' that they wiinlil iinddnlili'dly h'lvn aHiiidi'd onilalili' li\cc(lini;-pla('iH il" niiiiilarly miinliidiitcd." 'I'lic United Slates' ( 'onimi.ssioners also admit tlnit '■limited ai'eas " on the Aleutian eliain may aH'oiil tile eond)inatioii of ])liysioal and clini.itic, eonditions which tli(>y <'()ii<;eiv(; to lie iieeessaiy for the hroediuf.,' of the fnr-seal. It is believed, however, that these gentlemen speid; thus eantiously ill tin? absen(x> of personal knowhilue of the Aleutian Island-^, whereas the whole length of the chain was inspected by the IhitisU Conuiiissioiieis ; and it may further be pointed (Hit that, from th(' nature of tho breeding habits of the s. 1(18. T'liitoil Stiller' Cnsp, Appc'uiliK, vol. i, i>. ;i";i. 140 Ami writes fiirtlier as follows : — " Formerly (i^ightuonth century) ubuiKluui along tlio coast of Knineliiitka from tlio Kurile iHlnndH nortliwavd. There in still a Miiiall colony at the FariiUon Islands, ofT the coast of Califoriiia, and other considerablo colonies at the I'riliihif, (,'ommander, and other sniQll islands in Jieriiif^ Sea. It is also fomid in greater or less num- Ix.'VH in some of t)ie Aleutian Islands, and at a few points on thi- Alaskan coast, principally of the Aleu- tian chain."' Ill tlio .same way, the soa-otter, a fur-bearing animal which is in many respects comparable willi the i'lir-seal, though its habitat has now Lec'ome coniparativoly restricted in consequence of persistent hunting, was formerly abundant not only about the PrihylofT Islands, but also as far s)Ulli .'IS ihc 2Sth degree of latitude on the Ameri- can coast. Tlu! theory of the restriction of the fur-seal to the I'riltyloir Islands as its sole possible breeding- place is, therefore, not in any way supported by the ajipeal to the " principles of geograjihic dis- tribution '■ hero made. Professor Allen, indeed, explains that it has now been discovered that the fur-seal of the Californiau coast is a different animal from that of the North Pacific ; but this in lu) way aPiocts the fact that many regions aI)out the northern part of that ocean are naturally adapted by climate to become the broodini,' resorts of the Nortli Pacific fur-seal proper. i f liiiti.sli C'oiiuiiis- hionei's' Itepnrl. imras. ITT 2-1!. Brceiliii.u' II -I'll.s .iiid snntlierii teod- iiif!; rrs',rl>; :ivf iM'ninlly necessary to'tll.'l\ir-sr;il drill." Norfli-l'aeific. Tlio si'iil Ik iiiijii'atory, ;iiid has two h'liic"^. Ilii'l., psuM. •J,-'. After a full examination and discussion of the liabils and migrations of the fur-seal, the British Commi.ssioiiers thus sum up the result of their investigations : — "Tlie fur-seal of the North raeido may thus be said, in each (•a.ie [;>., in the ease of the .seals frequenting the two sides of the Pacific], to have two habitats or lionies lietweeii which it migrates, both equally neces- sary to its existence under present circumstances, the one frequented in summer, the other during the winter. If it wore possible to confine tlie fur-seal to the vicinity of the northern islands resorted to during the breeding season, or even within the limits of Behring Sea, the species would become extinct in a single year; but if, in any way, it were to be debarred from reaching the islands now chiefly resorted to for breeding purposes, it would, according to experience recorded elsewhere, speedily seek out other places upon which to give birth to its young." H I.V> 'I'lio |iiiMi>i(> moitiiiii); of IIii'H(> riMn.'r'-s is vory olonrly imliiwlod Ity llii< m!i|» illnstintin^r iho vcxmlM ami iiiii;i;>lioiM(>\il(v» ol llic I'ur ki'mIh. I'nii"li •'''ninii" which is M|>ii('i\ih'il In the I'opoit cilcii, \ ll■M^ Mi,|, \,. l) loiMoh'to, jind. iiM ihi' cviilt'in'i' I'lijlci'li'tl in thi' I'mii''' i^inii-*' ,, . 1 11 ■ 1 1 1 1 t'liNi', Mill". Nil III. hi'|ii')l el liii' lhil\sli ( nniiui'^sioiii'iH nIiown, |om<« ;u'>'m;\li' inif^r.'ilion cliail of a pail ol iho Nuith racillc. i-^ apiu micil Ut the I'liili'tl Stairs" (!aso. Hill a ii-ri'iciiic cvi'ii lo ihis map will '■how llii' Mihsiaulial ariMua«'v oC tho slalcmonl iiiailc liy ilii' Hiilisli I'umiuissioiuMs as in tlio rofxu'l, dminjt iu\iil\ six iMoiilhs 1)1' the vivir, of iho jtroaltM' pait «>i ilu- seals of till' oasiiTM pari o[' ilu- North raeilir to ilio walcrs ailjaiMMil to thi- loasis ol' Hriiish rolnniliia SoiiuMiiipoitani'c appears. rnriluT, in ihe ('ase yi' till' I'liili',! Slates, to lie allaelied to a stale- lueiii wliiv'h is i\i:ule in ilie i"ollo\viii>; terms : ■ " riie simIs I'viiliMlllv eeiisi.ii'l' lliesi' isliliiilM llieir seln llinl . |>. luM lieiiie, iiiul >"ily le.ive tlioiu tViUii heiiin; I'lUeeii hh to ilo, ' '''' "'■"" 1' -"'• \( llie .'liiiiate pennitteil (liev MoiiM williunt doillil leiuam en er in the vi.inilv el" tlie riihilet' Ulamlit ihliiiiiV llie entire year." rrot'essv^r .1 A. Allen wiiies to a similai' elVoci, as rolU>\\ . : - It' elimillo peiliiiltei never i\i> veiv I'ar iiiiV iNliilnls. " It is evident tVem \vi\,il we Uiuiw <4' se:d lile I'lsc- ||>i,| . A|i|iinili\. while. th:it wiie the ehniale siilliiii-iitiv mild in «intei '" '■ '' ' tlievwenld mid Hihtedly p.iss the whole yeaint lhes(> ishilids. O.Miij;. hewe\ei, le the iiielemeiiey el" the wiiitev umiiths the t'tn-seals are I'eieed le luifjiate southwai'.l in beaivh ot" teod and a milder elimale." . Ill,, s.l IV (I 111.. 1. ?v,- A like opinion as to the oause ot" initiation i.s I'niteil Siuus" also ve.'ovded hv lhi> Initeil Stjiies' OiMumissioiitMs. l,":"'"'!';," Unlisli ( einiMin. and the Hiitish (^oinini^siotiofs i'X[iros,s tlienisolvcs ^ieneis" Hi'ii..ii, Ill a similar manner. ' Tlu- iminirit's of the British ("'ommissioiieis do not lead to iho eoiudnsion that thi> se.als have oxer ill any v-onsiderable nninbors roinainod on or about tlu' islands even in the mildest wintcfs. 'Vlio table ivferviHl to in tlio Initcd t^iales" Ca.se, Uniioa Siuicn' Appendix 11. .^ives no proof that more than a tW;.Ap|u.mli.v. , ' ' ■ ' vol. n, p. lit. few stragglers have remained late in the year oi\ the isbnds. As a problem in natural history, it might be of interest to discuss the originating causes of the migratory habit of the North Pacilic fur-seals, ir.i |(/irl.ifnlarly im llii« Imliil. i^ very ixccpUoiiiil iiiiiiMif^ iiiiiiiiniitiN, mill hIiiimIh in ilincl I'diitiix^tioii Willi llii^ iiiiiiiiii' iiml |ii'l;i)rii' nnliii'i' III' lliit I'lir Hi'fil ; riiilc'l HlJitfn' lull it. i^ liol iclrvillll Id llli' (lUiMliillli lli'ir 111, irtHIII!, for, 111 is Ml III I'd ill ilii' ( 'iiMi- III I III' r nil I'll HImIi'm : — |.,ll,|llll„(|.(|(i.'HII"l |HIIMil,MI|l| llin li,Hnl,.ii>' iMi' lifii' In |"iinl. I„ nnHii'l HkiI I'll I'nliyliiir InIiimiIm Ml'' III'' I'.V li'iinii" 111 ill,, I'lii-ni'iil In IIimm liiiHi'li'Hf.. "Till' JMi'l i'xInIii, linwi'Vir, IIimI IIimAIiihI(iiii hikiI IiitiI iH i'iini|ii'lli>i| In nii^nili'." ir llii' liiiliilM III' IliM iiniiiiiil III' ,'i|i|ii';ili'i| III, wlii'lliir ill I'liniii'i'liiiii willi ^i rliiiin In |)rii|iiTf.y ri;j[lil Ml III ii|i|iiii|iii(ili' ii'i^Mil/iliiiiiM Im it'i jiii'inrva tloii, it is llii! iirliifil lifiliil,'! Ill llii'.Ki! txImI, anil ai<' ini|iiiHi'i| liy lln- ncri'MHilii'M ul' llir riim-, llial inii.Ht li»' I'liiiMiili'iril mill ili'fill willi. Till' Hl;ilinii'nl inailn ill lln' Cumc i,\ llii' I niliil Slali'M In till' I ll'i'i I llial, lln^ rriliyluir LslamlM run- Hiiliilii till' "iiiily Iniiiii^" III' llii! " Ala'y W. W. Cook.-, IH88. Uiiitfd StiilcH' Dupnrtmcnl i>f A^i'ii'ulture, niv. iif Kcon. Ornitliol.. Uull. N... -2, p. 1 1 (fi(ot-n'te). k f. 'ti it y^np In concluding the discussion of the group of questions dealt with in this Chapter, it is desirable winter home. to draw attention to the fact that the winter home . or habitat of the fur-seal, being, as it is, chiefly in the vicinity of the coast of British Columbia, affords to the residents of tiiat coast an excellent ground of claim to participate in the profits derived from the hunting of the fur-seal, in so far at least as any such claim can be based on tho habits and haunts of the animal. This depends not so much on the mere proximity of the seals to this coast at the season mentioned, as on the enormous quantity of food fishes which the seals consume there, which, if not thus taken, would be available for the direct support of the inhabitants. The inroads of the seals upon the fisheries are, in fact, of a most serious kind ; and .iny claim which necessi- tates the abstention from sealing of the people so affected in the sole interests of a Corporation or Government which profits by the killing of the seals upon their distant breeding islands, must be considered as essentially unjust. The injury done to fisheries by seals of all kinds. Result mg even when in comparatively small numbers, is well known. What, then, must be the efTect of vast bodies of fur-seals,known to congregate on the coast of British Columbia, from which, without counting the pelagic catch proper, about 3,000 skins arc taken each year by the Indians venturing to sea in Urlti-Oi ('ommis- llieir dug-out canoes, and, therefore, at no great .|, ^^i distance from laud ? KiiornioUH ((iiaiitily of I'nod fisluj (msumed by scalH wluu in tluir Amoniil of fiJih (onsiiiiipj. iji-c lu fisLmcs, Ililiti It-rllllli A|i|i"n(llT. vol, |.. 177. Ihji). I >i'Mlli:ll'l.. IlliiirlllWcllti, lllitl. ITiiitcil Stiiiis' Ciiso, Appendix, vol. i, p. 421. A' ;ii:il i|iiiiiilily lif lisli i'(iii-.iiiii((l. isM ( iiiioumoa. UiiitoJ State.'*' Censii.s Hcpoi't. p. (!4. '.iiinn'sistiiiiiiii' (■..()0 t.iiiH pi-1- .'iiiininj. Ibiil. (foot-note). 158 Without cndeavoiuiii},' to cito numerous authori- ties on the (lainago doiii' to the food fwhes by sealu, the foUowiiijr niay be (juoted as exaini)le.s of this well-understood fact : — The fislierios of SleHwifk-UoIstein, on the Baltic, in 1887, wore so damaged by seals that it was feared they might be absolutely ruined, and measures had to be taken to destroy the seals. In Iceland so much damage h.is been done to the salmon fisheries that special Htatulory pro- visions have been introduced, enablii\g persems "to shoot or frighten"' .seals coming near the fisheries. In Denmark, in order to save the fishing industry, rewards have been ollered for each seal killed. ' The bay fishing in Ivsscx, Massaclui.sett«, in 181)2, was so seriously injured by seals that the authorities offered a reward of 1 dollar for each seal killed. Dr. Alfred Nehring, Professor of Zoology in the Hoyal Agricultural College of Uerlin, like- wise in a letter addressed to Dr. Merriam, and in reply to his " Circular letter " (elsewhere rcferrc d to) speaks with approval of the pursuit of the fur- seal where, in its winter (piarters, it is destructive to the fisheries. With special reference to the destruction of food fishes caused by the fnr-.seal of tlie North I'acific, Mr. W. II. Elliott states his belief that a full-grown male seal consumes per diem about 40 lbs, of fish, adult females at least 10 lbs. cr 12 lbs., and the rapidly growing pups or young bachelors not much, if any, less. He adds : — "Therefore, this great body of 4,000,000 or .I.OOO.OOd hearty active animals which \vc know on tliu Rcnl islaiulH, must consume an cnorninuK amoinit of sucji food every year. They cannot average less tiian 10 Ibe, offish each per diem, which gives the consumption, as e.KJnbited by their appetite, f)f crer (5.000,000 lonn of finh trfrij year. • • • • '• If the seals can get double the quantity whicii I credit them with above, etartliug as it seems, still I firmly believe that they ent it every year. An adequate rualization by ichthyologists and fishermen as to what havoc the fur-seal liosts are annually making among the cod, herring, and salmon of the north-west coast and Alaska would disconcert and a.stonisli them." Neither are the depredations of the fur-seal on the Hrilish Columbian coast entirely confined to [249] X i' t i.rii •i ' .;lfc.i I- . 154 8uch fiHlios M at ccrtniii aciisona frequent tlte open H(>a, for tliough it i.s Htiitud in the case of thn Unit«'(l States that the seals — UiiiU'il 8l»teii' Chno p. l'J7. h.'irlotte's Sound (soiueliiucs oven t'oinj' to l|i"i'»li t'o"""'"- ' o o gioiiei'» llopoi't, of Knight's Inlet), the Strait of Fuca, and pmiiH. 177-17l». " (In not outer tho iiilniid watvi'N of tho oounI iluring tlu'ir laigratioii, roniainiiiK iilwiiys in tlx' opuu huiv or iit tlm moutbu of largo bayH, inlutA, and gulfs '' — this statement shows oidy an imperfect a(!quainf ance witii the facts. The notes obtained by the British Commissioners on the coast of Hritish Columbia prove, in fact, that tho fur-seals frequent Dixon Entrance, Hecate Strait, Observatory Inlet, Queen Ch the head in former years resorted even to tho Gulf of Georgia. Mr. J. W. Mackay further writes as 'l)''' . l"»'>- '"•"•• follows : — '• During tho spring, numbers of tlio young animals lliitl., imro. Iri.t. tish in tho broken waters insido tho Imlf-tidu rooks and roefH which friugo tho westorn Hhorus of Vancouvur iHland and of tho othur islaiuk which lie west of the mainland from Quoon Charlotte Sound to Dixon En- trance." And Captain John Devereux, formerly Com- mander of the Canadian Government steamer " Douglas," says : — '• \Vlion thoy are found along Iho bank on the west IWJ,, pnr«. ]M. coast of Vancouver Island thoy aro feeding on their natural feeding-grounds." Adding that — •• Thdugli often far off the land, he has frequently found lliem inshore, and even IS miles up Barclay Sound; as well a.s in the Strait of Fucu, and, on rare oecasioiiH, in tho Gulf of Creorgia." l-'iir-sciils even eiilcr of liiitish Coluiiil upon Hsh there. iiilaii,! u,' in. ainl |,„. It is contended on bcliilf of Ilor Majesty's Government that, in view (.f -'he facts set forth in the present Chapter, there is no just ground for regarding the Pribylofl' !■ i.!i;il v as the sole home or habitat of the fur-seals which generally resort there for breeding purposes. That, having regard to the large proportion of the year during which they frequent other coasts and other waters, and the fact that the whole of their food is obtained from the open sea, no claim to treat them as property, or as a " natural product of the soil," can be supported, on the ground that for a limited portion of the year they frequent the shores and territorial waters of the Pribyloff Islands for breeding purposes. ConclusioiiH. 155 ciiArrKK VIII. HkCAIMITI.ATIDN Ol' AUOUMKNI'. It is submitted ihut, witli reference to the live points stated in Article VI »>f tlio Treaty of Arbi- tration, and the fafts bearing; thereon, the argu- ments and consideralioiiN in tiie ibregoing ( 'hapters liave established : — CiiAlTEii I. — As regards the user of the waters of Ueliring Sea and ot'ier waters of the North Pacific up to the year 1821 — 1. Tliat the propositions that were formulated on p. 3(i of the British Case with reference to the user of the waters of Behring Sea up to the year 1821, and supported by the evidence cited there- in, have not been disjtlacd by any facts or argu- ments protluced in tlie Case of t)ie I'nited States ; but, on the contrary, that the further examination of the subject establishes that, down to the year 1821, Hussia neither asserted nor exercised in th(! non-territorial waters of the North I'acilic, including the body of water now known as Behring Sea, any rights to the exclusion of other nations. CiiAi'rEU II. — As regards the Ukase of 1821, and the circunisf.ances connected therewith, leading up to the Treaties of 1821 and 1825— 2. That, the conclusions claimed to have been established in the British Case, as stated at \). J8, are fully supported, and that the further evidence which has been adduced clearly shows that the Ukase of 1821 - the first and only attempt on the part of Russia to assert dominion o\cr, and restrict the rights of other nations in, the non-territorial waters of the North racilie, including those of Behring Sea — was made the subject of imnn Tate and emphatic protest by Great Britain and by the United States. That thereupon Russia unequivo- cally withdrew her claims to such exclusive domin- ion and control. [249] - X 2 ■ \: i I't' t ,K' J : Hi- M 15(5 iii CiiAPTKii III. — As rcgiinls the ijuesli')!! whelhor the body of water now known as Beliring So.i is indiulod in tlio phrase " Pacific Ocean," as used ill tlie Treaty of ISiM between Great Hritain and IJiissia — ;5. — (a.) That the Conventions of 18"2-i and 1825 deehired and recognized the rights of the subjects of Great Hritain and the United States to navigate and fish in all jiarls of the non-terri- torial waters over wliich the Ukase purported to extend. (b.) That the body of water now known as the Helirir.g Sea was inoliuled in the phrase " Paci lie Ocean," as used in the jTreiity iif IS'25 between Great Hrilain and Ihissi;; ; and (('.) That the constructions plactd on the term " Nortli-wcst co.ast" or "North-west coast of America" in the case of the United States are unsound. CiiAri'KU IV. — As regards the user of the waters in question from 1821 to 1867 — 4. That the conclusions claimed to have been established in the Uritish Case, as stated at p. 90, are fully supported ; and that the further evidence which has been adduced clearly shows that, with the growth of commerce and increase of trade subsequently to the year 1821, vessels of nations other than Russia, vitliout let or hindrance, fre- quented, traded, and fished in the waters of Behring Sea ; and that no attempt was ever made during the whole period to restrict the use of those waters to vessels carrviiiir the Hnssian flag. OiiArrKK V. — As regards the question what rights passed to the United States under the Treaty of Cession of the 30th March, 1SG7— 5. That the contentions of the United States are based upon two assumptions, both of which are entirely erroneous. The first, that prior to the year 18G7 Rnsssahad, in fact, excluded the vessels of other nations from IJehring Sea. The second, that the language of the Treaty of 18G7 describes, and purports to convey, some special rights in the non-territorial waters of Uehring Sea. As to the fjrat, tl"» considerations contained in the first four Chapters have established that, prior to 1867, Eu.ssia had not, at any time, excluded from liehring Sea the vesseln .'f foreign nations. 157 Aa to tlie second, a roforence to the langoage of the Treaty — which is sei out at pp. 91 to 94 of the liritisliCusc— sliows that Eussiawas conveying territories wliich wei-f) then admitted to form part of the Russian Empire, out with no more than the ordinary territorial riglit^. Chaptei{ VI. — As 'o tlie (juestion whether the United States has any, and if so, what right of protection or property in the fur- seals frequenting the Islands of Behring Sea, when such seals are found outside the ordinary 3-mile limit — (a.) That tlic autliorities cited, and arguments brought forward, support the proposition that the sole right of the United States in respect of the protection of seals is that incident to territorial possession, including the right to prevent the sub- jects of other nations from fishing in territorial waters. {b.) That the United States have not, nor has any citizen of the United States, any property in fur-seals until they have been reduced into pos- session ; and that the property so acquired en- dures so long only as they are retained in con- trol. (c.) That an examination of the Colonial and foreign laws referred to in the United States' Case shows that international usage in no way esta- blishes, and in no instance sanctions, the principle asserted by the United States, but, on the contrary, confirms the following propositions at p. 160 of the British Case : — " The right of the subjects of all nations to navi- gate and fish in the non-territorial waters of the sea now known as Behring Sea, remains and exists free and unfettered ; and cannot be limited or in- terfered with, except with the concurrence of any nations affected. No regulations affecting British subjects can be established for the protection and preservation of the fur-seal in the non-territorial waters of Behring Sea without the concurrence of Great Britain." CiiAPTEU VII. — As regards the allegations of fact put forward by tlie United States in connec- tion with Point 5 of Article VI, it is sub- mitted — Section I. — That no grounds exist to justify the' npplicatioa to the fnr-sonl of the; dosignation of :l i 1^ r M ;r i I I '«' ! ^1 1 i m. S! 158 land animal, when admittedly i; derives its entire sustenance from the oi'ean, and passes there two- thirds, if not more, of its existence. Section li. — T'-at there is no just ground for the contention that the seal is domestic in its habits. SEcrtON' III. — That the assertion that the fur- seals resort ini^ to the Commander and Pribyloflf Islands form two entirely and rigidly separated " herds " has been sliown to be erroneous. That, on the contrary, the facts ascertained from a large body of testimony establish that the fur- seals wiii('!i breed upon the islands on both sides of Behring Sea intermingle. Section IV. — That there is no just ground for regarding the Pribylofl" Islands as tht sole home or habitat of the fur-seals which generally resort there for breeding purposes. That, having regard to the large proportion of the year during which they frequent other coasts and other water.^, and the fact that the whole of their food is obtained from the open sea, no claim to treat them as property or as a " natural product of the soil " can be supported oa the ground that for a limiteil portion of the year they frequent the .shores and territorial waters of the Pribyloflf Islands for breeding purposes. CONCLUSIOX. The above propositions, which are supplemental to those stated in Chapter X of the Pritish Case, demonstrate, in the submission of Iler Majesty's Government, that the five points slated in Article VI of the Treaty of Arbitration must be decided in i'avour of the contention of Great Pritain, and that the United States have wholly failed to establish anj' exciusive right of protection or property in the fur-seals frequenting th" islands of the United Slates in liehring Sea, when found outside the ordinary .'J-mile limit; that the subjects of Great Pritain have, in common with those of all other Powers, the right to navigate on, and fish in, the non-territorial waters of Pehring Sea; and that any restrictions upon these rights can only be imposed with the consent and concurrence of Great Pritain. ■ ; .• c 169 PART TI. CHAPTER IX. Gkneral Coxsibkuations affecting the Question of Regulations. IT is necessary in approaching tlie consideration of the question of Regulations (if any are to be Kiade) to rocalJ its relation to the five points raised by the Vlth Article of the Treaty, bearing in mind that it is only in the event of those five questions having been so determined as to render the concurrence of Great Britain necessary that the authority of the Arbitrators as to Regulations arises (Article VII). What, taen, do's that determination ir.olve? It involves the re .ognilion of the proposition that Uehring Sea is to be regarded as a sea open to the connnerce and to the fishermen of the world, and that the United States have no exclusive right of protection or property in the fur-seals frequenting the islands of the United States in liehring Se;i '.vhen such seals are found outside the ordinary .'l-inile limit. It follows that the rights and interests of the United States in fur-seals frequenting such islands do not differ from the rights and interests of any other portion of ihankind, except in so far as the territorial possession of those islands by the Unit'.d Stales gives to their nationals the ex- cV.'Mve right of capture in territorial waters, and the advantages derived from the fact that the seals congregate in large numbers on those islands, thereby giving the opportunity for their slaughter. In the next place, it is to be remembered that the object of Regulations (assuming any Regula- tions to be made) should be the ))reservat;on of the fur-seal industry for the benefit not of the United States alone, but of all those who may '■'^' m^ 1 1 :|tys. lit' Wm M^^^^^l if I'^^H Hi ICO m if 'i'A ' pif^: ; f I find it profitable to pursue tliis industry in non- territorial waters. No such Regulations can be j\ist or efTective unless accompanied by corresponding and corre- lative control over the islands and over the time, method, and extent of slaughter upon them by the nationals of tlie United States of America. To enforce Ecgulationf which would shut out British subjects at Ccitain seasons, and from prescribed areas, from the pursuit of pelagic sealing, aiul at the same time would leave the slaughter of seals on the islands to be pursued according to the mere will of the lessees of those islands or of their Oovernment, would be to establisii Kcguhitions one-sided in their character, and, therefore, unjust and also inefiective for the objt in view, namely, the preservation of seal life. It wil iihown later, that the action of the lessees upon the islands, both as to times, methods, and extent of slaughter, has heretofore exeroised a more serious efrt'ct in causing the diminution of seals in Behring Sea than the pelagic sealing. It is submitted, therefore, that no Regulations applying to pelagic sealing only ought to be formulated unless and until the United States of America have established proper and eflc'ctive Regulations applicable to the islands. Otherwise, the result would be that the Regula- tions would restrict pelagic sealing by British subjects, for the benefit of the United States, whilst leaving the action of their nationals in territorial waters and on the islands without control. But it further follows that any Regulations, to be at once just and efTective, must bind all who have the right to resort to Behring Sea in pursuit of fur-seals. According to the express terms of the Vllth Article of the Treaty, the authority of the Arbi- trators as to concurrent Regulations is confined to Regulations outside the jurisdictional limits of the respective Governments of Great Britain and the United States of America. It is clear that such Regulations would require ■domestic legislation by Great Britain and the United States respectively to make them binding even on their respective nationals, but that ^lomestic legislation by Great Britain could not bind the nationals of the United Stales of 1(51 America, neither could legislation by the United States of America bind the nationals of Great Britain. Equally obvious is it that the legislation of neither country could bind the subjects of any other country. It would therefore be open to the nationals of Chile, Germany, Holland, Japan, Bussia, or of any other Power, to disregard any Regulations made ; and if their convenience and interest pointed in that direction, to pursue the fur-seal fishing industry at times when, and in a manner and under circumstances in which, the like pur- suit would be forbidden to the nationals of Great Britun and of the United States of America respectively. It may be anticipated also that owners of both United States' and Canadian sealing-vessels would sail their vessels under the flag of some other nation, so as to obtain immunity from such Begulations. These results, it will be admitted, have not been contemplated by either of the two great Powers parties to the Treaty, nor would they be conducive to their respective interests. That the adhesion of other Powers has been regarded by. Great Britain and the United States of America respectively as important, is shown by the concluding words of the Vllth Article of the Convention, in which " The High Contracting Parties furthermore agree to co-operate in secur- ing the adhesion of other Powers to such Begula- tions." No other Power has so far expressed its willing- ness to be party to any scheme of Begulations such as the Arbitrators might determine to be right and proper ; and it is apparent that to issue and to enforce concurrent Begulations outside the juris- dictional limits of Great Britain and the United States of America, which would become binding upon their respective nationals and upon them only, would tend to prevent rather than to promote the adhesion of other Powers in the future. It is submitted that, if any Begulations are to be prescribed, they ought to be so framed as only to come into operation through the instrumentality of a Convention, at which all the Powers inte- rested shall be represented, and at which proper provisions for their enforcement binding on the nationals of all snoh Powers shall be formulated, > [249] Y ■"■,1 ' I 1 W\ ^ I'ki if It- \ \f f 162 or I'lat Ihoy slioiihl be conditional upon thq ••wlliosior. 'if s'loli other Towers. It is further submitted that, in view of the great international interests involved, it is fitting that the United States of Vmerica should express their willingness to frame proper and just con- current Kegulations applicable to the islands and their territorial waters. The position here taken on the part of Great rritisli Cnso. y. 9 Britain is that already taken in the original Case. It is there stated : — " Fiiinlly. tlint while Great Britain lini from the first strenuously and eonsistontly opposed nil tlio i'oregoiug I'xcuptional pretonsioiis and cliiima, she has throughout hoi'U favouraMy dispoKod to tlio adoption of gmteral monsnrcHof contvol of tlio fnv-senl tisliory, Hlumld tliCRo l)t< found to honocossnry ordi'sirablo with a view to the protection of the fur-sonls, provided that atich nicnHuroH lie oquitnlile nnd framed on just gromids of ooinmon interest, inid that the ailhrmon of othfr Powi'rn bo seoiu'od iiH a gnaranteo of their oontimied nnd impartial exeeu- tion." f if ' 1 ^ 'I '^1 2 For the oorrespondenee on this point, the United States' Arbitrators are respectfully referred to the ^T- ''^W?"'' '';;., Apjiendix to the T'nited States' Case. X elain\ is made in tlie concluding words of U"i*«'il Stntos' TT ■ 1 .1 , _ , . S , , Caso, 1). .'i(i:!. the TTnited States Case that such Regulations be- •• proscribed by this high Tnlmnal, as will offoetually jtvohibit and j.roveiit the capture anywhere uiioti tlu' liijih sens of any seals belonging to tlie said herd." Tier Sfajesty's Government respectfulh* pr<>test that no power to impose on the Contracting Parties a total prohibition of pel.agic sealing is conferred on the Tribunal by the Arbitration Treaty, whether the assent of other nations be or be not made a condition of such prohibition. Article VII empowers the Arbitrators to — '• deteriuiuo what coucuiTent Regulations outside the jurisdictional limits of the resjicetivo Governments arc necessary, and over what watei-s sueli Regulations sliould extend," The power thus conferred relates to the only area in dispute, vi,-:,, the waters of Behring Sea eastward of the line of demarcation specified in the Treaty of Cession of 18(17, and excludes the supposition that prohibition could have been in- tended. ^ Uuilcd SlutoH' CiiHr, Appoiidix, vol. i, i>. Mi. IbiJ,, p. 'J8G. Ibid., p. U94. ICi.T The objijct of Iteguliitioiis, us laid down in Article Vlf, is " llii! proper protection and pre- servation of the fur-seal ; " not itH reservation for tho T'uited States' Government and their lessees. Th« correspondence which resulto4 ,^ i'^ \ a|>|)i|i. 25.1 -211 1. British Commis- Hioneni' Report, iwra. 132. Ibid., |)ara. 137. tlnitwi States' Cue, Appendix, Tol. ii, p. 412. In the Uuiteil Stalt'H* Case, four [)ru|)OHalH for " A limited prohiliitiuu " are separately discuHsed, aiul each in turit in dincarded an UHeleHH. By the toriii " limited prohibition," it is probably intended toIdeHignute the " concurrent llegulations " ineu- tioued in tiie Treaty iii' Arbitration, but, as has already b(!en shown, prohibition itt not regulation. Tlie main argument of the United States is batted on the assumption (nIiowu to be erroneous) that the decrease of seals on or In the neighbour* hood of the Pribylofi* Islands is attributable entirely to pelagic sealing, and on the further assumption that Itegulations should be framed in the sole interest of tho owners of the PribyloflT Islands. It is shown in the Ueport of the liritish Com* uiissioners that no single measure or precaution is in itself equally appropriate to the several modes of taking seals, or separately capable of aflbrding adecpiate safeguards in the interests of seal life, liut it is further shown that, by a judicious combination of checks of various kinds, an eflicient .system of control may readily be established, so as to embrace the whole industry based upon the taking of fur-seals, and readily adaptable in its nature to varying circumstances. The method adopted iu the Case of the United States of discussing and condemning separately certain measures applicable to sealing at sea is insuiiicient and inconclusive. No doubt total prohibition of pelagic sealing would be favourable to the owners of the Pribyloff Islands as leaving them unaffected, while disposing of the competi- tion of their rivals (the sealers) on the high seas ; l^ut such prohibition would be manifestly unjust to the other interests concerned. It is therefore scarcely necessary at this stage to follow in any detail the arguments advanced in the United States' Case against the several modes of regulation there selected for discussion, or to indicate how erroneous are the grounds on which the suggested regulations are there condemned. For instance, a close season as applied tu sealing at sea is supposed to be sufficiently condemned by pointing out that differences of opinion exist amongst the witnesses as to the time of year which it should cover. Again, Professor Huxley's opinion is referred to as in favour of total prohibition of pelagic sealing ; but on reference to his statement, it will be seen that ue is careful to point out that, I.. f.:i si ! , , I, • ■;!.■: ti: ■'k :;!, 168 ' 1 1 1, I , *5 i. under the ciivuiustaiices ol" tlie case, total pro- hibition is impossible, and, lo nse his own language, is " out of tiie question. " The proposition thai a proleetive zone should fsiu anU; [i, 1(5;?. be established round the Pribyloll' Islands is treated as an absurdity, although, writing as late as the 17th December, 18'JO, Jlr. Blaine himself made this proposal in words already quoted. In the Case of the United States, frec^uent allusions are niadc to the opinions expressed in letters by certain well-known naturalists as to the best mode of preserving and protecting the fur-si al. The method in which these opinions were obtained, and the data upon which they were based, require some notice. In Article IX of the Treaty of Arbitration it is provided that — "each Cioverniiieut slmll appuiut two Cunnuissioucrs to inveutigato conjointly with the L'oinniissioneM of the other Cfovurnmeiit ail tiie facta having relation to seal life iu Beliniig Son, ami the lueasiu'cs ni'cessai'y for its proper protoutiou and p!'"S(ivatioii. " The four ComniiHsiouon hliall, ho far as they may bo able to agree, make a Joint Report to each of the two Govennnentg, anil tlicy shall also report, either jointly or Hcvernlly, to each Governniout upon any points upon which they may bo unable to agree. •' These Reports shuU not be made public until they hhall be >-;ubniitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitra- tors cannot arise." In view of the above provisions, ant particularly of the last-mentioned one, which enjoins the privacy of the Reports, the British Commissioners have preserved the strictest reticence with regard not only to the Joint Eeport, but also in the matter of their Several Eeport, and have not disclosed in any way the conclusions at which they have arrived on the various points. However, Dr. C. Hart Merriani, one of the United States' Commissioners, has submitted to certain naturalists a " Circular letter " bearing on the subject-matter prepared for the consideration of this Tribunal. In the introductory paragraph of his " Circular letter" Dr. Merriam writes as follows, dating from Washington, April 2ud, 1892 : — '• Dear Sir, " The Govornment of the United States having se- lected nxQ as a naturalist to investigjite and report upon tlio r;oiiilitii>u of the fnv-Hcnl vuokorio* on the Pribylnfl' FHlmuU ill Hcliviiig Hen, witli gppoinl vvfcronco to the I'luwos of (Ict'i'uiiNo niul till) iiK'uwroH iicpCNsnry t'ov tho iCHtorntinii niiil ponuaiiciit prcHcrvntinu of tlio Bonl liord, I visited tlio Piil)yl(p(r IsIuikIh and nmdo an extoiidml invp8tif!;nti. 414. . 1 . ., , 1 . , nved lit tho nlmvo coiiclnHinns and rcrnmini'iidatioim tVoiu tile Htandpoiiit of a iiaturaliKt, I (lc»iro to know if yon agi'fi' or difl'uv with mo in coiiHidoring thcwo conolii- sionBund voconiiuoiidutioimjuHiitiodand iieccsHitated l>y tlio farts in tho oane. I shall ho groatly ohliged if you M'ill favour nn* with a roply." \ ■i f h \ I I i Ilii.l No mention is made of tlie Agreement entered into by tlio Goverunieuts of Great ]h-itain and the United States in respect to the joint character of the investigation of the facta of seal hfe ; and, in the absence of other sources of information, the naturalists to whom these explanations were ad- dressed would, it is submitted, naturally assume as correct the facts stated by Dr. Jlerriam. To the mere fact of the submission of the ques- tions at issue respecting the fur-seal, and the methods appropriate for its preservation, to the judgment of well-informed naturalists, no excep- tion can be taken. But on examining the body of the " Circular letter," it is found to be a precis of the more important conclusions contained in the Several Report of the United States' Commis- sioners. It thuti consists of a series of assertions and arguments, some of which are in direct oppo- sition to the conclusions and opinions formed by the British Members of the Joint Commission, and many of which involve assumptions of fact which are directly controverted. Dr. Merriam was, at 'I'c time of [writing and dispatching this Circular letter, well aware of the different views held on many points by tlie British Commissioners. The date of the letter is nearly one month later than that of the conclusion of the joint Conferences of the Commissioners. It is uimecessary here to discuss the statements made in the Circular letter itself, as they are con- sidered in detail in other parts of this Counter- Case. Neither would it serve any good purpose to criticize at length the nature of the replies pub- lished. ■m l^ I ''j It ' lann It it, however, to Im^ noted thnf MevorAl of the naturaliiitii, whoHe replies are given, do not wholly agree with the ^'onrlimionN {ilnct'd before them. Thus, Dr. Alplionso Milne lulwards dt>e« not oomniit himnolf to Dr. Mcrrinm'H coni'luNtoiin rex- jiecting the reciuired mode of prot«'<'tion of the fteals. lie pnralli'U the t'onditions, very appro- priately, with those allt'Cling migratory birds. In concliinion, he dtatea that only an International ComnuHsion can lay down Kiilos for the protection of the ilflhery. Dr. Alfred Nehring points out that the purauit of the fur-aeal in its Routheru winter quarters may be justilietl on the ground of its destructivencss to fish. Professor Robert Collet believes the nmtter to be one for an International Agreement for a close time, similar to that in force respecting the seal fisheries of the North Atlantic. Dr. Gustav Kartlaub, writing apparently with no other knowledge of the matter than that afforded by Dr. Merriam's letter, brielly states his agreement with its general conclusions, but regrets that for practical reasons the prohibition of lumt- ing fcr a few years cannot be thought of. Professor Count Tommaso Salvadori i>oints out that, in addition to the elTects attributed to pelagic sealing, he l^elieves the killing upon the islands to have been too great. Dr. I.ieopold von Schrenck in brief terms records his full agreement witli the statements presented to him. Dr. Henry H. Giglioli likewise fully agrees with Dr. Merriam, but takes occasion to deplore the killing of " pups " on the islands, which, it will be remembered, was allowed to continue till 1831. Dr. Raphael Blanchard points out that the kill- ing of young males on land requires to be regu- lated and severely limited, as well as the killing at sea. He believes tlie matter to be one for an International Commission. Professor Wilhelm Lilljebord and Baron A. E. Nordenskiold, point out that the protection re- quired clearly divides itself into that on land and that of seals at sea, where near to or connected with the breeding rookeries. Dr. A. von Middendorf states that international protection is necessary. Dr. Emil Holub likewise believes that protection **»»•»• I'llitI ll ("use. A Mil. i, I Hidiilix . 111. ion imiihI 111' jircnidi'd i'(|iiall3' mI ,'i'.'i .iihI i.ii llwi lilctdillj.' iNl.'lll(l^^. lli^ MI'.'I.M'Sl.M MM I llli'ltl.'ll iolllll Dr. Ciirlds Itcr^', in ii few lines, iigrccs cnlircly willi l>r. Mciiiam's runcliiNionH. 'I'lu- ulali-nicnlM uunh: \>y two imIiit naliirali.slH, to wlinni il. ildcH mil. ajiiji'ar llial Dr. Mt'rriam'H "Circular Idlii' " wmh Ncnl, niiiMl, in cDncliision, lie nirnrKinrd. 'i'licsi' ai(! I'nirt'NHor 'I'. 11. Huxley and hr. I'. I,. I^elaler. I'lofessor Huxley's opinion a.s j^iven in llio A|i|ii".dix of tint United Sliiles" Ca-ir, conNlitulcH a fnir Hiai.'inent orconclusions and recunnnendationH, nuili as may well lui\(^ been iiased on llie ]iulilislie(l evidence avaiialile lip to tlie lime at wliicli it was wrillen, liut wliicli, of ('owisc, did not includo the I'eiiort (if llie invest ijrat ions ol' llic Mritish lieliiin^u Sea ('onnnissioners or oilier later evi- dence. I'rofessor Tluxley admils llie nuinilcst ri;,ditH of Hi iiish and nil oilier sealers al se.a, and of tlin I'niled Stales, on tlie I'lihyloir Islands. He [loinls out llial il is tlie interest of Imlli parties to pre- serve Ilic s( als, l)Ul tliat (fveii llie concurrence of both < li'vcrnnients would Ixi insullicieiit, as this would not e.xcluile sealers under oilier ll;i;,'s. lie sui.'f.tests that Si Joint Fishery ('oniniissioii luifjht lie established to deal with, and make laws lor, the rriliylon', Hehriii}», and North-west Coast fisheries, under the tcirms of a (ieiieral Trealy, lo which .' I ^-f:l I 166 D United States, and cannot be admitted to have more weight than these. Upon ai'y discussion before the Tribunal upon the subject of Regulations, Her Majesty's Govern- ment will reler, if necesssary, to a Supplementary Eeport of the British Conxmisaionero, which is now in course of preparation, and will, it is believed, be presented to Her Majesty's Government by the 3l8t January, 1893. The succeeding chapters Jiave been p'-epared in order that the Arbitrators may be put in posses- sion of the true facts material to the consideration of the questicu ui Eegulatious, and of the reply on behalf of Her ""^ijesty's Government to the arguments and allegauons of fact contained in the Case of the United States with refereuc e to pelagic sealing and the management of the j inlands in thu past. 'Ml" 1^;' 167 ( '(iNsiDicii.vnoN OF Statements put foiiwaiu) bv THE United States bearing upon the Ques- tion OF THE necessity FOR REGULATIONS. CHAPTER X. D(it(' mill Aiitount of the ohs(;rrihi. Decrease in the AltDihcr of Seals. Tin: Un'itkd Statks" CnxiKMinNs. (I.) ruitcd Statos' CVo, p. lOt - " Under tin's ciirctiil maiingonicnt of tlio I'liitod Slaces' Government tlie sciil lierd en tlio Prioilof Islands incrcnscd in imnilii rs, at least u]i to the year 1881. ' (- ' United States' Case, p. loo — •■ From the year 1880 to (lie year 1881-8."), (lie eonditioii of tlio rookeries showed iieillier iiieie;.sn nor deereaso in the nunilnr of seals on the islands. In 1S8I-, how- ever, there was a jierceptihle deereiKO notieed in tho seal herd at the islands, and In 18S.") the decrease wa.s niai'ked in the nuLrratina; herd as it parsed np idonp; tho Ameriean .Mast, bolli by tho Indian hunters alonfj the coast and hy white seal hnntersal ?■ "i. Since that time the deeivn.-ie has lieecnne more evident from year to _,'ear, butli at tlii^ ro.ikiiics and in the waters of tho I'aeilie (lei m and Behriiig Sea."' (:;.) United States' Case, p. -Jitd— "Tliat this decrease bcijan with the incr.^nso of pnch Tiela,iiUt, as early as 187il ; and ilsprogrcss had become still more marked in 188;f. The decrease began long before jiclagie sraliug had assumed any importanco, and before any iiehigie scaloi'S had entered, or even approached liehriug Sea. The attempt focoiiueet the date of the lir.-t decrrase with that of an increase of pelagic scaling fails, even when cxnmined in the liglit jf tho contentions » Ivancod hy the llniti'd Statis. [24t)] Z2 168 No trust woitliy iiumfiiciil dnta exist to pmvo tlio amount of lU'tTiase on lliu I'riljvlolt Jslamls, iiuil tlie cvideiicu relied on by the United Stiilcs to )ii'ovo its great [iro- portions is incoirtct or ineunclusive. There lias been no decrease of seals at sea corresponding witli tliat found on tlio I'ribylolY islands, the nuinli' r at sen liiiving |)roiioHioniiti'ly, it not aetuallv, increased in lat<' yciirs ; an effect [iivbably duo to tliu distiirliiua^u incident to killing on the ishinds. ^: '11 H fn- '■' \ , I ,:' ; f I'' € il From, llie quotations given above, it appears lo be aflirmed iu the case of the United States that the seals increased in nunil)ci' on tlie PriliylolT Islands under the control of the United States' Government at least up to the year 1S81 ; that United stales" from the year 18S0 to the year 1884-85 the nunibei- : ' ' remained stationary, but that in 1881 a decrease began,'* which in sidisecpient years continncd and became greater ; that such decrease was observeil not alone on the Prihylo Islands, bnt also at sea generally: that it connnenced conleniporaneonsly Ibid , pp. It!.', Kh". with the increase of pelagic sealing, and is of an exceedingly great and alarming character. Ibid., p. 290. The decrease of seals upt)n the .Priijyloll' Islands has no doubt lirought the whole question into l)rominen(.'e, and it is the prospect of the diniiim- tion of the siq)ply of seal-skins which has stirred the lessees of these islands to agitate for the inter- ference and ])r(iti>ciion of the Government of the United States, from whom they derive these special rights. The lessees com[)laincti of the operations of pelagic sealers, and attributed the decrease of seals observed on the In-ceding islands entirely to pelagic sealing ; and, in consequence of these com- plaints, the United States endeavoured to put a slop to jjolagic si'iling b\' means of the seizure of vessels on the high seas. As to the diniinmiun in the innnber of seals, the Ih-ilish and Unileil States' t'onnnissioners agree to the following j)rt)position in their joint Eeport : — " Wf lind that siiici; tiio Alaska pin'cliaso a marked Ihid.. p. fiOi'. '(l and explaiaed, iiiitisli and Uuitod States' t'uiiiiiiiir HJoners udn\it (loeiva.^c, • 'J'li,' dnies do not nre^'iciy corre^poni, bid ai'<' given by the United ."^ia e- in Inf.' stated. 169 place to ascertain correctly the date at wliich the diminution commenced, and the amount oi the diminution. Upon this point the conclusion arrived at by the British Commissioners is expressed in their Eeport in the following- terms : — "A critical iuvcstigiitioii of the puhlislieil mutter, together witli tiio evidence poreonully obtaiiied I'roiu iniuiv sources luul an exaiiiiiuitiou of th.e local details of Britisli Coramiasioucrs believe de- crease to have been pvautically continii'""^ under United States' Britisli Commis- the rookerii's and hauling-grounds on the I'liliylofl' Bionera' IJeport. igj.^ijg i^ads us to believe that there has been a ncaidy para. 57. . , . . . ., i- • i- ,.1 contnmous detonoration in the eondiliou ol tlie rookeries and decrease in the number of seals IVequeiit- ing the islands from the time at which these passed under tlio control of the United States, an I that, although this decrease may possii)ly have boon interrnpted, or even reversed, in some specially favourable years, it vras nevertheless real, and in the main persistent." Pooreaso on Islands suiious before pelagic sealing. With reference to the attempt made in the Case of the United States to connect the com- mencement of the observed decrease on the islands with that of the increase of pelagic sealing, it will be found (in addition to the general evidence of deterioration during the earlier years of the United States' conirol"!, that after fixing as nearly as is now possiljle the actual date at which the scarcity of young nude seals had become such as to hamper the lessees in taking their "quotii,'' the British ('ommis- si( s state that this stage in decline had been re;n netl — Ibid., para. 688. " before the pelaiii. sculing industry had iiaiihd any considerable de\ elopii-.ent, and sonif years before it could, under any valid liypotiiesis, b' supposed to be accountable for any such result," liiiliiulfy in taking " quota " on the lelauds. The opinion above expre--ed is fuithcr con- firmed by the exanunalionof he evidence attached to the United States' Case, and also by tiie inde- pendent investigations of Mr. If W. Elliott. Mr. Elliott, it will be remcndii ■ was sent in pursuance of a Special Act . . ougress to the islands in 18!)0, to ascertain liie condition of the rookeries, his previous investigations having specially qualified him for this inquiry.-' • It will lie furllier romemborod that the Rc|U)it tlieii niado by Mr. Elliott lias never been published hy tlio United Stitcs' Government. The cxtraits iu Britisli Casc,Appendix-, vo!. iii, "United States No. 2 (1891)," p. 53. are those given from tlio Report iu tlio " Cleveland Leader and Morninj^ Herald." i' ;'■ M ! iro III treating of the causes and time of com- mencement of the decrease, Mr. Elliott alludes bolh to excessive killing on the islands and to pelagic sealing, and of the foi'mer he writes as follows : — •• Why is it that wo find now only a Huant tenth of Britisli Case, tlio nnmbovs of young- malu Boals wliicli I saw thero in ivf,'"!" , ,;.^° 1H72? Wlion (lid this work of (loorcaKo and dostniction jfo. 2 (ISOl)." no marked on the l)roeding-ground'> there, begin, and P- •''C• how ? This answer follows : — "(1.) From ovor-drivinp; without hoedinf^ its warning first begun in lf<7'.>, droiipod th( until 1882, tiien suddenly renewed agiiin M'ith increased energy from year to year, until Iho end is ahnnitly reached, this soasn, eomi]h(e exiiaustion of tlie stu'plus siipply of yin;i;g' male seals, would not bo observed — it would not b"-e jiapiieued." FrcMu (■\i(l('n('e of an independiMit character, the ISviiisli Commissioners also show that, as onrly ;■ - 1S711, ll;c area of '• drivinL' ' on tlio isiand^ i!:;il td l)c' cxlcnded. in order In -secure the ^' ijno'a Wfiulit of siviiis iKKi lo DC mwi'icd, 111 oriiur ,,„,.„. C83. to ciialilc llic " i|iiula " to l)c iiiaiiilaiiicd. On tliis jiavlinilar symptom, markiii;:' a slajj'o in pro!j'r!'s-i\-c decrease, l)r. IF. II. >il<'liilyre writes : - Fr.rlhii- (. vi'lenec \,, tl.i- i' and as e,-irly a> ISS.'i llic standard Ilritish t'eimni.^^- , , " , , 1 . , sioncrs' Ucimrt, ins hail to he lowi'fcd, m order '• .Vft' r l.'^''>ll the sizes decreased, and liiive eonsfantly decreased ever since. T,ast year [1^87] they [the London Iniyers] Neiit an urgint ajijieal to talce larger 11. It. .'lOih Cdii^- , >ldns. asthe si/eswci- ruiinii .■■ down; but we were i^a'l ■';'ef.s., Hepnrt X(i. .■iS8:!, p. 1 lf<. unuble to res|)ond, and during ilie prcsjent si-a.^oii tlic citcli nveragiK ^tiil smaller in si'/e." .Vihiiitti'd reihii'tinii in >l;ii c if skins ill iss:; IT Ftirtlior facts hearing dircv'tly on tliis jxiint. will be fonnd at pj). -.'a-i, -^l.'i of this Coiinlcr-Case, and in llic lleport of the Jirilisji Commissioners on this subject, so that it is nnnecessary here to follow it at greater length. In the endeavour made, in tlic Case of the United States, to fix the whole responsibility for an ohserved decrease of seals on the IVihylofl' Islands upon the pelagic sealers, the arguments advanced are founded on so long a train of Urilis sinner pnriis. !i t'liiiiinls. .-.' Itepevi. 171 iTidvusc ill fw.ls 18 ttttributud to peltigic sealers on untrustworthy .lata. Drii'lrxaiiiiiiali'iii ul' iIiusl- Jiita. Ihlii :i»>iiiik'il li_v I'liitud Stiiti's iiuplvtlia* (ilisi'rvod ilfcroiise must 111-' iliK' to killing SOUR' yi'cir.s li.jf.iiv tho ik'criasf. untrustworthy (.lata, tliat it is not possible here to controvert flieni in logical onler without passing in review nearly all the topics relating to seal life which are dealt with in this Counter-Case. The loss of seals kilhjcl at sea is greatly exaggerated and iiypothetical figures are thus arrived at for the total number of seals killed at sea, wlilch, as lb" el sfij elsewliere rihown, are erroneous. Tlie proportion of females and the percentage of those whi^-h are still carrying their young are in like mauiiL'r ex- aggerated, and the fact tliat no eorresiumding decrease of seals at sea lias occurred is ignored or denied. In order to understand the actual character of the ct)uteution now advanced on the i)art of the United States, it is necessary to bear in niiud tlie following material fads: — 1. It is alleged thai the seals killed up )u the Prihyloir Islands are younji' males only, say, under varied eondilions, nuales of from 3 to •', years of age. 2. It is asserted in the case of the United States that almost all the seals killed at sea are iemales, and that avast nnijority of these are [to the jonth of liehring Sea) gravid females ami (in 15ehring Sea) nursing females. 3. It has been shown above, and is elsewhere further demonstrated, that the decrease on the Pribyloir Islands had reached serious proportions as early as 1879, and that the date assigned in the Case of the United States (188-1), on the authority of retrospective statements only, is erroneous. •1. It is fnrtlier shown by the official Eeports of the United States, that the decrease observed and complained of in 1870 and in following years occurred in " killable " young males. It is thus apparent, in conformity with the position assumed in the Case of the United States itself, that any scarcity of seals ol)ser\ed on the Pribyloir Isliuuls, if due to pelagic; sealing, cannot have resulted from the killing of such aiumals at sea in the same year, but nuist have been the effect of the killing of females with young, oi' of nursing females, three or four years before the actual scarcity of " killables "com[)lained of on the islands became manifest. Thus, in accordance with the contention now advanced by the United States, the didicuilty in obtaining the "quota" in 1884 must not be attributed to any kilhng at sea in that vear, but ! ( ,"■ '■ \ I "J ^ "IS' must li;l\ r li 'I'll i'iillS('(|i|i';il ii;i --ili'li MH'm',' ill |SS| 1111(1 ill iircri'iliii;^' yciirs. 'I'lic .•ici'iirni'v iif sl,'ilisli("< 111" si'mN killed al sea given ill llii' ('asi> o|' the I'liilcil Si,ili"< is iiol coii- «'('(Ii(I; lull, even .'issiimiii;; llii'sc as a Itasis of argimii'iit. il is IoiiihI liial llic lolal pt'lajjiti calt'ti I'niirl SinlrV ill IST'.i. ISSO. aiul lSii'lM;;i.' soaliiifj williiii llic limiis dl' jli'liriiior Sea (liv llic |iiit|,ii ('..niiiiin- I'liilfd SiMi.'s vi'sscl. "San IHcht.)") ,vas allcniiilt'd '■"""•i;;, H ■|""i. in ISSI, whiii' it was iiu! lill ISSI lliai a Caiiatlian vcsst'l (il' ' •• Marv VUow ') (iisi o'llcrcd llnl sea (ov [iiiU'os r si'aiiii!'. In (lie vi'.its prtvcdiiiL! 1S71I llii' wlinle nniiihcr (if seals killed at sea (still cinplovini;' I lie ri).;iii'('.s given liy llie I'liiied Stales) liad lieen ciniiiiara lively insi.'-iiilieanl. Tlins the (liniinnlion in "killaliles" elaiiiied to IiaV(' heen liist i'l>sei\i'd i>ii the islands in ISSI nnist liavi' lie( n due lo the loss of al must (1,(100 lUiile pups in the years IST'.t. ISSO, and ISSI.^* ^\'llen it is ImiT.e in mind I'lal the legal "(pmta" iipvMi the i'iili_\liiir Islands in eaeli year was ltH>,(H1l). till' nnl'iMiiuled natnit' of llie eontenlinii ndw held liy tlii> I'nited Slates in respeel to the etVeet (>!" pelagie sealing lieeomes snllieieiitly ap- parent. Init it" the new eontenlion alluded to (here aei'ept('d merely lor pnri>oses of diseiissionl is diseard(>d. and the laets diselos.'d in the ollieial Keporls o( the Vnited Slates are regatded instead, the exiraonlinary eharaeter ol' the ai'ensation levelled against pelagie sealing, and pelagic sealing alone, heeomes slill more apparent. These facts show that the dilVienlty in secnring' lhe"ipnila" (in the islands was fell as early as 1S7H, or at a dati' twii ye.irs liefore iiiii/ vessels had entered Hehiing Sea for purposes of pelagie sealing. If therei\ire lh(> seari'ity o\' young males then apparent on the rribyloll' Islands be atlrilnited to killing at sea. it nuisl have resnlted from such killing in 1S7.">. lS7(i. and 1S77. which in those years (as- suming the ligures printed by the United States) amounted only to l.lilO; 'J.tU'J ; and ."), 700 seals in all ; and this entirely outside tlu' area of Ilehring Sea. It must further lie remembered that the number of skins ciMistitutin^ the North-west Catch as Sl.lllKlli'l- Ml ilHcIf hllow di'i'li'iise wii I'i'aliiiL'. I'liii.a ' tlllll ill '> lll'l lill- ' 'I' ('„M * 'riiir< is 01) \\w nsMiui|itioii tli;it n// tlic sciils kilKni nt sea woiv j;i'avi,i fiiualos. iiiul tliiit llicM'Xisuf tlicynung lost woro ciiunllv ilividi'il >u tliis jHiint (sec ]ip. 000 . Hiill llli'll nyUy.l. I'li-^Ms. No (Itici'i'iiitn ol)N(irvi'il iiiMOfl, Kominii for (liHoreiiro (if liritiMi and lliiitcfl Ht.iit(m' HfniiHfiow, Dt'iliNli'ConiiniH- HiiiTHiiH' Hnporl, Appi'iiilix V, 'Ulilo (C), p. 20t;. 8'jo p. ',Ji»7, Date nf (locronHo iixo J in tlio Uiiitud iStiitflH' (JiiHo oppoHod to provioUH uiliciiil ItoportH. H. H., 51st, (.'(.iig. IhI Si'hb., Kx. Dcic. 450, p. 41. Also H. II., .'.Oth (!i>ng., 2n(l Sohs., . . Report :{«33, p 72. United StfttoB* ostimatc of tlio amount of docrt'aHo. 173 Htiiltjil Oil lilt! piirL of tilt; United riliitcH In known to innluclfl n\l fikinN brouj,»lil, by vohmoIh Ur I'anifid portH, (iiul tliiit of Ihew! ;i coriHidcirallo proportion (piirticiiliuly in llir- cftrlicir ycarH) whh ikrivnd from ntidH iniidc upon tlii! Kiirilc und roniinundcv ImI/ukIh. Fiirtlicr, tliiit tin; H(;iir<:ity of younj;^ niiil(! H(!itlH upon IIm! I'riliyloll' iHiiindn, ho far from cHtabliHliing ^'cncral dccadcnrf! in mial lif, Report 38.W, moans ol .in actnul or rather au assumed census. no 332 333 The numerical statements tluis repudiated by the United States' Commissioners are those of the accredited Agents of their own Government on the Pribj-loff Islands ; but in distrusting these figures, as well as in attributing exaggeration to the former estimates of number, they are in accord with the British Commissioners, who, British Commis- writing of the islands alone, and witliout con- ^"08^52, 357V'368, sidering the number of seals met with at sea, •*""* especially 365. say:— . "A study of the available published data, made in Ibid., paras. 90, 91. councction with a personal examiuatiou of the various breeding-grounds themselves, has eonviuced us, how- ever, that some, if not all, the estimates of tho total mniiber of seals made in the earlier years of tho term of the Alaska Connnereial Company have been greatly exaggerated, while reports made in 1890, however accurate in themseivos, have, because compared with those overdrawn estimates, exaggerated the amount of the decrease. The alarming forecasts as to the condi- tion of tho breeding islands, based upon reports made in 18yO, have, fortunately, not been verified by the i'acts in 1891, us personally observed by us." , Explaining the oxiiggeratcd csti- uiatcH of dccrc:»so. It is important to note that in 1892, so far from there being any continued deterioration of the condition of the "rookeries" on the Pribyloff Islands, the observations of Mr. Macoun show a Appendix, vol. i substantial improvement and an increase in the ^" numbers, particularly of young males, which had during the years 1890 and 1891 been granted a partial iranumity from the enormous draft hitherto annually made upon them to fill tJu! Improvement in 1892. \ikt't('il UN It inilli'i' )>l' priiiiit im|iii' in piii't Nii|i|>li(y iiii'iiliMiliil iilliiNioiiH ov t'olluti'ial olmcrvutioiiN wliii'li Invc ln'oii (HVMi'ivoil." Mr, .1, M. Macomi, Mticr ;i paliciit aiul Ncii'iililui iiivi'stij^.uiou ol' lliis suliji'i'l in I8!l'.', In»s rcui'lifil roiicliisioiis wliii'li fully lu-iir mil tlio (ttali'iiu'iit ju(i| iiuofi'il. M'icr (lolailin^; lii^ oliMi'rvniioii.s. he vvritos :- • •• Wlu'ii on llioinlainlH I \viiNiij;iiiii iiiiil iinuiii toM lliiil AlM't'ii'li*. vi>l. i, till' yi'llow p'liHH iiiiirkt'il tlio limit to wliicli m'lil.t Imil '' ' • • • ii'iu-lii'il. Ailmittiiij; this to l>i' tiiio. tlii'io iN no wiiy >•!' liotoriniiiin^' wliat |>i>ortioii i>t' thin j;ioiiiul lmn ln-oii oi'i'upiod liy Ni'iilH at i>iio liino. 'riio licluMi-i'ovi'ii'il n'l'lvN jnovii tliat iimcli i-l' it has liocn ili>NcrtiMl liy tlii'iii t'ov many \oaix, wliilo tlii'ro aic otlna' |mrlM of it that o^hihit uiiiiiiNtakal>lt> ('viilt>iu'(< that ni'iiIh hnvo hcoii on it within a fi'W ycaiH; ami in yet otlicr iiihcn mojiIn woii' sciii ill g'l'i'at iniinhi'rs in It^l'l ami IS'.i*.' hauU'il-out to tlu'oxtivnio 0(lg>> of tho gi'oiiml iU>limy yellow >;iaHH, aiul not ill a tow iiiNtanot h a lon^; way hoyoml it. "Wlu'iitlio rookeries on St. I'aiil julaml we.o la.>!;or I'ookei'ies, siieh ;is Ke« t', Tolstoi, ami I'olavina, the Neal.s hail httiiliil-out lus tar as theio was any siguM {A' their ever liaviiij;' heeii liefoie, ami in many I'a.ses inui'h tarther; jilu>toj;ia|ih(» Hhowing this were taken at all the priui'ipal riv>kerioN." Conlirimnl liy oliNiiivaliiniH in | m. OliHurvntiuna ut m-u, uh wuII an uu iHluiulH, inuMt lio uuiiHideraJ in jnil^iiiK of iniirunHo or (k-cri'iise. Aiu>lhor matter to wliieli .speeial lUteulioii i.s ihawti liy the British (.\>nm\issioinMs, iii re.spei-t to (he wlioU' luiiuber o( seals, is llio uoee,>|i IV) IMi viilitiiiM ill iNiji SIllliHilCH Inr |Ktl2 illilirulK Mil ilirn'MMr. locroauo at aea. Eviileueo citod by United StutuH to BliowdeciviiHo ut Hoa tliniWB liltlo light uii tliu qlleHtion. United Stjitcg' tiillliili ( IiiiiiiiiIm KiiiiiiirH' ll-172. , 1 .1 /■ 1 11 •.! ' couHt, and therelore corresponds generally with . , that given Ijy similar witnesses to the British Commissioners, and affords little, if any, real information as to the general al)undance of seals at sea, These Indians, inhabiting the coast of the continent, are in most, if not in all cases, necessarily ignorant of the enormous annual slaiighter of seals made on the breeding-islands ; m < ). ITS m f l.r^ )! J*^^!l ■^4 1 y and, for this reanon, the \'i\<\ lliat llii-y attribute any scarcity of si-aU ob.st'rvcil by ibcm to the acts of their rivals, the pelagic scalers (of which hosidcH (heir own Inniting .tliey are ahnie cog- nizant), must be accepted with great reservation, as eviden(!o respecting the ellects of pelagic sealing. It is furtiier to be ■• marked, that the evidence obtained from Indiar. ., itnesses, and printed in the Case of the United States, appears to have been either very incorrectly translated or very imper- fectly set down. Thus, for example, of twelve Indians examined by the United States' Agents at Barclay Sound, eight have since been examined by Appendix, vol. ii. Mr. Siierwood, and on important points contradict J'P' **'^-i<5''» the statements previously attributed to them. The greater proportionate number of seals now Methods prnctised on tlip iskndi tnet with at sea, as compared with those on the breeding-islands, is largely explained by the disturbances to seal life incident to the methods practised on the islands; of which evidence is British Commis- quoted bv the British Counnissioners, and it is '''°"*"'*'5"P?J!'' ' ' pants. 4127-446. said that — " the pel I era 1 ctTcet of tlii'se cliaiigeH in Jmliits of the Henis is to miniv.ii/.i- (lic iiumluM' to lie seen at any one time on the lirccdiiig islnn In, while the avi'iiip;o number to be seen at sea is at least proportionately, thougli perhaps, in iace of a general iloercase in total number ibid., p»r«. 445. of seals, not nbsolntelj', increased." drive the seals to b> It will, in addition, be found, that in the large mass of testimony collected in 1892, and presented in the Appendix to this Counter-Case, in reply to United States' contentions, both whites and Indians are almost unanimous in denying the existence of a decrease of seals at, sea; and that many experienced men affirm their greater abun- dance. That, while the Indians sealing from the coast believe the seals to be less numerous in proximity to the shores, they attribute this in part to a change in habits resulting from persistent hunting, in part to the absence of large runs of small fish, such as herrings. When small fish are abundant on the coast, the seals are more numer- ous, and are found even to enter the inlets and bays in pursuit of such fish. Finally, in reviewing the whole of the facts and evidence collected by them on the nature and amount of the decrease in the fur-seals of the North Pacific, the British Commissioners write that they are led to believe — " that there has been, in tlie main, a gradual reduction Ibid., ptra. 94. Late evidence shows increase (or no decrease) at sen. General conclusions on date and amount of decrease oi seala. IT in tliK total viiluMiit nt' nouI lit'n in tlio Norlli I'lU'itiL', (liktinK liiK^k to II puriud upproxiiniituly coiiiuiilunt with tliu I'xcoKHivo mill iiTccnliii' killiiif^ on tlio I'ribyloflT iNlanilH in lHi!7 to lH(i',), Imi tiiiit tliJH ri>(lui'tion in totiil volmiio liiiN not ill liitu yearH liui-ii nciii'ly ho nipiil iih tlio ol)NL>rv(i(l ili'ci'(;uH(( ill iiiiiiilM'rH npoii tlio I'liliylolVbruud- iiig iiiliuiilH ill tlii< (.'oi'ivNiioniliiip; yciiiN,'' So large ii part of the lU'iiorl ol' liiu HriliHli CommissiouoiH is devotetl to the subjects iiieliuled under the cuiitentioiis in the Case of the United Sti'tes, which stand at the head of this cliaptor, that it is not here considered necessary to oive more tlian a brief abstract, in wliich tlie con- clusions arrived at occupy the principal place. An examination of the Report itself is respectfully invited. The facts observed liy Mr. Macoun in 181)2, together with the evidence obtained from a large number of practical and experienced sealers, further tend to bear out the conclusions arrived at by the British Commissioners in every respect. It is submitted that the facta above siated demonstrate that the commencement of the de- crease of seals on the Pribylofl' Islands had been distinctly observed upon these islands for some years before pelagic sealing developed to any substantial degree, and many years before it could have had any practical efl'ect on the i.umber of killable males on the islands. ! 1 f l^v 1 ^ ■Ml 1 4 [If 180 CIIAPTEll XI. mi AVfijatiims unulc in. the Ctwe of the United States agair.st Pelagic Sealing^ and Replies thereto. Tin: U.MTKI) Si.Mlis' ('l)SIKSTlON;!. (1.) I'liiteil Slnt(>N' Cnso, p. IT-t — "11 liiis iilso Ix'i'ii slidwn tlint tlKMlcoiciist' in the soiilw todk i)l:ic(' pvimarilv nmoiiR (lu! foninio portion of tlic (2.) Unitoil Sliitcs' I'lisi', )). l77 — "Tlio sole iMiiso of (]ii} piTsciil ilopleli'il coiiilitidn nf tlio Aliiskiiii .ii'nl l:ci'^0 to '.III per eent. of (he :.'';i!s killed in llio open M',1 nrj feiiiales, tli" majority nt' wliieli are either ]in'jr. haut, or haviiiir been dolivered of their pi.ps, iiro the sole 111. aiis of siisttiiaiie<^ for their olTspvlnjr." (',».) United States' t'a.-i'. p. 20!) ~ "They (the emvs) l'o into tlio '■■r in seareli of food, in order tli.it ih-y may le ah', i i supply Ihtir ofTspiintf with iiourisliiiii'iit. An.l.as lias been shown, they often L'O from 100 to 'JUt. miles I'riiin the islands on these excursions. It is while absent from tho rookeries feediiiir that they fall a prey lotli'i pehiffiesial hunter." ( Ul.) United States' Case, p. 212 " When seiiliiij,' vessels be>raii t.) enter Horiiijf ,Sea 'u pur- suit of the seal herd (1884-.'>), at thai sano period iler.ii pup seals on the rookeries first dr.'W tho attention of til" residents of the I'ribilof Islands." (H.) United States' Case, p. 21(> — " Hetwecn ('iO .iiid 90 per cent, of tho seals taken aro feni.ilea ; of thoHC at least T-l per cent, aro either preg- nant or nursing." 181 12.) United Stiitos' Case, p. 2U7 - " Timt pula^jic Kciiliiijf is iin illcgilimiUo, irnprnpt'i', iiti(i wastel'iil incthoil fif killing, iH hiii'liiiions iiiiil in Imnmn in its imMUMiscdcstiii'jtiou of tlio i>rc'i.fn:iiit iiiid niii-.sin(,' female, and of tlie lielpIesH young tluTuliy left to j)eriHli." (13.) United StateH* Case, p. 190 - "TIk! While liunter .... lo.se.s a great inanj .'('!'.!. uliieli lie kills m- w.iinnl.s." (14.) Uniti'd Stali'.s' (Jase, p. ir,r, " It it) a (!iin.servativo i.stiniati! to H.iy that Kueli liuntei's lose two ont of ov.ry tluee bi'uI.s «Iiot by tlieni.' Si;.MM.MlY OK ltl:lil., I'ldaglc .sealiii'.; in the Xoi'tli I'nellie Is in no way analogons to tlio methods employed in tin: Sonlhein llemisplieie. The nu'thud of killing seals a.sljore on tho I'libvlolT Islands nre similar to tlio.se hy wlii<'h depletion ha,>i hcen brought iilxmt in the Sonthern ileinisphme. Tho aelual loss of seals shot at sen, dae to the sinking of the body before it ean be recovered, is very small. The nnmbpr ol' fatally wonnfled s^als whieli e-eipo eiptare is also very small. The suhslitation of the shot-giin for the rille, by renilering ehse itpproaeh to the se.il Meee.ssary, has greatly rediieid this and other liLSse;-. The pcrcontngo of females nllegeil in the ('use of the l.'nited Stntes to be taken at sea, is greatly exaggerated. The statement;< there nia suckling, which is licee disproved ; denied by the best niUliorities on the fur-seal, fiirtl [249J ■2 li Wi'^^. k >u4ixi \ ' , 1 t f i f \ ■ } i :4l f "S 188 Ht'lorc (lisrussinii the in!\ii\ (Mulciitioiis of tl\(' N. ill Unit nil |.arul I'l (Mil liniliiimlrlv i t'll Slates as to iicla^u' si-aliiif,', it w lio convciiiiMit to i-omtucnl upon tlic |>ai'all('l iilliMUiili'il (o 1)0 itvawM in the two passajjcs last al)i)vc cilod iVoni llic Unite, folates' CaMe, heiween pelaiMC sealing ami llie icsnlls ol" sealin;^ in llie >'t)ulli('n\ lleniispliere. The ileslvnelion of seals in the south is alhnled (o repeatedly ami at leneri'i in the I'ase |iii,i,A| iliiiwn hot ween III Mlllll(rh|„ I'neil I'liili'il SIhIi'h' Cam-, pp L'lS, If'.n; hi'hIn in (ho iSniillii'iii II iinil pelll^il• ^J|.|||il|„• i„ (||, IMlllli Nil (ed States, as tlionel I a-snrlaee has never ])i<'vaileil m the Smithern ' Hemisphere ; and though, Iweaiiso of the necessity of reachiiii' the insular r(>sort» of the seals there iiiini li.i sea, W(> near o if a " sealini' Heel." the melliod <^f takiiiii seals p''.".;tised has lieen to land upon the shores wli(S\- tlio hreedinjj plai'cs of the seals are found, and lliore to slaughter the animals with olul Uhs. (hi the oilier hand, the actual mode of killing tlii> North Pacilic seals on their l)r(!eding-i;-iands, and when coiigreiTHted there for purposes con- necicd wiili reproduction, is analoioiis to, and may l>e ci>iisidi'reil as lint a moililied firin of the praci ices employed in the Sonlhern Meinisphere ; from which, (hough some of llie mtue waslefnl, and llu'icfore the more olijeclional, features havi' lieen eliminated, it In. been directly derived 111 I'ai't, it. is a ni;ilter of ri'conl that U H . '"'"ili Coii); 'I'll!' inetlimlN jinii'liNi'il (HI tlii'l'nli\ itV InIiiiiiIs are nil iiilin' Im ih piaetiHi'cl in llii< SniilluTu ||i. pliero, 111 Si" I aptam Morgan, one ol the two prime movers i;,..,,,,!, ;ivis ,, ss in the mailer o( arr.inging I'or the lease of the I'riliyloll Islands to a Comii.uiy. and who was a parly to llie < gamci I I lis (>\pi •■.\\ s 111 Ibe ormoiis slaughli r of ISttS, had 'rieiii'e in the slaughter ol liir- d that ^onlliern II emisiiiier* an Jlr. I' .\. Williams, who, after the or<_'aiii/a i;ilioii« Cn tio;i o( the Company leasing the islands became one of iis principal sliareliolders and managers, had already long heen identilied with the iiidis- ciimiiiaie slaiighle of fur seals in the Sonlhern il Ko irt, p. eiuisj Ml. ilicre. Willian himself acknowledged the »imilarily existing lielween the melhods lirsl practiced on 'he islands and those employed in li'Ki'iiimlcly |„ i""''li llMnii.1,1 "Ii"!? ill n„. ^,,,,,1, I'IIMiiICh Chiihiih Uopiirl, p. HH II H.UlU ^•„v^r IhI Hcsh , Knpiii'l No, >\Xi, p l:i:i |',|,li;,r NiiilillK 'M II II'"' incliiMliy oi Imiil iPiV'jii. lli'iliHli ('(iiiiiniM niiincrH' Kcpinl. pnm. ('p,"i. tiNC'd Mil tlii'l'iiln Miiiiiliir t(i ili,«. Siiiillu'vii lli'iiiiK. \."n\i lii'l'iiri W'iiIh nil II iiiiHcviir.'il ri'iiiic'iil. ■ ilH (Icvi'lipjiiiiiiit tlu' II' I'liliylof)' iHlniiilN Iwul (inHHidllH !llC(l|||l' IIIIM'll lliicl., pariiti, 7Hi! HOC. 1H3 IIk; Himllifirii lIcnii.HpJjfic, and, urcordin^ U) Mr- niilcliiiiHon, will) wiiH hIho u [turl.y to lUf ciionnouH Hiniifililcr i.f l««'- I'P ';•"• ''•"■'• occurs ii\ two ways: (1) liy the seals sinking be- fore they can be secured, and ("J j by fatally wounded seals escajiing. (h.) That from vSO to l)t) per cent, of the seals ll.M.. \'\r \'.< killed at sea are females, and that of these at h>ast 7') per cent, are either pregnant or nursing. (c.) That, in consequence of the killing of Ibid., p. JIJ nursing females at sea, dead "pups" have been found in inereasinjr numbers on the Pribyloff rookeries every year since jielagic sealing began in Behring Sea, and that such " pups " died from starvation. These allegations directed against pelagic seal- ing are employed by the United States to support the further statement — "that pdape sealinj;- is an illc^iliinate, improper, and ibiil.. p. •-",•' wast 1 till niethod of killinj;, is tiarhamus and inlmnuin," It is. liiiwiMi-, iii.inil,iiiii(i , I'nited Stale.-*' ('a,'... Iliat p sealing' is llii> kiiI,' i-nn.k,. , i-ri'asi' oIm rvi d ..n I'lll.^l lands. '■aliii:;- i.> IIh ir |.,.||, 111 s' VI. nil ;;iiiini.|v. '.'.»'•. Il is slalid 111 1)1' illrjiililii.il' proprr, harliaroils, ainl inlni:' 185 and tliat- llnlallll"'''."''- ,|,.|iuiicii"ti"i' line. I'l' n'''"' United Sillies' CiiNC, p. 21*7. .ilii>iis 1)11 wliiuli tliiH lUr liMHcil lli'd llll- Tl)hl., pp. 147, i>0(i. ('( pnnniiii. I'.viilrmv 1H-.MiI''im1 to bIidW (fl-cilt |,s,<(itsrii!s liy siiikiiif;-, iK'l'nro tin; i|;,(,. Ill' llriti.sli ( 'iiiiiiiiiHHionir.s' i;,.p,Mt. wlmllv initnistwortliy. li'iiiiikMir t|„. Uiitif.h L'oinmiB- sioiicis I, II ilijs (n-i(l('iioe. Iljiil.. para. C15 "it in wlidlly (IcHtnictivo of tlio will prupcrty ihhI "(" tiiu iiiihiHlricH mill cnininurito ftmiKli'd iiiion it." Wliil(! it i.s not (li^iiied that iIumm is or may bu a ni(;asiir(M)f truth in sonu; of llie contenlion.s ihvis liehl hy tlio United States, it is maintained in tlio lif,'ht of evidence- eoll(!(;ted, and morn particularly as the result of I lie invent illations of the IJritish Commissioners, that they are of a greatly exag- "crated character. (a.) T/i(tt of fnr-.icdlskilli'il at smi ivtth fin; anus at li'iVit <)G per cent, ari; lost, and thai this loss (irrnrs in tiro ways: (1) Inj the seals sinkiuif liefmu; thrij ran be seriired, and (2) In/fatallj/- wounded seals escapimj. As lo the fir.st of the above contentions, which is connected with the (Kttiial loss of seals killed at sea by sinkini^ after tliey are shot and before they nan b(! rcscovered by the hunters: — For some time previous to the preparation of the lieport of the llrilish Commissioners, many statements as to the extraordinary jiroportion of seals lost at sea had found currency, more ])artieularly in the press of the United States, which were af,'ain and again published a« though pos«css(!d of the utmost autlienticity, ami they jiail in consecjuence come to Iti-ltisli Ciininiis- be regarded as accurate by the public. It was siiiiiorH' Hopoit,, , ' 1 i> • • 1 ,-. . . 1 1-1 piiriLs. 8'.i, (iliJ, Oil.. '^■'"^ !iatural that the nritisli Conunissioners sliould devote speci.al attention to this point, and they made it their Imsiness to st'ck out all the actual or alleged fa-ils on wliicli such sweeping statements were based. They have referred to all those which a tliurough searcii of the puljlished documents enabled tlunu to discover up to the dale in question, ami it will be ol)served, on inspection of these st.itement.", that not one of them depends on per- sonal experience; but, on the contrary, that all are merely given by their authors as matters of opinion, while in all but a single instance, it is. not even claimed by the author of the statement that ho ever saw a single seal killed at sea. Per- centages and ratios are thus alone spoken of, and actual numbers are not known, or if known are not (pioted. The Briti.sh Commissioners write : — lljiil., pira. (jll. "Nothing more priMn.se than tlio statemoiits just (luotoil, every one of tliciii niaili; by tlioso presumably int'Tcst'^'l in, or onj^a diligently proptigntid, that cxceBBivt! wuhIo ot seal life results from the practieu of pelagic sealing." In opposition to the hypothetical statements above referred to, the British Commissioners adduce a mass of expert testimony, wliich will 8ubtie(juently be alluded to, and whicli, without a single exception, ev rely and spec'''.cally con- tradicts the theory alluded to. At a later date, however, in 1892, the United States has obtained from various sources a con- siderable number of afTidavits and statements intended to bear out the theory of excessive losses of seals at sea, all of which have seen the light for tlie first time in the Case of the United States, or among tliR documents appended to it, and respecting the character and value of which some critical remarks will subsequently be made. The United States' Commissioners present no direct evidence on this subject, and their opinion is not quoted in support of the assertions made in the Case itself of the United States. Professor }|"'*<"^ ^'oilf n-, Case, pp. .1(0, .) arc not not quoted in minpoit nf the statement on this siilijcit ii, tlie United States' Case. I He proceeds to argue that further great losses must ari.se from wounded seals which are not taken, and concludes that about 60 per cent, of the seals killed at sea are lost by sinking before recovery alone. It is only by ignoring the well-known facts as to the recovery of fur-seals whicli have been shot in the open sea, that the argument that they sink immediately can possibly be brought for- ward. With reference to this question, Mr. A. B. Alex- ander, Fishery Expert to the United States' Fi.sh Gommission, savs : — The facts are opposed to tlic ( "i:- tcntion (7.). and to I'mlisNi Allen's statenipnt. KvideiR'c ot Mr. .M.xandi r. 5 (Icliiiite stattiiii'iit, Mr. .Ak'Xiinilci. United States', Case, Appendix, vol. ii, p. 355. fill Ik icsiicctiiip; the killing ami rernvory of seals at sea. Appendix, vol. ii, pp. 7-10. ('iMiii.tii- (il'b(iatn oiiiployocl ill scaliii"-. I'ilvllll)sl:',;||■(■^ Ullilcl' wllii-li killc'il at isoa arc lust. lliM. |.p. 7 1:: 187 " lu sleeping, the seal's head is to leewnrd and the steeror will endeavour to work the boat so as to approach from that direction and give tlio hunter an opportiuiity to shoot tlie seal in the back of the neck. When so shot they take longer to sink than when shot in the face ; that is, if a seal bobs up in the water, its body being in a, submerged and horizontal position, and if it be instantly killed by the shot it will at once sink. It is then that the 8 or 10 foot gaff is used to recover it. It has been niy observation that the rapidity with which seals sink is iiifluonced by sovoral conditions, A pregnant female will sink less quickly than a male of equal size. If a seal be shot at a time when the air is. well exhausted in the lungs, it will sink more quickly than if killed when the lungs are inflated. If a seal is asleep and shot in the back of the head it will float for several minutes, thus enabling the hunter to secure it." As regards the length of time for which fur- seals float after being shot at sea, hunters are practically unanimous in saying that, in the great majority of cases, they always lloat for a suffi- ciently long time to enable them to be secured, if they are looked after at once after being shot. Sometimes, however, a second seal will be seen close at hand, and may be fired at before the endeavour to secure the first, which in the mean- time occasionally sinks. Under ordinary circum- stances, a seal is picked up as soon as possible after it is shot, and nothing more is knovyn of the length of time it Avould float than that it floated until secured. Seals are, moreover, occasionally shot from the deck of the schooner itself. If the vessel is undv^-r way, a pole heavily leaded at one end and with a small flag attached, to tiie other, is at once thrown overboard, which marks the position of the seal. A boat is lowered aa soon as possible, and, with very few exceptions, the seal is secured, even under these circum- stances. The bo.ils employed in sealing are light, swift craft, with bo.v-sliaped eiuls, and the oar.smen sit one facing each way, ready, at a word from the hunter, to make after any seal he may hit. It is admitted by aU the pelauic sealers, that a small percentage of seals is lost as above described, or in other ways, as, for instance, when a wounded seal goes ofl" to windward faster than it can be followed l)y the l)();it in a choppy sea. Sleeping Leals seldom, if ever, sink when shot, and pro- l)ably three fourths of the seals .-not are " sleepers." When " travellers " happen to be shot through the wind-j)ipe tliey generally sink, and, in consequence of this fact, experienced sealers generally try to ^'.Jlli: ! t i Ml i'f 188 |! slioot such seals from beliiiiil. Such seals as do sink, however, sink slowlj', the specific gravity of the body beiiifi only slightly greater than that of the water, even when the breath has escaped. Thus, it is generally possible to gall" the carcass, and, in ordinary "sealing weather," the precise spot where the seal has been killed is easily found by the bubbles rising to the surface, or by the blood staining the water. The evidence of a general kind actually (jtioted or personally obtained by the British Commis- sioners, in regard to the loss of seals killed at sea by white liunters, may be summarized as follows : — Cieuonil btiilonionts as to indiioiti,,!, of seals tlmit lost liy whito liuntcn,, If i :^ " ^ "* 1 V I Cupliiin J. />. U'iiricn. — Not ovor (i por cent, lost or UHtisli Comniis- osca})e. sionors' llcport, ir ,i. I-, . . I , , , ,. rnrns. CIC, C'J2. Jli: \\. /■itriiniK. — AvciMgo losadoos not t-xceed per ' cent. Captain II. F. f^ifwanl. — Lnwor coast, not over fi por cent, Aliiskiiii coast and Helniiig Sea not over 4 per cent. Caplain 11'. O' Leurii. — Does not exceed t» jier cent., and sonictimcH iiiueli less. .1//'. W. Mtnme. — Prohibly not over 2 per cent. Mr. A. R Mi'nc— At most only (! per cent. Mr. C. .T. Kdleii. — .\vciiigo loss less than 3 per cent. Captain 11". Piiil. — Lcih" not more than 5 per cent. Captain W. E. />((/r;-.— Loss not more than .T percent. Mr. C. A'. Co,r, — Loss 4 or 5 per cent. t'aplain 'J'. X. Maani'Ke)!. — Avcraji;o loss ."i^ per cent. -liV. II, Crokfr. — Loss .'5 to 4 per cent .Mr. (I. Rohertn. — Less ;{ to ,") per cent. Mr. li. I'lionipsoii. — I, OSS il to .5 ])er cent. Mr. M. AyH/i'//>c;;/ (witli three otliur scalers), concurred in statiuf; that a man losing 2 out of .10 killed would bo considered a poor hunter. Say (i per cent. Captain Lavender. — Not over 7 per cent. lost. Sfaler.i' . I .v.ioe/d^'o/i nf Metoria- Loss averaged below ti per cent. Captain o/ •' Uliat h'dirards." — "(ireeu hands" might lose 2.') per eiiit. With experienced hunters loss might reach 5 per cent. The following additional statements of the Ajipeudix, vol. ii same kind, iiioluding exi)erience in 18U2, are found in the aflidavits appended to this Counter- Case : — Captain C. Lc lilanc. — Never nioro than 4 or 5 in 100. Capti'm li. (). Lavender. — Not more than 1 in 20. ■IF. (f I.rartj. — From I to t) per cent. Captain Lawihlin M'T^mn. — About half to 1 pitr cent. J. Shichh. — First yeans about b percent.: 1891-92 less than 1 per cent. HritiBli Comiiiis- sioncrs' Keport, pallia. bSi, 004. Ibid., parnH. 539, 542, 548, 552, 554, 557 ; nlso EllioU'.s ConRiis Kcport, p. 05 ; compnro pp. 187, 188, _ Ihiitcd States' Ciise. (iiiioral Rtatomeuts respecting tho pvopovtioii of seals lost by Indian liuiitcrH. Tlritisli Commia- gioners' Report, jmraa. 538, 551, 550. Ibid., pnra. 620. Ibid., pnvaa. 017, (!80, 1^9 Co/iliiin '/'. .IA(i/(i(. <('/!, --Hct Weill I mill ,"i pi r icnt. Ciiptmii J!. McKut.-AM l.TtiO Nciils taken 40 lost (2';{ lier cent.). Cdjiliiiii ./. jr. '/()(/(/. — Not more tliiin 4 in l(l(t. J. J. 7/«v//Wi(/w.— Not 1 in 100. Captain If. H. .lonen. — Not more tlinii 3 in 100. a. C. ^(ww.— Not 1 in 18. Capliiiu J. (luuiUn. — Not T) per cent. Ciijiliiin C. F. Dillon. — Not nuiro than 5 por cent. Cdjitiiln II. Scott. — .') per cent. Ciijildin (I. Wi'uler. — 'A por cent. Captain C. Luljens. — 5 per cent. C. Ilartiwen. — Not 5 por cent. Ciiptiiin J. S. Uorlli. — Between 10 iind l.'i per cent., iiielndinj^ wounilnd seals. Captain C. K. Atockhr. — 5 jier cent. \V. F. Upson. — 10 por cout. F. Crocker, — From 5 to 10 per cent, ir. Conners. — 5 por cont, J, W. Crew, — 5 per cout. All the above statements of course refer to the killing of seals by means of fire-arms, and almost exclusively to killing with shot-guns. The rifle is now seldom used by white hunters, and the spear never. The spear is still employed by some of the Indian hunters, but the shot-gun is now more commonly used by them also, and by some tribes has been regularly employed for many years (by tho Haidas .since 1810). Most of the statements noted below in connection with numbers lost by Indian hunters thus also refer to seals killed with guns. In order to understand the bearing of these statements, it must be noted that the Aht Indians of Vancouver Island and the Makah Indians of Cape Flattery, are the only ones .systematically, and to a largo extent, employed in pelagic sealing proper. The statements of whites refer to Indian hunters of these tribes employed by them. The Sitka and Tshimsian hunters, to whom a high percentage of loss is attributed, in so far as they engage in seal hunting, do so almost exclusively in their own canoes from the shore. The statements referring to these Indians are quoted by the British Commissioners, but have no direct bearing on the losses of pelagic sealers. The statements respecting seals lost by Indians may be summarized as follows : — Mr. W. Fewings,— LoBa by Indinim not 6 in 1,000. Captain IT, F, Sieward — Very few lost (with spear), [249] iQ v< I 'I '.' ill f /•■!:!: ! g| .il 190 ' Cnftiiin ir. O'Leari/, — None, ov very fow (\vitli H)).— \ji>~h niiy roiicli "JO |ii-r i-i'iit. in the ciiiac (if 'ruliiiimiiiii Imiiti-rN. .\f,llil/l l/lllihl\-!.-\\"\t\\ '-11 ■tll'S. jciNS ;,//. W'iili p-iiiis, JliTll;l|l.-t - til I |IIT (Till. It !•< i'iiir to state iliiit iiiosl. tliDiijjli not .mII, (if llip st:ili'iii(Mil?* Ii('r(»"iir(ii'( L'i\'i'ii litivc lici'ii (Ici'ivod IVdiii ix'fsdii-; iiKPfc ])er cent. Where a general and a numerical statement have both Ijcen made, it is i'ound that the gener.'d stjilement as to loss almost invariably exceeded the mtmericMl, so that when a general statement only has been made, it probably exceeds the actual loss, ^^imilar treatment has also been accorded to fiiM'li actnal nnmbcisas coidd be obtained fruni iiiTul Htatuments ciiickiMl l,v iiuniericul stntcincnts. riio average loss by sinking of 8eal> killed iit sea sliowii to Ih^ alioul I! iir 4 pi'V cent. fudy. lllitiHlrCcMUIIliN' hIuiioi'h' Ri)|)ort, para. (J'J7. Tho iisHiimritioii tlmt tliu Cur-sciil H-lieii killLtl at sua sinkH im- iiifdiately, contriuliotud by factH. ll)iil. |)aniM. i!'J',i, il:t(i. A|i|>riiilix, vol. i, The asseition that lai>;o nunibuiH of womuU'l seals escape and die \n HI v;i},'iK' aH scarcely to admit of iireiiiut'iit. Appoudix, vol, pp. ii-i;i. %■ lulnjiticm of the .slint-j^uii iieces- Hitiitu.^at-liiKf ai))iniacli to the Kual reiiileniig Ii'.sh iiifruqueut. 'iintoiitiiiii tliat tlio escape of Koine wouiiilfil animals ronderK shoot ing illegitimate, xuipi-eccdeiited. Appendix, veil, pp. IS? ct S:q. lot Indian liiiiitcr^, iiihI liiDii^h llie whole luwilicr of scalu accouiilcd fur in iliis cmmc is sni.ill, and therefore ni>! .so siULsfai-tory as evidence, .'^o far as it goes this is in general acenrd witli slatouientH made. In conrludiiio- ilielr consideration of 'his subject, the Hiitish (j'ouunissioiiers point out how couipletely the ri(!oriU'd fads in the case contradict the (V priori assumption that the fur- seal does, and must, sink inunedialely when shot. They slate that sucli an assumption is based chielly on the circumstances tiuit various spe(,'ies of hair- seals generally thus sink, hut show (1) that the two groups of ai\imals dill'er greatl}' in respect to l)roporlional wisight of skeleton and size of lung, and (2) th.'.t when fat, oven hair-seals are well known lo ilo.it when killed. I'wo hair-seals shot near Middh.'ton Island, Alaska, in tho summer of l8!)lJ, iu Mr. Macoun's presence, both floated till the bodies were recovi'Ped. In fact, a great number ol hueh seals are annually taken both in the Labrador and Urcenlaiul lisheries by shooting in the water. As to the further assertion iha! large numbers of seals, Ijeing merely woumled wheii iired at, escape and subsequently die ; it is obviou.sly tlililcult lo mee' such a stateuienl by direct evidence of a precise kind ; for a seal Iired at uml not hit, or one but slightly wounded, naturally dives instantly, and does not a^-ain come to the surface for a long time, and then at a great distance from the hunters. Seals serimisly wounded are almost certain to be recovered, for ihey either renuiin struggling on the surface, or travel slowly and rise often, and are easily overtaken. Aloreover, the general adoption of the shot-gun in pla<;e of the rille, neces.,it omplDyi'il ill Hualiiij^, imcIi smil take i iiivolvi* n t)ii llio :ivt'i!ij,'o, m;iiiy lumrs of I'Dwiii;; iiiul <'\l)Osiii'i' at Hi';', 'riu'fi! is, lliorcrnrc, no (lucslioii of jv |)n)mi»i3iu)us hiuI rociiluss hliiuj,'lili'r iiiium^ (U'lisc (Irovi'f* «>r scIiooIh of Hoals. TIio hunters nro ili('nisi'lvi!S i-iMniiner.itt'd on n principle of slian'S depending on llic nnuibi'r of scaln taken, iind evoiy i)osHilile precaution iigivinst lo.s.s is, theri'furo, naturally oniployoil by the men so cii^aj,'etl. 'I'iu^ .snbjoiiu'd HtiitpinentH with rej^iinl to the Neeurin}» of wounded seals, oontainod in the iillidavils by practical soalers, are here {^ivoii in summarized form; but many details are incorporated in the depositions themselves, which should be referred to in order to appreciate the means taken by himters of knowing the amount of such losses, and also with the trouble often taken to secure a wounded seal : — J. I\>ini.ii'iiil. — ViTv I'i'W wounded hciiIh me Idst. Ciiphiin A. l>ouiila!<. — n:((llv wkuihUmI HealH aliiumt AiipoiKJix, vol. ii, eerlam to lie pit. ' ' (i*. liohiiin. — Wounded Kealsnre either eiiiiturod or live. .1/". Hi/iiii. — Very lew. None worth speakinf;' of. ir. VI Hiiiiii). — I'liimeeH of p'ttiuf:: " I'adly wnumled Ncal arepiod. (\if>t,tin (I /liicli/iiih. — Ooes not think that any of tiie seals wonnded by liini would die, ('ti/itiiiii W. O' Lciinj. — Not uiiiiiy. H'. Coirii: — Very lew. ./. llniini. — Of J(> or •_'."• Noals wniuided by him not liall'-a-do/,eii would die. W. Ih ^■/V^— Those biidly woiunU'd I .ilwiiys ^rU Those lijjhtly wounded do not die. Ciij'IdIn L. MrLi'an. — \'ery fow indeed. ,/. //. //.(.//..•.— Very few. •/. .S/(/('/i/.-'. — Very few in rough weather. None in eahu weather. 0, Scarf. — Very fow, if any. /'. ''. S/ce/ii/.—Heineiuliers only one or two instaneeN iif a wounded seal escaping. Has taken Q'M), A. ^f,ltllilltlll. — Very few. ir. ,S/iiV/i/.<.— The nundua'is very small indeed. ('. A. William!!. — Very (v\v. ('. Lodt\ — Very few. /:.'. Jiamlosfi. — Very few, /. 0'i>itiiin. — ^Took in 1892 210 HOals, and wounded 2 that esciiped him. ('ojilaiii Vi'. .^f^•l\il■l. — The nundior is very small. Cajiliiiii E. I'. MliH-r.—Xory few. Not 1 in KH). J. ILiU. — IhiN wounded some seals, but got most of them ; the others would live . .V. Morrison. — .\lways gets badly wounded seals in fair weather. Of slightly wounded they no d ulit get well. I'reeantionN He taken 111 uls nIioI. IVcdVctilll Siuiiiiiary of evidmre on ihi^ I'llfO Mil t|lj^ ||,,j|||^ SiliiiiiKin'ol' rvidciKH! nN to diMtiiiicoH at whicli Hciils are hIioI. ii»;i >'iijiliiin \'. Jiicol'H'ii. • \'t'iy few, ./. C/irislian. — A few wiiuiiiliil hihIh cm iijk'. mihI a I'l'W III flii'Mn limy ilii'. .1/. Mi-liiiil/i. Ih lint hiiif tlmt liny wmilil ilir, ir. Iliiiii. Ill tiikiiijj; ION hi'iiIh wiiiiiiilril mil iiniii' lliiiii 'k hiiiiii' III' wliii-li iiiiiy liiivi' ijii'il, /','. ('iiitillliiii —Ni't liiiiliy. < '. (>. //i(/')M.— Only 10 isiMiiii'ij wdiiiidcil, mill (liimo Hilly Hlij^lidy. ./. .l/rW(ic — Wuiiiiiliii IJ 111- I") ill |H',i:J; HiiiiR' iiiif;lit ilir. A. Mrh' liii/i. ~-}ii. A. Lf.u'in. — A mortally wounded seal docH not often >;et away. With rercrcucc to the dlHlunci! at wlilcli seals an! sliot at, us l)eann}f on tin.' chances ol" h)sing wuumled seals, the following stateineuts referring to the actual practice of hunters may furt/ier be cited : — ./. Wilson. — Shot seals at a ranjije of IVoiii 10 to 15 Appemlix, vol. iii, yards (i). ;(;").')). " Uiiiti'd Stiiles ., ti . /I I 1' -ii i r<\ No 'Ji(18!U) " DP "'• '''"''"';/■'• — tfi'iieral vaiitj;e lor rilles not ovec 50 yards, but few liuntcrs attomptod that range. In gcttiup; 400 ill 1HS7 failed to capture about 25 shot ut, or Irilled, or wounded, but which escaped (p, 355). lii'itisli Case, a05-;357. .:»f 'i i I I ' I t #' :'i ■!■, 'ill r?* Ill Ciptniii J. />. Wiirivii. — Sli'cju'iN iU'c hIuiI at tioiu l<> ii' i.) vMiils iiiugo, " focdcru " I'lMiii II I'l'w I'ci I t(i III' y;inis, (liaiifjli I'mv tire tircil mI iil (li:il iliKtniui' '|i. .<.'>.")) t'djil.nu II. t\ Sii'wiini. —\ j;oiii'r,illv uiko 111 poi in';!,. .iilditioiiiil iviumuiiitidii I'm' wa.slo nImI, lli.il is, it'i'ali'iil.i- tiiig ini a I'litoli 111' it.OiK) seals, lake anuiiunilinii t'.ir :\,'M)0 sli.iis. riiis is il'>nliK' di.' i'\ri'-.s il,i> ImtidTs woiiM ■■iHisiijiT no 'I'tisaiy, aiiij I iu'vim- knrw 'liat |ici- i'illtai;-(> (if wasd' sli.il tn \. lout,- rani?i\ sav. :!(! to tiO vanls (!>, ;*:.7i. ApiMM.Iis. vol. ui. , • . , ■ ' , . " I nilf.l Sliilcs < ,ij:liiiii (. .1. hil/iu. AvorajA'o lMiif;i' l<'i- . U'l'jillijj,- N,,. ,'! ( lh!>2V" lip sells 10 to -Jll yaiils. Cor liavlliii-' srals Id lo ;l() yanls U<7. I'.il. (J). lliS). <\(i>l.uii W. f'liif. — Avrrai;-.' laii;'' I'M' slooiiiii:;- s.' ils \0 t' •;.» yanU; Ii) t. :M \,ii-,N \W ■• tiav-tl.Ts '" r.>. I'i'.M. C.i:)!,}')! W. /,'. /)' live— Ton yar.ls is a sal'o sli iiil iiii;- • lisiauoo al •■s|oi|)iTs,' aiul li> lo :i(l al " lr,iv.'llor~ " (p. 17;^). CnpI'lin ('. .V. C'o.r. — Fit'looii yavils, sliin.liii:;' ilislauoi' at sloopiug soalw (p. 175). Captdiii A. nifSfll. — Sliools a( sloo|iiii-' smI whou :.ii to ;U) toot iVoiii it. and at a "travoUoi" wlion ■2.'i to 'lii yaid.s away (p. 177 ;. Citptaiit r. W. Mihiihweii. — rwoMly-livo \aiils at •Hloopors" and Hy to ,")ii at " Ivavi'Ilois " is sair s'loot- iiij^ dislaiu'o qi. 178). Jf. CrocKi'i: — riio usual liislaiioi- lov sliootiii;.;- at a i^loopiug- Noal is aliiiul 'JO trot ip. ISll). <•'. Rohi'rts. — Shouts at sl^'ojiiii-- .soals wlion Jil t.i .10 foot iVoia liioas, and at •• tnivellors " wlini IVoni ".',") to 30 icot [yard.-;] Iroiti tliom (p. 181), Tiie lollmviiip; luUliuoii.il .staUMiKius on tho.sumo siibjei't, KU'luiliiio; experieiu'o in l8i)"J, ;iro coii- tained in liio alliiLivits of luiuiersaml boat-stiiei'citi stibseqneii ! .' obtaiiioil : — J. '/\)tni. tirm too long. Ilo shoots at a Iravoliiiig seal at from lid to 5" yards r.iogo. .1/. /•.'■Aiij, wh.i has lii'i II so.diiii!,- ton yoai's. nho'ils at eleuping Koals wlion from IJ to 15 yardH fro;; them. J. S. /•"(hh/h;/. — Four years' e.xiiorioiKjo as liuntor; shoots «( sleojiiiig soals whon I -J to lo yiin'o from thoin, and at travolling K.alti when .1(1 to 10 yardu away. W. T. 'ii' t(i 2(1 yimln IVoni it, ami iil ii Iniveller m^ver wlieii it in iiidie lliiiii 40 yiiiilH jiwiiy. /■'. f '((i/i/Vic//. — 'i'liiee yeiirH a iMiiit-jmllcr ami lioat- Hti'(ier, mill two yi'ai'H a tmnter; wlioots iit, Nleepinj^ Hi'IiIh wlien Id to I,") yai-(lH IVom llieni, miil iil tnivi'llii'M nevei- wlini iiioio tliiiii .Ml to . Snirf. — A hunter of nix yeiuH' experieueo Hays: "I iiHe the rifle a f^reat ileal. I shoot -sleepers' with llii' ^iin at |0 or 20 yiinls' ranee, ami travelliiif^ seals with the rille at as lon^' rmine in 100 yiinls. The seals 1 have lost are principally in this way.' /''. ir. Rimntj. — Four yenre' experience ; useH only a shot-Kiiii, and Bhoots " sleepers " from 10 to 20 yards, ami " travellers " fiom 2.') to 75 yards' riitip'. Fully SO per eeiit. of all the senls ^ot liy birn 'vere " sleepers." W. Sliielih. — Seven yours' experience as a hunter ; shoots at a sleejiinp; seal when about 1.5 yards from it, ami at a travellinfjf seal when not more than HO yards away, that is, with a shot-gun. Nearly I'veiy one pre- fers' ii shot -giin to a rifle, but a j;ood shot will do as well with a rifle. •' I niysell' would trust as muel; to a rifle as a sliot-n'un. because when a bullet hits a seal it is sure to kill it, ami We seldom fail to get the seal." r. A. \Villioiiis.--l'"\\v years' experience ; shoots at a seal when from f" to 55 yards from it. J. //(»//.— Two years' experience'; shoots '• sleijiers" from 12 to 11 yards' ran^e, and ''travellers'" from 25to 40 yards' rauaje. i , ' t! I 11 11 'III 1!'^ ' 'J tl • i If. /■'•■iri'ihis. — Six ViOI-h' cxpci'iiMII'C' , kI .. «» n!i <'])ili;;' Krals ;it IVdiu 10 til I'r yarilf' nuiHV, iii'i,oi'i1i»g- to tlic wtiiti" iif tlio wiitt'i-. •' I Hhoot tr»vi.'lling hi'.iIk ait t'rniii 4(» to ('i<» vui-cIh. About oiu^tliirfl ef tlie hiuIh I jai"t aire •ti'f> c'lleri",' iiml most of tho80 lout iirc of tllip ••lout |'» yarilH tVoin it. aud Hiost "f tin- xc-Afm lie iSi-tR are " slfopemfi." A'. .y/ofylKoii.—^Vom- y<'arw a hunter. .sIhuwhi^h MloMpiiip,- hinlH at ranges of tVonu i*^ to 30 yardH. aiifl '• triivi^RUw'" all tlir way from 40 to intniii a. Scott. — Hunts with a ritle and a shot-gun. '• With a rille I would uhoot up to 150 yards, and witii a shot-gnii up to ,'iO." a. Wenti-r shoots se.ils with a rifle when 50 to 100 yards away, ,ind with a shot-gun 25 to 30 yards. ('. ILirtiircii shoots at Seals with a shot-gun at from 10 to ,;o yards i-aiige, and with a rifle at from 30 to 100. -lA. .Scott says : " Seals are nearly all shot with a gun, and are mostly all taken at from 10 to 30 yards." ( '.iptdin J. S. Worth says : '• The range at which I w.aihl take nearly all my seals is between 10 and 30 yards." <'. F.uiicin slioots at sleepers at from 10 to 20 yards' range, and "travellers" at from 25 to 40 yards. J. Coburn shoots at sleeping sea Is at from 10 to 20 y.irds' range, and travellers at from 25 to 50 yards. Capldin ('. ]■:. Modlcr says : " The range for a gun is from 10 to 30 yards^ and most of the s. .'ds are got be- tween the.se ranges. With a rifle 'he mgo would be any^vhere up to 100 yards." /., J. Thiers says : "Nearly all tie .^eals are killed with a gun, and at a distauee of frm , 30 yards." ir. O. ^S/,„yV,c uses the s' ill and the rifle, "Most of the seals are got between 10 and 40 ,vord. with tlio shot-gun," 107 ir. /•'. I'ji.^ni siiys lluit inn-;! nl' tlic Ncills sliot ill'O iiiiiliM' I 'i yiird'- inviiy. /''. Crockar wum kuiiIs ai'o lov tli.. iiidst part wliot with a sliot-f^uii at from 10 to liO yaiilN' range. W. Couner» says: "Seals aro iiioHtly nliot from 20 to 30 yards' cliKtaiit \vitl> a sliot-gun.'' 1'. E. Peterson gets hm Hoals at from H to 30 yards range. H. Joint T.iiidl Blioots numt of lii.s hi'mIm when 1.') to IS yards' distant. ./. Ford says: " Alost soals aro killed from 10 to JiO yards' [rangoj." ./. IK Crrw says that tho suals ho gits arc mostly at a range of from 10 to 30 yards. .1. Mc(jarcit says lio shoots at a sl(oi)ing soal when if) to 25 yards from it, and would not shoot at a "traveller"' when 90 yards away. T. Gornov says : " Shot will not kill n seal if it strikes it in the body when more than 10 yards away. I shoot at a Bleeping seal when from 14 to 18 yards from it. Very few rifles are now used." Captain J. Oandin. — 20 or 30 feet. Captain S, W, liiickmann. — 40 or ."iO feet. li. Hope. — 10 to 30 feet at a slei,'j)iiig seal. ('(tjtldiii C. F. Dillon. — Shoots at sleeping seals when abont 12 yards away, and at travelling seals uU tho way n)) to 15 or 1(J0 yards, if a rifle is used; even at that distance tho seal is generally got. .1. Sinclair, — Shoots at sleeping seals when 12 rjr 15 yards away. ir. Edwards. — Shoots at sleeping "^eals when 10 to \2 yards from them ; travelling seals when as far as do yards from them. M. Edwardn. — Sleeping seals when about 15 yards away ; travelling seals seldom more than 5()iirfiO yards away. fuii 10 to 30 yarils away.'" [249] 2 1) m i 1 } ' ^ 1 ' 1 i' ■ J I ■'1 ,1' ' 1 ; tft^ th ■'■\ ■m II \ it 1!)8 1(11. (/(,) — Tliatj'ititn 80 to \)0 jmr ccnl. a/ l/w Sealu killed at Sea are Females, and that if these at least 75 per cent, are either pregnant or nursing. Ill respect to this contention, it is not denied that a considerable proportion of the seals taken at sea are females, and that some of these are Briti«li Commis- wilh young ; but it is alilrmed that the state- j4°rnr7a S'" nicnt, as above formulated, is very greatly exag- gerated. It is also submitted, that the killing of females, within proper limits as to number, is not in itself more reprehensible in the case of fur- seals tliau of other animals, whether polygamous or not. and whether wild or domestic, with reference to which it is systemically practised when the females yield skins or other products of value. The liritish f'onunissioners devoted special auention to this siil)ject, and have ascertained tiiMt the pelagic sealers themselves favour such regulations as would prevent any unnecessary ii,i,i„ pains. ii:'.;i waste of seal life ; and it will be found on con- *"'''^' suiting their Report, that in the scheme of regulations which is formulated b\- them as the most appropriate, special care is taken to provide Uiid.. pnm.". l')i" against the possible killing of gravid females. Tt must be observed thai the statements respecting the number of female seals included in the pelagic catch, whether those contained in tlie Case of the United States and its Appendices, or those nuide in the Report of the Ihitish C'onmiissioners. relate to recent years only, during which attention has been parti- cularly called to the seal [fishery in consequence of complaints regarding the dearth of killable male seals on the jreeding-islands. It has been e.-itablisihed by evidence derived from the ollieial Reports of the United States, that for sonu' years past every male seal (\![.".lie of yielding a nuTchautablc! skin which landed upon I lie Pribyloll' Islands has been killed if it could betaken; and that the necessary consequence of tile decrease in the niunber of male seals is the e.xisteiire ol' ;i ja'cponderant iinml)cr of female seals. ( )n thi-^ pniiii th(.' llrilish tAuiiiiiissioner^ writi; : — '■ it uni«t iiiii lir f(ir^'(itt(Mi. linwcvcr, ill cx.iiiiiiiinn' tlirM! statciiu'iifs. tliiit till' coiiiiilcini-nt.-iry infoniiiit'ou ili'viveil tViiiii Mil- li|Triliii>;' jslinids sliii\v,'< (li;il lli" |ii.'Vwistiiit killing' iif yuiiiij.;' uiaK's liaH led of liiti' vr.ns to tlif exiKti'inc ci('i, \ci-y I ii'j;'c sur|ilus df fciUMli's, .iinl MxagKerated stiUi-iuems avo n.n,!,. in the United States' Ciisoa.q., imnibcvcf fi'iiiiil.. homIs kilM ;,J se;i. I'olagic soalcrn favt.m' liogulaii. siieh US to niiuimi/.i; tliis, The oxcees of feimlo.s in late wai^, llie direct veKult of l, ir)(i. Iliiil., pm-ii. 01. jppoiuli.v. v.il. i, I.')!. MiillHljUl'Ilt IIH 1 MVl'llll'Ilt 111 fllll- (litioii.- on I'ri i_\!,.;r 'siaiuls. witli iiiiitiiiucil poi.>i>;ic catoh, nhows lliat prvioiis del ■'■ioriitioii due U> killing nn In-ccdiiig-i ■ImihIs. |l'isirii..i(liii,'in- chiirrtctt'r ot' idnim ii'iw mild" h\ Uuitod StnteM. 1!)!) lliiil, llicii'1'i.irc, llic pnipdi'liiiii ul' t'uiiialc- I" tln' wlmlt! immbcr of kouIn. whctlur at soa or iisliofc i.s. at the [)l-(.',s('iit tiiiic. acciii-dinn' (ii tlii' iut'dVliiiitinn olitaJMi'd liy lis, (niiti' alinoiiiial." FoUovviiiif the limitation ut' liu; cxcL'.ssivL' slaughter of young males u]ion tlie Piibvlofl" Islands in IHi'l and 1892, and in exacl conc- spondence willi tlie .statement made above, nniny of tlic Ininters note a decided increase (d' males at sea in IHfl'J, Vidiile a marked increase in the same class upon Ihe islands was oliservetl l)y ^fr. Macoun. It thus i'oUows 'hat, unless the taking of fur- seals ni-on the high &?as is in itself entirely illegal, whi<;h is wholly denied, the men so employed have, in comity and reason, fair ground of com- plaint aa against the methods ivraelised upon the l>reeding-islands, which have lesuUed in so seriously ilepleting the nnile element of the seal tribes, and in sappiiig the foundations of the continued prosperity of seal life upon which their industry (h'pendsforils e.xisleiice. The methods heretofore practised n[)on the rribyloll' Islands have in fact assumed Ihal the owners id' tiiese islands were the only persons interested in the fur-seal industry. llie fact that, as a consequence of the restricted number of young males killed on the Pril)yl(ilT Islands in 1890, imd the still smallei' number killed nnder the operation of the auxins nvemH of 1891, the condition of the rookeries there showed distinct improvement in IS91 and 1892, is alone sullicient to show that il has been the killing upon the islands rather than that at sea which induced the decrease. The numlier of seals taken ;it sea in 1890 and 1891 was actually greater than ever belore. if, therefore, in accordance with the contention now held by the United States, the chief want upon the islantls was in females, while a vast majority of the seals killed at sea were of this sex, tlie condition of the r^.^kerics shoidd have continued ra|)idly lo detv riorate. The benelk'ial eilecl resulting front the sparing of males upon the islands is llierefore specially lo be noted. It is therefore wholly uureasoiuib'e aiul inad- missible for those interested in the island.?, having themselves brought about Ihe depletion of one (dass o( seals, to demand for their sole benefit the suppression of another form of sealing, which, in consec|uence of such action, has of late, and from * I [249] 2 D 9 200 nn 1 H ■\ 1' il ' tlic iioresxilies of llie caHc, resulted in llic takiiij,' ol" a considerable proi)ortiou of females from the existing surplus of that sex. The assertion in the United States' Case as to the propoition of females in the pelagic catch, rests cliielly on the evidence of furriers, who have examined the skins in the condition in which they reached Uicm, that is to say without the heads or extremities aud stretched out of their original form. While it is no doubt quite po.Hsible for these gentlemen to correctly distinguish <7, on I'ortI >ck Bank, took in one day 2il seals, of which 2 were females. In 1891 catch was 75 per cent, males. Of 7(i.") seals killed, bS were females with yoinig. Ciijitalii W. K. Baker. — Proportion of his catch in 1891, ;') males to 1 female. ('i(liUnn C. y. Car.— In 18)S9. 90 per cent, of his catch males. In 1891, of 848 seals taken south of Behring Sea, 7.') per cent, were mahs, 1.") p;'r crnt. females with young. ('Kptiiin A. Bisect. — .More males than females taken, In 1891, 70 to 80 per cent, of his eateh males. Captain T. Magnesen. — In February to Ajjvil about equally divided as to sex. Near Behriug Sea about 80 males taken to 1 female. In bS91, about half his each I'" i-'i(:ii i J. i: ^ a ■■.ill :l:i ! 202 •^:,.^^V rclllilli'S. I lie ivht .mI. so ii.T cclil. 70 to yO i)(.T fcMiiili-'H, 12 til II |)iT (Tilt. Iiciiriii; lilllTrll. Mr. II r,.„.'/v/'.— Of IIk^ i^uiiU kill.Ml. iiiak'N. Mr. J!. r/toiii/i.ioii- — Of till' m-'uIn tiikeii fuiit. wore inali'N. Mi: A. L((in(j. — Simtli of Ijclu'iiif;' Si'n, ."{ in "i miilcN. Ill Htliriiii;- Si'ii, 4 in ') niitU'K. Cril. Ahiint C>^) or 70 jicv fi'nt. of nciiIh tiilvcn inalcH; !;"> \njr cent, of tlr> fcniiiloM Inirn ii. Of 2,434 scmIm tiikfii in Hi'hring Sua ."> jicr cent, wi-ro fi'nialfN with milk. Ci'jil.im C. /^(■/■(7^— In IMllO. aliiiiit oni-fourtli of Win catch femak's ; in ] Hill, about oni'-half; of l,o5'» Koals taken in Huhriny Sea lutwooii the middle and end of July only ten were females with young. Caiitinn C. McDowinU. — Of 1,10(» seals taken in liehring Sea, 800 were male.s. Viiptaht A. JJowiluf. — Has found one or two feniak's with young in Hehring Sea iu a season. Ciijildiii S. S J/i'/",i'ii«. — Finds niori' males than females South of 1) ■living Si'i ; in Hehring Sea, about equally divided. In LSltl hiseafi.'h consisted of two-thirds innlos, one-third females. Ciiptciii DniJ. — Took (100 seals in Jiehriiig Sea, of wliieli less than 20 wore with young. In 1890, of 2,000 seals taken by sehooner '"Viva" in Bohring Sea, only 2 wore females with young. Much additional evidence on tlic same i)oint, A|ij)ciuli.x, vul. ii, pp. 11-22, nicluding experience in 189'2, is contained in the statements of sealer.s printed in tlie Appendix, and of this the following synopsis may lie givtii : — Mi: ./. Toicnsi'nd. — Has secured on the r;oast and in Bohring Sea about as many loinales as males. Mi: C. Le ISlnnc. — lii 18112, took inure females than males on the [American] coast, and on the Asiatic side about ecjUal numbers of each sex. More than half the females on the coast wore with young. On tho Asiatic side from oiio-quarter to one half were in milk. Captiun A. Dougltv. — Formerly more females weic taken th.'in iiiak's, l)ut last two viars more males, from 2 to 4 years old. Mi: G. Roherii:. — 'I'lirce out of live seals taken in i'<'.i2 were males, .\bont one-half the females taken wero in imp. Mi: M. Jiiiuii. — 'i'ook in JS',12 aiioiit .is many leiiKilri- as males. On tlu; Asiatic side more males tlpiu females. In 1^01, iu jieiiring Sea (American side), more males than females. Captain R. 0. Lavender. — On coast in 1MS)2 over one- third his catch were females. Less thill half of those barren. The same in other years. In three seasons in Bohring Sea ho found near the islands mostly females, but further out mostly male.?. T. Malhanen. — Boat-steeror in l«9l ; thinks that out of ,') seals taken 'A are females. ,/. >. ranniiin.—hi 18i>2 took 158 seals, of which 8 20;5 M'oi'i' IViimlcs, Oiliir liiiiiti'iH ill HMiiir vc.-M I Iiiul siiiiiliiv ('xpcrii'iuH'. A. /ii7/iu(/.— Al)(>ut tpiit!-li(ilf(it't(ia»t latili I'l'iimlcH, of which iilxiut oiie-foiiitli wcro in pup. LI. JJinliow. — III lfl{i2 took iiinn- iimloH tiiiiii I'vcr before. In pieviouH yini-M ii vciy UttU' niovf than half were li'iiiaitH. In Bi4inuK ^t^a iiliout lialf his cati li were females. Mi: O. linclihoh, — On the Aiiiericiiii roasl lias tiiki'ii jiiiire I'emalcM than iiuiIlh. Mr, Ji. Sldi-rdl, — Thiiiku thcii' arc inoic fciiiiili's Ihaii iniih?H ninoiifj; t\w seals ttikeii. I'lipUitn ir. (f'Leuij/. — CntchcN have uhvayHliccii coin- pdscil (if about ecjiial nuiiiln'rH of iiialcH ami finiiih^H. Iiolh on the coast and in IJchriiig' Sea. /•', ('aiiif)lclL — Took G5 seals in 18'J2, uuionf^' which were nion^ females tlum males: 20 to 25 were liniTeii females. ./. IJivifii. — In 1«1I2 t!;ot more females than malts. Ciijitain A. li. Dwet.—ln 1891, 80 per cent, of catch wen; yinuig' males. In 1892, about half females on coast. //. li. Smilli. — ^On Vancouver Island coast early in season about half the seals taken arc fenmles, half of which arc in pup. As the season grows fewer femahis uro got, and fewer of these in pup. IF. De Witt. — A little more than half the seals taken on the coast are females, and of these about one-half are in pup. jr. (;. Goudie.— hi 1892, of 2,040 seals taken on the coast about 1,500 were bulls from 2 to 4 years old. About one-half the seals taken in Behring Sea are females. Captain L. McLean. — Outside very many more males than fenuiles are taken. Not nearly so many females ns nuUes in Behring Sea. ./. Jf. lUuilc. — The greater portion of the catch of •• Walter A. Karlo" were males. ./. Sliiehh. — Of the larger seals there are more females than males. Of the smaller seals, more mulea than females. In Behring Sea more males than females. G. F. Frincli. — Males and females in about equal numbers on the coast. O. (S't'to;/".— Males and females in about equal numbers both on (M)ast and in Behring Sea. i''^ ir. Strouff. — Thinks that about two-thirds liis cateh on the coast were females, one-half in pup. A. MdtluMn. — More than half the seals taken on coast Were females. Mostly young fi'males and barren cows, ,\bout one-quarter females in pup. ir. Shieldx. — Before 1892 thinks he took a fciW more females than males, but in 1892 more than two-thirds of his eateh were malcH, and this was the ex])eneiiee of the other hunters on the " E. B. Marvin.'" ('. A. Williams. — Sexes about equally divided in 1S92 ill 18S9 and 1891 nearly all bulls. On the Asiatic side seals about etpially divided ay to sex. C, Locke. — (iot in 1892 a few more males than fciiiaje^ .! ' r • ! 1^1 V 1 1 ' i . ■■«', < ] ' i if ir» Jn I t > III •204 (i|j (lie cMiM>l, liiil IhiiIi iIh ri' ami mi lln^ AHinlir hiilr tlnr ■ wiM'c iili(iiit ciiuul iniliilu'l'N ol'iiicli nvx. /.'. Kiimlvai'. — Hcl'oru IH'.li' killcil nuno t'l'iiiiilcH tliiiii llllllcH. Ill IM'.IJ llKirc lUlllcH tll:|ll cvi r In I'nrc. Cuplnin H. Lur .i:.-U\\. tlu' Utli AilnUHt, 1«!I0, in I'li.'luiiig Sen, liis Imiitcrs f;ot 1:'" si'iiIm, uf wliiili iiliout 1(10 woio iniik'H. TliiiikH lir (n.ilc nidro iViimlcH tliiiii niiil.s ill l«ltl. (iptttiii T. .\fagiieiiei). — Of over I.OOO hoiiIh tiikcii on loast each voar by liis liniitciH Iwn-tliirtlH wric imilrs. Miiru feliililcH tlmii liialrs ill lliluiiii;' Sea. Sr.\i« alimit (■(jiial oil AHiatii; wiile. Captain IT /•,'. Ihtker, — In Inist two VfaiHalMHit l'.'i jut ii'ut. of coiiHt catcli wii'c ciiWH. /. O'Quiiiii. — Of 7() sL'alH till; (.Ml on llncnaNt in IH'.ll, iiol niuvo ttian 25 wiro fi'nialos : and of 210 in \S'.\->. ik^I iiKii'o llian -10 wore females. MohIIv Imlln on Asiatir KJdi! in IH'JI anil l^t'.L'. N'ot more tlicn ti in 1(»» wnv feinalcH. Captain li. K. MrKiel. — CJetH more females than malos. Ill 18!>2 move muloK, in proportion, than ever lieforo. Ca/itain E, P. Mintr. — 40 per cent, of hi'iiIh taken on ooHst, and uliont tiO per ei'iit. of those taken in Hehriii^- iSea, are fenialcN. Captain C. Camp/)ell.—\Yiin:i\>a\ part of eateli in \S',\l ami 18il2 •\vevo yonng- males. Ciiptaiii (/. Maciial(l. — An a nile, more females than male.s are enuf^ht on coast. In Helnin^' Sea about eijual immberH of each sex. W. Fevliiiin. — About the same number of male.s and fe .ialp.'<. I). TaiIikj — Tliiiiksmoro females than males are taken on the coast, but that in JJehriiif;' Sea — both sides — more males are taken. 7. Jf. Jiroifii. — Has always taken more males than females on the coast, and about tJio same niiinlier of eai.'li sex in Hehriiig Sea. ./. ^fol^ris. — More males than females. A'. Afifri-ion. — In lySl! about two-thirds his cateii were bulls. In 18[U about kalf were females, and in 1892 about Olio-third. On Asiatic side in IHUl and 1«!I2 about half were females. //. S. Bniwia: — More ncvles than females in 18!I2, and more in proportion than other years. Captain V, Jacob.^o>i — About 3 out of .") seals taken on the coast and in Behring Sea are females. Captain J. IT Todd. — Remembers no year in which he took more females than males on the coast. In Rehriiig- Sea rather more than half females. J. Chrinlian. — Rather more than half females on Asiatic side, and about e(pial numbers of males and females ou the American coast. .\[. McGrat/i. — Jlorc than half, both on American and Asiatic sides, wore females. ]V. Ileay. — Two-thirds of catch young males. J, Beckiuiiham, — As manv females taken as males, 20j Captain II. Ji. JonM.— ThinkH voBsclii )ic liiis boon on took more fumaloH than iniik'a both in Uuliiiiig Sua and on tho coaiit. Cu/)tiiin J:'. Cnilillioii. -Until 1892 catLJi containinl rnoru fumaliH tluui nialtH. In 1892 ninny nioro nialu» tlian i'umaloH. ('. Peters. — More foinali-'H tlmn nialuh in 1801 anil 1892. J[. l\i.rtou.—h\ Ik'hring Sea in 1891 took 330 BcalH. MoHt of tlicHo wero young bullH. In 1892, 139 Honls on • oaKt; aboiit 20 females among tlioin. U, Ilealtr. — In 1890, in Behring Sua, groatcr jiurt of catch males ; in 1891, on coaHt, majority wuru young bullH; in 1892, onc-thinl cows, A, McGarva. — In 1890 moro females than males; in 1891 abont; ecjual numbers of eadi box; in 1892 inoro males than i'emalcH, R. Fmdlaij, — Jloro males than females in 1892 ; moro femalcH in previous years. ./, Ki-njiL — Wiowt half the seals taken by him females. F. Warrinijton. — More females than males killed. (J. K. Miner. — As a rule more females than males, but in 1892 but 10 per cent, of catch were females. Captain .7. 1). Wiirrcn. — A little over half the catch females both on tho coast and in Behring Sea. C. O. //(/I'll.-.- In 1891 about half females; in 1892 nearly all bulls. M. ridney.— hi 1891 less than half fenniles ; in 1892 very few females on coast. Of 420 taken in Behring Sea, about one-fourth were females. ir. 0. Jfiifjhes. — In 1891, both on coast nndin Behring Sea, about half females; in 1892 not more than 10 per cent, females on coast. .7. McKne. — About half females. ,/. Brown. — About half of each sex. .7. Sileman. — In 1888 and 1889 about half females; in 1890 nearly all males; in 1892 three-fifths males. In Behring Sea each year about half the catch woio females. \V. JJi:rmann. — ^lorc females than males as a rule. <'.*0, oil coast, more tlmn half males; in 1891 about halt' females. In Kohriiig ijta, in 1X90 uud 1891, about two-thirdb of catch fcinalis. In 189i four-fifths i>f catch males. ir. 0. Shafter. — Both on the coast and in Beliriiig Sea more females than malcH. A, F, t'arhon. — More females than males on the coast. /'. Crocket: — More females than males on the coast ; in Behring Sea about half and half. H'. Coiiiirrs. — More than half fomalcs on the const. /•*. F. I'elernini. — On the coast about half males and half fomalcK. //. ./. JauiiI. — About l).") per cent, of coast catch females. ./. Ford. — On the coast more males than females. ./. W. Crexr. — ne-third females. ./. .MatthewK. — About half of coast catch females ; in Behring Sea at least 5 out of (? were males. A. McKeil. — H out of 5 taken on er)a«t feinales. G. C. (ifroir, — Two-thirds of catcli on coast anil in Behring Sea females. ./. Gaudiii. — Chiefly females in Beliring Sea, but nearly al) were dry. ('. Bloniqtiixt. — 11 or 15 females among 149 taken in 1892. R. Hope. — Thinks mort females than males are taken. ir. Petit.— 'Sot more than \'M) fiinales out of Wm seals in 1892. C, F. Dillon. — About three-fifths of catch females in 1892. .1. Sinclair. — AV>ont half males — a few more than half perhaps. II' Fdictird.s. — About ns many males as feuiales. M. Edwards. — .\bout half of each kcx. 'i' nortli iiioro mules thi\n fi'iiiHlcH. CltihiijiUum, Hnnnimm, and r/a/ioii/i).— Along Van- rouvpr iKtand (.'onst more foniuloB tlinii nialcH ; further iiortli inor<^ males. Wiilh r Wati, — Along Vanoouvcr Island coaet about half till' catch — iierhapn a little more — foinnleH. Cliilfid. — Alonj;; tho Vaneouvfr Ixland coast an many females uH iiiak'H. (KjuiKiyhu. — Five or nix years ago mure males thnn females ; now as many females as males, Kiiili-hiirli-iih. — Five or six years ago took more niale* than femak'H, but now about tho same nnmlier of each sex is taken. Slifirin/i. — Gt^norally about the same numlK'r of each Hex ; this year more males. Clitt-kit-lci and Kifkinna. — About half of each sex. ('lifklnliiiiilii, AV.«/iH. — 7.'< seals: only 1 female. ./()('. — 11 s»!als; not many females. Tiiiilor. — 88 seals; more males than fenudes, Tiiniinle. — 5',t seals; more males than feninicR, [249] 2 E 2 H! ■iJ-:- 111 it fii'^. r i ■ i m i j ffl i,- ^1 i s 208 I' ' m (c.) — Thai, in consequence of the hilling of nursing Females at Sea, dead Pups have been found iri incrcixsimj Numbers on the Pribyloff Hookeries fvery year since Pelagic Sealing began in Behring Sea, and that such Pups died from Starvation. TU'iH ooiiteiUiou whollv It remains to deal with tlie third of the main eontentiotis above cited. This assort io!i is, lilte several other assertions to which great importance is now attached in the Case of the United Stales, entirely new. It is therefore somewhat remarkable to find, notwithstanding the apparently complete absence of comjjarable observations in the reports on the islands in previous years, tliat it is now maintained, not only that such results have been «;oncurront with the progress of pelagic sealing, but that tliey have been observed to increa.se pari passu with the growth of such sealing at sea. In previous rejjorts on the islands, where the death of " pujis " has received mention at all, it has been apparently uniformly attributed to one of two For ifforcuccs lo causes, i.e., cither to overrunning of the young by S.'"-"!' l*^'"'"" adult seaN, or destruction of the voung bv surf see British CommiH- The mortality noticed in 1891 was, moreover, 'j'|,p mortality ui' vm ., . attritiuted to the same cau-ses by such of the W.)\, first notic'l I oflicials and natives on the Pribyloff Islands as on i issioiipis. ■were first addressed on the subject by the British Commissioners, showing very plainly that up to tliat time no other explanation had been present I'ji'l • para. ;!KJ. to their minds. In presenting the evidence upon which de- liondoncc is placed in this matter in the Case of tlie liiited States, Dr. W. II. Dall, wlio visited the I'libyloff Islands in 1S80, Captain Bryant, who was on the islands from 1870 to 1877. Mr. Moulton. who was o!i St. George Island from 1877 to 18S1. Mr. Utis, on the islands from 1879 to 1881, and Jlr. Gliddon, (foveriiiiient Agent from 188"i to 188."), are first cited, to prove that dead pups were very seldom or scaniely ever ."seen upon tiie islands up to the year 1881. But Mr. II. W. lllliott, writing in 1875, and us the result of his experience gained in 1872-7-1, speaks of the normal presence of — UCmIs ii ■ Rriiifii ICvideuoe citud l»y I'liitiHi :;t,.!isi show that tlcii'd "j ip^'' pilJ,! wf-nii on Pnliyldflr IhI bM. But this is coiitruiiiiiid l> Heportsof Unitoil St"!' nit'iit. ]Mi Vn,,!- 11' VU!- •' (Icenyiiig crtrcaBses of old seals and the many pup» •• llopott on tho whiL-h have bt-tn killed nccidcntnily by the old bulls Condition of Affaiit wIiIIl- fighting with and ehnrging buck and forth ' ** "' •'' ngniimt one another." >11 wholly novel 201) Lieutenant W. Maynard, Unitetl States' navy, writing of the islands in 1874, says : — 44iL Core " '"•'".'/ of tliem [tho pupB] nry killed by tho surf, iRt Sons., II. T{ , jjnrti('iiliirly if tlic season is n stormy one, ns they aro hi. Due. 4.1. ]> '. not fitioiin' enough swininiors to save thcsnstlves from bfinp dnshed against the rocks by it." '• Monojtraiili of fflill a<;uin in 1876, Captain Ikvant notes tho Nortli Ann'iicaii , .' i. , , " <. • i I'iimincdK.' destruction ot a large number ot pups in tho pp. :!!t7, XiB. autumn by a storm, a destruction so great in fact that hi! anticipated itseflect would appear in 1880 ; Bull. Miis. Cotnp. , ,, .1 •. r .1 c 1 »> _ /iool . vo). ii. No. 1 ""'' ''"' '''""^ authority furtlier refers to the I'- f "• destruction of young seals which always results from a .stampede of the older animals. Captain Bryant further alludes to another cause " Miinn(;i'iij>li of North Amcricnn Phiiiipt'fls." p. ■lOS. of death of vounj; seals as follow,^ : — '■ When the SUM siiinus for two or three hours, and the rocks become iieated, there arc occasional deaths among the beach-masters and very young pups from sunstroke, the symptoms being ii nervous jerking of tho limbn, followed by coiivnlKionK and deiith. Fortunately these occnrrcnces are rare, and it was only in 1874 that unyapiireciable number were lost from this cause. That yenr many young seals died oboe', the lut Augast." ' I : ! f •■ ^^^■1, -m Hi In' Uuitlll .Slitlth' Census ItcpOlt. p. 3.9. Diili).Ii C'onuni'^ pionors" Itoii.M. piun. ;IJH. P(.ttriKtiii!i of •• jvups " due to i;ii. Again, in his Monograph, submitted in 1880, I'^iiott refers to the destruction of large numbers i V? ' From tlip yoar 1 8S4 onward, it is maintained in the Casip of the United States that the number of dead pups l)ecame considerable, and iiu'reased annually; but three witnesses only are specially cited in support of this contention, Messrs. Morgan, Loud, and Hereford. Nothing on this matter i-„itp(l Siato*' seems to bo found iri the annual reports of the Cnsp, pp. -jl.f. Jll, Government oUicials on the islands in these years, though it must be admitted to have been important to the interests which these agents were there to guard. The ailidavits of these gentlemen, speaking to the precise numbers of dead pups in a long series of years, and making out that these tally "xactly with the numbers of females taken by the pelagic hunters, are all dated in April. 181)2. Mr. Morgans evidence is, however, very imperfectly (piotcd in the United States' Case. He savs : — Kvidoiici? ciloil h\ the rnili to show progre«Kivt> iij, ilciith of ••pups" with niciit of pi'lii(>ir Ktiiliiii', ic'triisjH'<'fivi'. ■1 ^t,l^ .1..V..1,,, '• For iiK-.taiici', iluriiig' the period of my rcsidein'o on St. George Island [bt'ginniiigin 1874]. down to tlio year 'I'lie qiiotHtions of uviikin i- iill. ar<' inovcover iippcrt-ci. , ^ , , . 1 , IbiJ.. Appcmli.x, li*^84. tliere wiro always u number ol (Itail pups, the vol. ii, p. tit. nmnlicr of wliirli I cannot give exactly, as it varied from yi'or to yt-av. and was dependent upon aocideuts or the destruftivoiK'ss of storms Hut from the year 18S4 down to the period wiien I left St. George Ishind [in 18S7] there was a marked inerease in the number of dead pup seals, amounting, perhnjis, to a trebling of tlie nunibors observed in t'orinor years, so that I wuulil estimate the number ot dead pups in the vear 1887 at about 5,000 or 7,000 as a ina.xiinum." He then proceeds to argue that the increased number of dead pups resulted from pelagic sealing. Mr. Loud was on the islands eacli year from Ibiil.. p. :!:>. 1885 to 18S'.». He speaks of seeing dead pups in all tliese years, and liclievcs the mortality to have occurred in cmisequence of pelagic sealing. Dr. Hercfiird has been stationed on the islands at various times from 1880 to 1801. He says : — " The loss ot' litV> ot' i»\\> seals on tlie rookeries up to ii,i,i . i,. 'j\l. 1^84 or l^f^.l was comparatively slight, and was generally attributed to the death of the mother seal fnun natural causes (or from their natural enemies in the water, or. as s'.inctinies h:ippi'ne.l. sudden storms with heavy surfs, rolling in tmni certain directions on the breeding rookeries, but never at any time wouhl a suflieient nundurof pup> be killed to make it ii subject of special 1 omment. « ither among tlii' natives or tlie employes ot the Company). Coincident with the increase of hunting seals in the sea. there was an increase in the death-rate of pup seals on the rookeries," &c. rnifod Stfltet' ("ntic. ]i. 214. with tliu n«ti-' <>'' »<'«li'>g; i" J''li- liiil' Siil.. paniH. ''SI CSo, Ac, and |>Rra. 714. i..'.'i:iiiiliiiiii.iital )ii<8unii>ti<>iisi>f till' olitclilinii held by tllL' I'lliti'il jiates aiv not proven. ' i* ii"t known that biveiliu;;- tViiiiilib '^i\ to sea for food wliilu til" v.. MM j;' aiv dependent on tlaiii. It must be bonie in mind that the possible connection between the death of young seals on shore and the supposed killing of their mothers at sea, necessarily depends upon several circum- stances which have not hitherto been adeijuately investigated. It is, for instance, not known that the mother seals actually go to sea for food dviring all that part of the early life of the pup in which it it :li ' ' :'l !::■ . U:' Ml i ]. isi. 212 absolutely dependent on the mother. Rut if this be issumed, it has, further, not been sliowii that at this season the nursinfr females go to sudi a distaniie from the sliores as to be taiten in any considerable numbers by sea-sealers — always excluding the illegitimate killing by raiders close along the rookery Touts. Some further reference will be made to those disputed points ; but, in tlie first place, the actual circumstances bearing on the death of young .seals in 1891, in connection with which tile claim now made by the United States arose, may be shortly noted. Particular attention was given to this subject by the Ihitish C^onunissioners during their visits to the PribylofT I.-lands in July, August, aiul September 1891 ; for though, as above stated, it had escaped the notice of tho.se in cliarge of the islands till their attention was directed to it, it appeared to the Cummissioners to be a matter of importance. The result of their investigation is jjiit .-.li Comniid- given at some length in their Report, which **""""''''' |'vr,".''^",, . must be consulted for details. In summing up the facts, they write : — " The iloHtli of M I many young st-uls on tho islands in Ibiil.. jiarn. :i')'). 1891 was wliiilly cxcoptioual and unprecedented, and it (joourrod intla' very m-jinon dining wliicli, iu acconlaiico with the moJiif rifi'mli, cvory c-flfurt was being niadi; tn drivo nil pelagic scal>rs i'roni Boliring Sea. TiioRe familiar with tiio isliinds wore evidently puzzK-d imd 6urpri.scd when tiioir attention was first drawn to it, and were for Bomo time in doubt as to what cause it might be nttribnted "Tlie ni'irtulity was at first ciitirely local, and thongli later a ccitain number of dead pups were found on variouH rookeries examined, notliing of a character coni- p.irable with that o:i Tolst,)! rookery was disuovcrod." \etual uircuni8taiicc« nf the 1,,^,. taiity of ''pupa" in l8',)I. Tho Coinmissiouors then show, by reference to dates in detail, tliat the excessive mortality, when first observed, had occurred at a time too early in the suinincr to be explained by the killing of niolher.s at sea ; and point out that, although further deaths of young occurred at later dates, there appeared every reason to believe that tlie whole resiilteil from some one cause, which had extended froin the original localities, and had become more general. The Conunissioners do not regard the available H'"' , pmu. :!,V), p.vidence as sufTiciciit to enable them definitely to determine the cause of the mortality in 1891, but suggest the following as among jjrobable causes : — >«liowa to ho iucomiirttii'lo witlitlio theory advanced in tho I'uited States' Cuso. 218 Britiih CominiH- iiionon' Report, pnrM. 316 e/ teif. Recwrence of mortality in 189i, whiu pmctically no Reals wtTi! killetl ill Bi-lirinp; Sen, proves ab- solutely tlint the killing of fonmloH at sea taiinot bo accountable. Appendix, vol. i p. 14C. Character of evidence adduced by the United States to show that breeding females go far to sea for food. United States' Case, pp. 115 119 Ibid , p. 209. (a.) IhAturbauces ounnected with tlic collection of " drives," in which nursinp females were in- cluded, which animals, thoii^'h eventually spared, did not .succeed in rfjoininj? their vouii}:. {/).) Disease of an opideniic character, (f.) FlainpedcH and over-running of the young. (« Mint Hritinh Commi«- ihe females do not seek the wutor for any purpose f,'"^* 7t()»'/'^'' KIIioU'h (ViiitiiN Uc|ioil, |> :I0, Ac. 'I'll'" I'liiti'il StitioK <'(inii,)i(i,j, , content themselves with making the toUowing „ii,i Pr..f,.gs„r Alltn ndihi,,, ,'" aflinnation on this snl)iect :- f«ct«. till some lime after giving birti\. The I'niled States" Commissioners in their Heport "CciwH wlicii uuriiiiiK roguliirly triivel long clJglaneCN Unitotl Stutfit' to feed. They are froqn«iitly f..nnd KM) or 150 iniK-R ^'»»''- f •'■'^'^■ from fhi' iNlunds. Mnd Moini'timi'H iit (jri'iitrr dintnni'fs," l*rofe>>()i 1. A. AHen, in his specially prepared Keporl, nicrely <:iys : — •• It i- t'lntliir Kill kiiiiirii lli;il tin- iihiIIh r m'uIm li'iive lliiil., A|i|ii>iiili\, tlic iKliinds nt tV.MHi,iit int.rviils and piofoed far uiit to ^"'- '• I'l' *""•'• •*'" Hoa in si;u'i-li 111' I'imil." inicl '•in lU'liriiit; St'a tiu-y [tlif iVniali' sealsj n»ak>' I'lii^; ixctnsiims fur food.'' i:'i»l Neiilier ihc Lulled sftates' (.'oninii»siont;rs nor rrt)fess..r Allen have referred to the farts npon whieh lliey liave reached these conelnsions. The whole of the aliidaviis specially referred to in the Case of ihe I'Mitfd Slates on this suhjei't, except lwi>, bear dates suliMMpieni to ihat at which the Heport «)f the I'nited Stales' Commissioners was completed, vi/., lotli April. IS'J'J; and of these two excep- tion.ll aflidavits, one, that of I>r. II. H. McTn'.yre, speaks oidy of young (non-bearing) females going to feed, rrofessor Allen has not cited the facts which have led him to assume a new position, though in his former writings he is found to be fully committed to the statement that the female seals do not feed during the season in which they resort to the breeding-islands. Tlie habit of prolonged .ibstinence at the breed- ing season is well known to be normal among the PinnljH'dlit as a whole ; and notwithstanding the number of years over which the habits of seals have been observed, there is no record of food being found in ihe stomachs of females when killed upon the islands, or any fads that justify the statement that nursing females leave the islands on feeding excursions. Writing particularly of the eared-seals (or fur- seals and sea-lions), Professor Allen savs : — 'rhi- aHi.lavits aii- siil) ^reni-rally reeognizcd. ProfeBKor AUfu uii this Biihjnt. •• One of tlif most Htrikiiig foatmvM in thfir liintorv is Bull. Mus. Comp. that at this p-.-nod [that of rpj.r.iduotion], hull, xeeeo 7,li of lySO. I'fofcssiir Alien wril«s nil tlic saiiif Milijccl : -- ' Miiiiot.i'npli of "Till' ninliH, iliirin^- tlir In- linp; hi'iisiiii, rt'iimiii North AiiKrionii in i • , .1 .,, „' 1 ■ 1 .1 i'in..i..,.,i» •■ .. •»•'- "Ik'Hv nil liiiiil. iiiiil tlicv will millir ilnitli inilur tliini I lllllllll'IIHf II. tami ' U'livc llii'iri-liiiHi'ii H|iii|. Tiii'v lliiiN HiiNliiiii, I'lirii |ii'i'iii(l 111' Hi'ViTiil WfckH, nil iiiiiiiti'i'rujiti'il lust. 'I'lirv iirrivr lit tli<< bi'rriliiiK' stiitiiiiiN I'lit mill vi^nriiiiH. iiml loiivc • Ir'Iii wciik mill iiiiiii'iiitfil, Imviiin' Im'I'Ii iinunHliiMl tlii'diiKh tlii'ii' Inii^; iiriiml nl' rusting whully hy tin* liit 1)1" llu'ir own Imiliis. Tlic I'ciiiuleN rt'iiiaiii uiiinter- ruptudly I'll liiml I'm' 11 iiiiuli HJiiirli r iiuriml, iiiit I'nr 11 rimHJdfriilili' tiiMi" iil'tiT tlii'ir nrriv/il ijn imf Iriivi- tliu ImroiiiH." I'nptiiiii Bn-aut. Helerriiig particularly to the North racilic fur- ficnl, Captain IJryaiit, who is resjionsible for that part of I'rufi'ssor Allen's work on the caicil-scals which treats ol the habil.x of lliis iitiinial, noles the result of his careful iiivestinatioii of the staleinent made hy tho natives, that the seals do not eat while resorting to the islands. He lefer-j particu- larly to the males, but adds ; - Bull. Mu8. Coap. Zool., vol. ii, No. I, pp. 101, 102. Further Htuteir.eiitR by Profewnr .\llen and Cnptniii Bryant. from food nf pinci brecilill)? sr:iR(ili 1! eiigiiizcd. lU'ii on tliii* Riibji'ct. "The Bnnio waH tnii' nt lliri f.w nnrsii'.i;- t'lninlrM killi'd for dissoetioii," He further draws particular aUciiiiun to the absence of idl excrenieni upon the rookery grounds. Professor Allen himself, in an explanatory note to the passages just referred to, in conlirmation of Ijryanl's .statenuiit, writes thus: — •' btoller RtntcH that, in (lie nuiiierous ^peeiniens ho (liescctcd lie always found tliu HtoiiiiieliH empty, and remarks that tlicy take no food during the HevernI weeks they remain on laiiil. Mr. jlali I'onririim tho winio statement in res|>ect to tint iireHont spceies, and ('aptiiiliH Cook. Wi'ddell, and |||ller^^, v.lio have had oppovtiiuitieH fur iilisorviiig tin' iliU'cifiit soutliern HpeeibN, ailiriii tlir fame fact in regard to the latter. Lord Sliuldliaiii Imig sinee stated that the walrus had the. same habit, though its annual fast sei'iim Homewhat nhi)rti>r than those of the I'ai'ed-sealn. i "This singular phciKinienon of a protracted annual fast during the period of parturition and the nursing of the youug — the himisou when inoBt iiianunuls requir« [249] 2 P2 21A thci iiiiml niiipki HiiHtuiuuici' — hci'Imh nrit wlmlly cini* fini'il tu tli(^ wiiliiiHt'H iiikI rurcd-ftcalH, So I'lir im kiinwii. lidWfViT, if JM liiiiili'il to flu- |)iiiiii|H>(l('H ; iiiiil, cxicptiiiK in tlir ciiKc (if u Niiijflc iiR'iiilx'r, tlic nvi\ i'li'|ihitiit {Miic- n>r/iiiiii» rleii/iiiiiliiiiin), to llic two iibovo-iiiiiiiiMl I'liiiiilicH. My Hiiiiic iif tlir dill writiTH tlic Hcn-tlciiliniit wim siiid til r«'cil N|i!iriiif;ly, iit tliiM lime, mi tin' gniHt«'n mid Kni- uTciU tliiil ffri'W ill till' vii'iiiitv <<( it" lin'i-diiijf-plnci'H, Imt till' wi'i^lit lit' till' I'viiloiH'i' ill nHpci't tn tliiM piiiiit HCcniH tn iiidii'iiti' tliiil lliix N|ii'('it<,s I'uMtH Hiiniliirly tn llio ciiR'd-xi'iilM mill wiilniNi'H, during; tli<' pi'iiiiil it ri.'»(irtH to tin- liind In liriii^: I'nitli it^ yoiiii^;. • • • • "It limy 1)1' tliiit I'tlicr Npoi'icH nC tlio oarlchs m-.Ait iiiidi'i'^ii Hiiiiiliir fiiHtH. Imf if mh. I liiivc mm yet hi'cii nn record lit' till' titi't." Captniii Hryaiii, in lii> contribntiiiii mi the habits (if ilif fiir-f<«'al, wliicli is iiirorijoratcd in Pnifcisor Alien's lafiM-datcd .Moiio;.'raiili, does not fcpcaf llif nliservatioiis iccordcd in liis foiiucr treatise, !)ut refers to lliem, and, in rcj.'ard to tlie particular sulijecl now in (iiu-stion, clearly shows that he niaintair.ed the same poHition as before. Writiii}.', for inst.ince. of the female fur-seal as follows : — •■ Kroni thnt t'liii' [i.i:. tliti* of iiiiprcj^iiation] slie 'icH uither Hlijpin;; near her Vnuiig or mpendH lier time tlonting or playing in the witter inmv the sliore. rotnrii- inp oecnsionally to fiiickln lier ptip. • • • • •'The feniaioH, niter giving liirtli to their young. •• Monogroph of temporurily rejiiiir again to the water, and arc thu8 North American never ail on shore at once. s.. that l.y the end of the i'innipad.." p. 38C, season there will ht' twice as many young Heals on shore MS females." The Hrltish Commissioner!*, as the result of their investigation of this subject, sum up their conclu- sions in these words : — Conchuionn of thu British Coinmi/f sionera on the subject. " It appears to lie certain that thu niattue males British Commis- doing duty on the breeding rookeries do not feed at all siouers' Rcpct, during the breeding season, and that for some time, at ''"'"*■ least several weeks, after landing, the breeding fomaleH do not leave the rookery-grounds in search of food. There is no apparent reason why the ' holluscliickie,' or young males, should not go to sea in quest of fish. Singularly enough, however, though animals of this class have been killed by hundreds of thousands upon the breeding islanrls under all conceivable conditions of weather, and often within less than an hour of their deportation from their Inuiling-giounds, the almost univei"8al testimony is to the eflTect that their stoniaclii are invariably found to be free from food." i;:? 317 OhiervatioM made by thoin, Oritiiili rominin- Tlio ronimisftioiitTH lli<'ii ilctnil N\i•* dun w.ir iluiiiM-lvcs al)l.' lu .n:.kr, iiirlmlinL' pare. Ai«i-«iw. "^ _ ihu exiiiuiiiatiuii uf tlie Htoiiimli^ nf ll>S vuui)<' \bii'ii<'i< of nil uxcrenieut on tin- hreedinff-plnro*. Ibid., parti. 243. Ibid., para. 308. nial(>8 (PribylolV Islaml), one r)I(l male, and two fcinali'.M (liclirii)^' iNlaiul). Tlie old luulo and llic females last niuntioneil were driven up directly from (lie rookery, but 200 yards distant, and at onre killed, hut no tran- of food was found in tin' ntomariis. Tlu' tiompletc .'d)>fin'f ul ix'renient on tlic rookorieJt, alrrndy nferred lo in a quotation from Captain hryant, was specially noted liy the British ( 'otnnii(i»ioners, who .xay : " It in to tliunliMi'iii'i' iiI'hiu'Ii luiitter iiliiin' tliiit thocoii- tinuoiiH lu-vdiiig ttigotjii'i- nii one Npot lnr Hnine niuutlm (if 8o many tii* feed t-' ii.iy iiiitidih- I'Xlent till tlir yiiung nre prni.'ti ;olly weanod, or, at all events, until very Into in tlie HUckUng ■ ooHoii, is perhaps indve definite than timt given in :uiy ' ther why," 'J'liey add : — •• It appL'iirH to uh to ht iinito probable, however, tlmt toward the cIoho of the hcuhoh oI nuekling, th' fcninlu Meals may actually ho^,!]- toHpeiula considerable portion "if liii'ir linie jit mix in nenreli of I'mid." Aualegy of tiie hair-Keid. Ibid 308, 649. If femalcM go to sea for food, thin doeH not happen till the autumn. Evidence collected by British Com^ mienonere. In the ca.se of tho hair-seal, experienced sealera ])oint out that there is no excrement whatever "ii tlie ice resorted to by hood-seals and floe-rats, both of which .species abstain altogether from feeding whilst on the ice ; but that the ice to which the harp-seal re.sorts is covered with dung, and tiie liarp-seal is known to feed throughout tiifs season, paras. .307, It will thus be noted that, while presenting the available evidence on the subject, the British Com- missioners did not feel themselves to be wairanted in making a perfectly definite statement on it cither in one sense or in the other. They, however, state their belief tliat if the females feed while suckling it cannot be till towards the close of the breeding season, and probably not to any notable extent till after .iie middle of September, at which date pelagic sealing in Hehring t)ca becomes practicilly impossible, because of boisterous weather. The British Commissioners endeavoured to obtain and compare as impartially as possible the 111 !'": I, t: ■i •■' m -;;■ Kh 21 R i' stafoinenls of all llmsp who had any familiarity with seal life, as to iho actual (lislaiiccs to wliicli seals supposed to Ije engaged in feeding might go from the breeding islands. They found, in the fiii-C place, that the natives generally, both of the Pribylofl" and Commander Islands, believed that the female seals did not feed at all till the young had been weaned; while other authorities stated British CommU- very varied distances for the length of supposed paro^^o?"'^'"*' feeding excursions, taking for granted iu many cases that the mere presence of seals at sea during the l)rpeding season, showed thai the animals so seen had come away from the breeding-islands in search of food. All available opinions up to the Ibid., pHrna. 309- date III which theii' Report was written are in- cluded iu it, and serve to show the actual informa- tion at that time. The Hritish Commissioners then explain the result of their own observations in 1891, which show that the seals are alw.ays to be found in con- siderable nujubers close along the rookery fronts, while comparatively few seals are seen as much as half-a-milo from the rookeries, and that at a distance of, say, 4 miles (o seaward of these places, it woidd be diHicult for any observer to say by appearances at sea alone where a lookery-grouud existed. They then Avrite to tlw following effect : — _ 312. Breeding seals do not go far Ironi the rookeries for any puqjose. "It Ik, liowevLT, iM'vtiiiii, from stati'inonts ubtaincd Ihid., para. 314, that feniak'N in milk arc tjcfabioimlly killed at sea by pelagic Keiilers, and though it is jiuHsiblc that thcru are females wliidi have deserted the iHliiiidH in ('(Hiseqnenee of liaviiiy; lioen ilriveii \\\) to th(< killing-grounds witii the liolhisciiickie. or liecause of Home other cause of distnrliiuiee. nueli as tlie death of tlieir young, it is liighly proliablethut in the later summer and autumn the distnncf to wliich the females go from the breeding- place liecoiiiLN grni io.>kerv on Hehring Island, cod B"tiiih Commi*. '^ dionor* Report, and Other tlshes wen- < niirlit in abundance at a |v»rn. 231. depth of (> to 7 fatlionis. Mr. Ma('0>in, as iju' rt>iil» of uis tihservalions in 1802, presents liirtlier evidence in detail, such as to show that lisli abound in the immediate vicinity of both tlie I'rilivloU and ("onnnandcr Islands, and adds ;- - " It JN tliliN I'viilciit ihat slimilil sodix, wlu'thiT iilillos Appciulix. vol. i, or tomaK'N, roiinirc food during tho time tln'V roNort to !'• '"''"• the islands (wliicli has not lu'cn provi'dv it is to lit' luiil in nlmndiiiu'i' cl.isc to tho lookoiii's." The fads alH)\o .tlhided lo arc, ' however, directly in coniratliclion nf the statement ftnind in the case of the Initcd Slates, to the ellect that (Ish are very scarci' in the waters in the vicinity iTnittHl Siuuw of the lm>cdino i^hni.U. This in ellect is nu-rely *^''""'- ''• ' ""'• an unsupported and hypothetical assuinplion, and it is didicult in delcrniiin- whether it is the ba>is i>f the fiirlher -laicineiil as to cxi'ursions of seals to great distances to feed, or is consetpient on that st.atemcnl. With tlie facts in evidence, it is ipiitc unreason- .ablf to s\ippi>se that female or other seals seeking food L'o to o-rc.'it distances in this quest, while ample supplies miolit be obtained by them with- out this eH'inl. It is sidimiltctl Iruni tin.' facis contained in the foregoins.' chapter that it is cstiiblished that .iny abnormal death of pups on the islands is not due to pelagic sealing; and that pelagic sealing is not an illegitimate, improper, or wrsteful method of killing seals. That the conleiitiun in the I'nilcd States' Case that pelagic scaling is wholly dcslructive of the seal property, is without ftMindalion; and that it is a legit iiuati' dtvelopment of the cM'iginal method of taking seals practised by the Indians and other iidiabitants of tiic coasts of America. That the allegations respecting its injurious effect upon seal life arc greatly exaggerated, and that any incident connected therewith, jjroved to be harmful, can be eflectively dealt with by a scheme of general regulations. riioin-ii (ithorwiHc statcil in \'\ut„\ States' Case. riicre is therefore no rensou to sup- pose that senls, if looking for fnoil, should go to gioat distanct's. OOl fllAPTliin XTI. Mnuaiji'iiieut <>i' l/ir I'rilii/lnj}' Julniuls hi/ ffiitsin and III/ till' I'liilr'il Stati'i, Historical (iiillinc of Manaji'iiii'iit. ill Tiii Unitki> Statkk' Co^T^:xTIo^^<. (1.) Unitod States' (."use, p. 1:11 — '• Uiiili'r till' pi'iicrnl prdtoi'tlvo sy.sti'm niloptcil liy HiiKhia foi' Rt'nl lifo niul tlic ivRtrictiiiiw iiililoil from time tn time, lliu Hi'iil lionl contiiiutMl to iiicri'nsf, until t)ui MnnntfiTs of tlio llussniii-Amcricnn ('oinpitny roii- siili'i'i'il it p(issil)li' inul exprilii-nt to Uikc 7(>,IKW skiiw fnmi St. raiil Islnnil without dnn^rer of (li'|ilftin(r tlio seal popiilntiiiii." {•2.) Unifvd St«*iV Cii»o, p. 71 - "It was tlio fur iniliiNtry moiv tluiiv nil otiior congiJurn- tions wliivli (It'cith'd I lie I'nitcil SlnlcK to pay tliu hiiiii of 7,2lK),0O(.) tliilhu'H ri'ipiiivd I y Kuxhia for tlio i-OHsioii iiud tmiisfor of her soverrinii i .f^hts niid pi-oprrty." (X) United States' Tiise, p. l;l-2— "When tlio Unitcil Stales ciiiiie into possession of these islands hy tho eession of IHG?, it was iui|)oRHihle imme- diately to formulate an adiuiiiJRtrative system for nil portions of the territory then so little known and so distant from the seat of (;oveiiinient. The year IHliS was one of iiitcniijiiuni in the I'riliilof Islands." (4.) UniUvl States' Case, p. 1:53 - "Tho following sprin^f (IStiO) the fiovernmcnt AirenI, Dr. II. II. Mclntyiv, and a itivenuo vessel, under eoni- mand of Captain .lolin A. Ilinriipies, reached the islands, and imniedintely took pi-eenntions to piMleet the seal hcraiiy, uiiiler the inimedlato supervision and eontrol of Aj;ents of the I'nited States' Tifasury Department duly a])pointod for that pur|iose." (C.) United States' Case, p. l.'i;t — "1 do not see how it is possible to eomlui't the sealing; process with pi-eater eaiv or judirment." (7.) United Stales' Case, p. 20C>— "That tho present existence of the hci-d is due wholly to the caiv and pi-otecfion exercised liy the United States and liv Hu'isi;!." i^r-: ■\ ■a SiMMMiv or IJriiTi-ii Ihi't.v. A historienl i-eview of the mauafrcnient of the Pribyloff Islands by Kussia, shows that till ISUl'i practically no care \\n% exercised; that In'tween IHili! u'lil iKl.") the numlH^r of seals (fenernlly diminished ; that fivm n' Jut 1842 it [249J '2 G hi r ii 222 fjraJiinlly iuoroftSfd, under an improved contw)! ; (ind that tlie rookeries were in excellent condition when Alaska was coded to tlie United Stiitos in 18(j7. Hiirinjf tlio years from 18:J0 to 1807, statistics show tlnit the annual avoruare number of seals killed did not exceed 4:>,ooo. In 1808, the Russian contrf which rotted for want of care, and were destroyed or thrown away. In the earlier years, both males and fenuucs, as well as young, were killed ; but even after the killing was directed chiefly to young males, the bad eflect of killing these in excessive numbers was well known. Thus Mr. Yanovsky, rpiK>rling [249J 2 2 t ■ ( »l' - y\"m i m \tim r li h 2l'4 on his inspection u( I lie r(X)kerit'S in 1820, it- luarks : — ■ •* .... tlmt every vvai'tlioyounf^lmclu'liirMcalK are KfviKud trunsla- killed, and that ..idv' the cowh. ' -ckateh,' and half «>»"•. Api-o"'''". * vol. 1 IK ^1. ' sekateli ' are loi't to |)rojiuj;ate tlie wpeeies ; it follows that only the old seals are lel't, while, if any of tbo haehelors remain alive in the autnnni, they arc mire to be killed the next spring. The eoiiMeqnenee i8, that the mindicr of seals obtained diniinishes every year, and it is eertain that the speeies will in time becoinu extinet. " This view is confirmed by experience." u Mr. Yanovsky tlicti recommends that not more than 50,000 seals in all should be taken annually from the PribylofT Islands ; but the reduction in numbers of the seals which had already taken place did not permit even this number being taken in succeeding years. In one important respect, however, the Bussian management is found to contrast very favourably with that under the United States, i.e., in the com- paratively sm.all number of seals actually killed. From the year 1817 accurate data on this subject are available, and for the whole period of the Eussiaii control a fairly exact estimate of the average annual killing may be made from various sources. After a careful examination of the data, the British Commissioners write :^ "Combining the whole period covered by the figures British Connni.s- above quoted, and adding the year in which the islands Nioners' Report, ■were discovered, wc find that the killing on the Priby- P*"'" lofT Islands averaged for this term of eighty-one years about 34,0(H) anniiallv." Number of seals killed diuiii,' Russian control coinpiirativilv moderate. H i I'or the years subsequent to 181G the actual Kenson of excessive luimbers are triven in tabular form, from whicli it „., ,._.^'^'"' " "*^""<"' •= ' Ibid., {NUUs. no- appcars that the .ivcrage numbers killed from 770. 1817 to 18^7 fall from over .")0,000 to less than 20,000. After the Litter year the numbers taken remained under an annual average of 20,000 until the year 1 850, when the average for ten years rose to 30,000. The high figure of 75,000 was quite exceptional, and was reached only in the last year (1867) of the Russian tenure, when, according to Captain Brj'ant, " knowing the islands were to be surrendered to t' e United Stales, the Eussiana Quoted by Allen in took all the seals they could." It was fortunate SrEican tliat at this time the Russian methods of handling Pinnipeds," p. »S'.». the skins did not enable them to take more. killing ill \h eolihiil. Ill il ( 'Ji'5 ri;ilt'(l Stiih-,' C'nsr, J). 131. liniiiioii (if Hii.-^«iiiii authorities on iiuinlKr properly killablo. Klliott's Cunsus Report, pp. 70, 110, U7. Ibid., p. 1 17. Uiiilt'il Stall's' t'nso, Appondix, vol, i, p. ^iH. Oiliur iiutliiiiitii'S ciu iiuinbcr killed during Hussiaii regime. Qiiotud Ijy Alien in '• M(iiioj»rnpli of Xoi'tli AmcvieiiM I'imiipod.s." p. li^O. " Aliiska iiiul it.s Kc-iouicw," p. liMl. .'iiUHKI iiiiniiiilly, ciiiinitlereil a siit'e iiia\iiniiiii luimlier. llritisli Cuiuuii.s Kiouers' Report, piira. 39. 'I'lu' killing 111' 7.'>,0U0 in the la,st yejir of llie Kussiaii tt'iiurt' is, however, so referred to in tlic I'liited States' Case as to appear to be a natural fonseiiuence of an increa-sin;; abumlaucu of seals, and is apparently intended to lead up to the killinj,' ni lUO.OOO authorized .soon after by the United States' in»verninent. An examination of diagram No. 5 in the Keport of tlie British Commissioners will, how- ever, show more distinctly than any mere refer- ence to figures, the actual character and amount of killing during the greater part of the Gussian regime. Veniaminov, the chief authority on the condition of the rribylofi" Islands during the earlier years, characterizes the killing of about 100,000 seals on the islands, -which occurred previous to 1799, as " horrible killing," and that of ')0,000 seals, occurring al)out 1S"20, as excessive and leading to diminution ; while the Board of Management of tlie Itussian C'ontp.uiy, following Mr. Yanovsky's lieport in ISJl, express the opinion that 40,000 might safely be taken on St. Paul and 10,000 on Si. George, in conjunction with a period of total rest every fifth year. Bryant, likewise, referring lo the later years of the liussian regime before 18()7, writes : — " For ni:my years they were iible ti) kill only a small iiuiuber, hut thu seals g-railiially iucreaMCtl, bo that they killed ;is ir.aiiy as 10,0(10 in one year.'' Mr. W. H. Dall, who visited the islands in 180(8, may also be quoted to the same efl'ect, as follow.'; : — " .Vt tirst the fur-seal were killed iu iuuiieiiHe nuuiherH by the liussians. At out! time ;>0(>,000 skins were destriiyed. iu order that the market might not be over- ^^tocko^^. It was only when their innuhers were very ;;reatly diuiiuislu'd that the number annually killed was limited, auil the oilier jireviou.sly mi'ntioued restrietions wire iuiposcd. 01' late years m)t luore than .jOOOO fur- seal were allowed to he killed annually. " It is evident bom tlie foregoing remarks that an annual killing for .^ikins of about .jttjOOO seals u|)on the IVibyloll" Islands was thought lo be, as •Ju! rcsi'U of experiences gained by the liussians, a safe niaxinuim killing at times when the rookeries upon these ish.nds were in excellent condition. As a matter of fact, it appe.ars that, tinder the liussian regime, for a period of eighty-one years, from the discovery of the islands lo 1866, the a\ erage annual killing reached about 34,000 only. t '- t I i^;.i.iii I-Im" I \ 2L't5 111 1867, llussiaii Amoiica, now kium'ii Ms Alaska, was ci'ded by Eussia to the rnileil Stales and the PribyloU' Islands as a part of the territory passed into llic control of tiu' United States, Though the Treaty of Cession was eoneluded as early as the .'{Oth ^larch, 18(>7, the Russian- American Company retained possession of the rribj'loff Islands throu;ihoul the sunniier or sealing season of that year. In the following year (18(18) a number of private adventurers, chiefly from the United States, took pi>ssession of tlio ishuids and proceeded to carry out an alto- gether unprecedented slaughter of seals, in tiie entire absence of QovornnuMit supervision, to the estimated nundjer of '-M0,()00 or .'ot^OOO on the Island of St. Taul, and ;?0,(100 or :!r),(t()0 (.n the Island of St. Oeorge. It in contended in tiie Case of tiie United Stales that the value of the fur-seals, and especially that of the I'ribylofl' Islands as the breeding- places of this animal, was well known to the United States at the time of the acquisition of Alaska, and constituted a chief object in connec- tion with the purchase of that territory. This assertion has been disproved bj' the facts quoted on a former page of this Counter-Case. Ilad such been the ease, it is impossible to believe that the United States would so have neglected the pro- tection of the breeding-islands. The lirst eflect of the " management ' of tiio I'ribyloff Islands by the United States must be conceded to have been most disastrous to seal life. The results of the extraordinary slaughter which then occurred are traced in the Report of the British Commissioners. Sixteen months after the dale of tiie Alaska Cession, an Act was pas.'*ed by the United States' Congress, which, Avith other provisions, rendered it unlawful to kill certain fur-bearing animals (including the fur-neal) in Alaska ; and in lS(i!) Government control of the lVil)yl(>ir Islands to a limited extent appears to have been attemi)tcd. Agents of the United States" Government were cer- tainly upon the islands, but the actual number of seals killed is not known, the estimates made by various oflicials ranging from about 42,000 to about 150,000. Mr. 11. W. Elliott in his Mono- graph give.'! the number killed as 87,000. (.'cHHioii of AlllRktl to Uiiitud Slal,,. ill 18117, " KiKirmuiiN ^lallKllll■l• iiMiltin - i,, 18118. " Itritisli ('(iniiiiin- sioiu-r.s' Knpoi'l, pnni. SOH. KIIuiII'n C'l'iimiH Itoport, |). l!S. " Moiio^iiiph of Nortli Anu'ricaii I'iiiiiipcils," pp. 3!t0, :!'.I8. I>iiir8 " AliiHku," p. -wr. Vuhle i>f I'lihvldH' Ishiiiclsiil liiM m,. kiiDWii in till' Uiiitiil Stiitit., United Stiilcs' I'liso, pp. 71-77. Sec p. n. JtritiNii Cimiuii.s- sioiirrs' Kopoii, IKiros. U, aw. I'artial liul iiictVeclivr conlril (,«l.il- h'tilicil hv the Uiiihil Slalis iii ISd'.i. NuinberufsialskillLaiii;- kiiowii. Iliul.. inira. Ml!', llultiil Sla(i'.s" Senate. K\. Koc. No. 32, list Coii}j., -ml Scss., pp. i.'4, 37. Unitod States' Coimus Beport, p. 25. ■5 ■ 227 \\mi !^><*\^^ "*"'''' 'f'"'"' '"" *'"' ^^ '** *^'"'* ipp-'Jif*"* that «Iuriiij,' the tliroo years yean. lK«7-6lt. ^^ ^^^ j,^^_^^^^^,^. 18(17, 1808, iiii.l 1869, over 400,000 seiiln were of Wiir liy (iciicriil killed, tiiul it is piubiiblt! that, iiichiding the AiiKUKt'-Jii, IH70. ' ''0,000 or ;>5,00() killed on St. fiocirge Island, with olhur imrucordcd killing's, the iictiial number was nearer '»00,000. No siipcrvisiou was exercised as lo the kind ol' seals killed, and lhouj,'h there is reason to believe tliat, in conseciuence ol" the previous training of the Aleuts under the Uussians, these were chiefly males, it is known that at least 10,000 females were ineluded, in the single year 1 808. Mr. II. W. Elliott writes, coneernini; the nian- aj,'emenl of the I'ribyloU' Islands previous to the eontrol of the Alaska Commercial Company ;— '• Ui'|iiiit nil cDii- " It WMH II (hHimlcily iiieilley of civil mid iiiilitnry ililioii cf .MVaii-s ill „„tl,„iitv. iiii.l, US iicnr iih 1 can Iciini. rcflcntH no Kpeeiiii Alll^k:l, M. -to. ,. ■ . . crciht on liny nf the dtKci-vs (.•(iiiccnifd on llie jmrt of thu (iiivennnunt." IlriliNli CKiniiiix- hiuiii'rs' lti'|ioi'l, jmni. b''8. 'ft'':''' I'll,, liropi Will i» It'iiae t\w Pnltylntt's l,i ;i i-iiiii|>iuiy I'liiidfiinicil. Mr. Wiwlibunii", Mr, Kiiwlor. " Ci)ii(»rossiiiniil (llol)l'," lUlliCoMR., ;li(| S.SS.. ,>. ;fu. " Congressional dlolio," I'lUt II, ■Will Cong., :ird Scss., p. 1 m. Son., hVbrunrv '_':>, Jh', F. N. Wicker. Honso Mis. Dnr. No. 11, 41at Cong., Und Sess., vol. i. In IS70, the United .States' Government decided to lease the rij,'hl of killini,' seals upon the I'ribyh)!!' Islands to the highest responsible bidder; an Act of Congress was passed for this purpose, and a lease was accurded to the Alaska Comineniial Company for a period of twenty j-ears. The wisdom of the step thus taken was very seriously (picslioned in the United States at the time. Mr. Washbnrne, in the House of llepresenta- tives, on the l.'Uh January, ISllit, in a debate on a Hill to provide territorial Government for Alaska, opposed section 7 on the plea that it would eirect a monopoly of the seal fisheries in the interests of a few. Several Companies, he stated, were endeavouring for a "mere song" to obtain the exclusive right of carrying on the.se fisheries. When in the month of February 18G9, the pro- posed lease to the Alaska Commercial Company was before Congress, Mr. Fowler resisted the Hill as the first of the kind ever proposed in Congress, and stigmatized it as a most bold-faced monopoly and an infamous proposition, without a solitary reason in its favour. Frank N. Wicker, United States' Special Treasury Agent (4th November, 1869), recom- mended the passage of a Bill authorising the Government to assume sole control of the seal fisheries of St. George and St, Paul Islands; to t M'^ ii 'I .Mr. l!nMi«, •:j8 remove all tradois cxcc))! ilic iimiIvi!*. wlio should Iw oniplovod to kill seal-* ai lair romiiiu'ratidn ; and to appoint inspectors at lilx'rnl salaries to ••am* out rostriotions iniposcil. Pall, in his work on Alaska. siiL'iU'sIs a inclhod I>ik i>i|| of ilealin.' with tlir iiiaiia-jfi'ment of llio islands in ""'I'- " M-'-U '""' ^ • llH lll'tilllll't"'. the event of a nionopnly lieiiiL,' eonsidered ineon y. li'T, sistenf with the spirit or tlie lUiied Slates' institutions. Seerelarv of th<' Treasury Hotitwell in 1870 rei»ort(>d that ilie NiiL'>_'''^'ion had heen ,, ,, , ,, n>ad*> to llie l>eparlinenl in \aricnis forms that ihe Ust (".mi>:, islands should he leased to a ('otii]>any. lie "' '" holieved tlie plan to be open lo very <,'ravo objec- tions, in that it created a nionopoly in an industry iniportant to the people of the United Stales. Such a monopoly, lie sl.aled. was opposed to the ideas of the j>coiile ; while, .as the expiration of the le.'ise approaehed llie iiidneenients to protect tlio inten'sts involved wo\ild diiiiinisli. lie could not concur in tlu' h'ase. lb- tlien sui_'L'e>;|ed a method «if (lovernmenl conlrol. rrofe>-M-)r Klliolt savs; — .Mr. Kllintt. •• It will 1h> iiiiiiinlun .1 tli;i( ,\l till' liiiK' tln' i|Urstis.il v.is iiiaile nn si'Veriil ^iinnnls bv two cliissiN — one ol" wliirli ai jjiuil jmMiii>l .1 • iiioiio|iiily,' the otiier nruinu' llint the (invivutiKnt ilsi'lf wonM realize mere liy tiikiiii: the wliuli' iiiaiiaj.;-i'tinnt of tlic l.n-inis~ into it^ own li:uiil>." He adiled, however, tliat as lie was al)>«Mit at the lime of flic disc\is>ion. and not knowinif the ar^'uments employed in it, lu' fcunil himself at the time of writinur. of ojiinion tha' tlie IcasitiL;' of llie isl.aiids lo the hiirhesi bidder wa-* the coneri mode of dealiuu' with tiiem. The lessees, in eonseijuence o( the late date at which they obtained their lease, did not enter into any full control of ilie rribylofl' Islands in ISTO. and the number of seals killed in this year i«i again not known with certainty. The natives were .allowed (as in the previous year") to kill seals not l , llavis, estimate that the n.atives thus killed S.'),0(tO uViiish Commis- seals. An oflicial return of se.als killed (^f which sioners" Hcjiori. 1 /-. n- 1 1 1 • i>!\ni. 810. tlie dovemmenl ollicers bad actual cogniz.ance Ji. R., Ex. Doc s,l. (made up in 1871) shows a killing of 2:1.77^. of t"'',''"'"*':.,,. , which less than 1^,000 skins in all were saved. «'.>n-. It.'poit, J., ro. No elliiii'lit ISTO, till- eiilltrnl 1'! tirst \.'in- t.'ililisliol nf Ir:,.,., •- *.., 229 iVtuwIiicli"'!""''' ''"'■" »f"i'l"'l 'I'" I III, 1,1 Sliil'H ill i'H(iilili(; till' iiiiiiil„.i-,.| mi'iiImIci )"■ killi'l liy III!' i\mi|" \|i)'i' ;i lull I'X.'iniiii.'iiiiiii III' till' il.'itii i'i>M|)o<'tiii); till- I'l.hiliiiuii III' ilii' I'lilivldll IwlaiKlN (liirini; tliii !'uHni(m icimrf, llic Itriliuli CoinnuNKifHiciH writ!' ! — MritiHli ('oiiiniiH- NiiiiirrN' lli'|Hirl, |inrii. •'•ii4. Tliisi' wi'i-i' lint coiiMidiM'iMl, lint a "i|ii{i> nf vimih tin' killiiiK ••! KMHMI li> .Ml.lHMl hi'hIh nn ,S|. |'i,ii| wmm nmri' tliiiii tliiH, llin |iiiiii'ipMl Mtial-liearitiK iNJuinI, nnilii Htiiinl, while tliiit |>iiii'tiHi'il iliirinn- tin' lud r viiih nf flii' KUHHillll (iilltrnl H"'lll('llv ll'll Hlinlt nC Ihi' li^llri' III whirll all rnlltililli'il illiri'ilMi' in liillnhiT nf mi'iiIh Wnllhl rciiHc," Wh<'i\ llii'rt'l'orn till' Ai.iHk.i ('oiiinu'riial Cnni- |);iiiy WiiM placed in ipossessiun of the i'riliylolF [••l.inds by the rnilcd .'^fjiles' tiDveriinicnl. any ('.xniniiiatidii of tho UiisHinn reeonlH wrndd liavn xliowii it. to be necc.MHary, bo taken in areordanee with Inriiici' expfjiinnci'. Itulcfd, tlie e.xtraordinary hl!in<,'hter which h.id charncterlHed li\o inception ol' the I'nited StateH* (•oi\lrol pointed very 8tron>,dy to the necessity of restrict iiif,' tho killinf,' (o a very low number for severjil yearn fullowinj.', and to a Hubsequcnt permission of a {iradual increase, if the conditions actually existiii},' from year to year should be found to warrant such increase. No such safe policy was pursued. The number of skins to be taken annually was, on the contrary, arbitrarily and without suflicient data, and, as it was admitted at the time, experimentally, li.xed at 100,000. Whi' ■'. is true that the Act of Congress res(!rved tlie rif^lit to the Secretary of the Treasury of reducing the mimber if found necessary, no reduction was in fact attempted during the con- tinuance of the lease of the Alaska Commercial Company, or till the year 1800, though information was not wanting in some sub.sequeiit years, as to the deleterious change which had begun and was progressing upon the rookeries. No such number of seals had been killed in any year under the Russian control since 1806. The character of the new and unprecedented draft which thus began upon seal life is very clearly shown by diagram No. 5 in the Eeport of the British Commissioners. Tt is further to be noted that the number fixed by law applied to marketable skins only, while the actual ^number of seals killed exceeded [249] 2 H I . i ,,J:;:; a ■ . 230 100,000 in every year, unve tliitc, of the AlnNkn Ooinmeroinl Coniimny's lense, nnd in some yearn very con^idernhiy exceeded this iniiuber. Tiun, diiriiij; tlio period of this lease, not len.t than 1 •_'!•, '>.10 seals (consistinp for tlie larper part of nnwcnni'tl yonnp) arc siiown by tlie ollicial lijjnres to have licen itillcd for food or other j)urposcs, of wliii li the skins were not n»arkctal)le. This alone, and witiioul coinitinjr oilier causes of loss (which will he SMl)se()npntly referred to) incident to I hi' nieiiiodi practised, amounts to a waste of over 7 liritirtli (N per cent, on liie wliole liunilier of skins secured. Tlie ed'ecf of ilu' excessive rate of kiliin;.' lluis iniiiated and allowed to confiu\ie on liie i-land* and llie c]iani,'es which it produced on the orj^'ani- zaljiiiiof iIm' lircedinii rookeries, all of ;i iinture delelerious lo seal life — and residtinp in the main iu almost conliiiuonH decrease in total number of Mal'i front the iir>i years of the I'nitcd States' coMii 1 — are ri'l'crrcd |o in some det:iil by llu' Ihiiish I'onnnissioher-. In tracin«r this ciHect •'^'''' 1","' ''•'••'" '7 leluauoe is chiefly placed tm the ollicial IJeports made .Lmci,' li,|M.ri, from time (o time to the I'nilcd Slates (ioverumenl, L"','r,:,'',""i';.'; "''"" bill I he evidence thus alTorded is fully confirmed by persoTial in(|iiirieM and information subse(|uentl\' ol)taiiic(l. While the cunlempnranoiius olliclid ''epoils n\i\ not in all respects so full ami explici* as coiihl be desired, it is sulmiitted that ih.y now form the best available e\Idenct', and are for all ]mrposes superior in aiillienlicity to the relrospcctive st;iie- nienls wliicli a|)pear lo be .■ilmost exclusivelv depended upon in the Case presented by the I'liitcd Slates' Government, in reirard to the questions here iit issue. (1 is not maintained on the part of Great Britain that the o])prations of pelat^in sealers have been without eU'ect on tlie total volume of seal life in the ^'oilh Tacitlc ; but, on the contrary, it is ailmiited that lliis has in late yeiirs, tlnmgh in ;i minor de^'ree, contributed to produce the f/eneral decrease in numbers which is pointed out ashavin<_f occuired, in the Joint Keport of the British and riiilcd Slates' romniissioners. It is, however, maiiilained ilial llic availnble evidence is amply snilicioiit to siiow that tliis decrcas(! began and had alrejuly aHained a ciiimi- lative cliaracter. long before the development of pelagic sealing had reached such proportions as to render it of importance in this connection. It is WiiHt,. ohown l.v ,,ili,.i„| tiij,,,,, , lie over 7 "■r fciii. Hiiiiiirs' lti<|iiiii, piiniM. HI, ."ill llnWlll.-cfr.'clsnrtll.'llnlirvlnilM,,., niiiv 111. iriiccil. 'I'iii.' I'xci'ssivi- kilJiiiM' 111, III, |y ,.,. llnnHilllc lilV lliM'l'l'.IM' nil ill- ;. IliMll.-*. Injury to Mcnl lifo (Ui lIu' islauiK^" 11 lu'caiiiciipparent. Iml tiio ••quula' renuiiiied tixeil. \,„i,.. iiiiliiiitiny: till' (1l'(wIoiu'o of ll„. Mill iiiiikirii'M niult'r Uiiiti't 231 fiii'llicr maiiiliiiiu-(l iliai. cvlmi hIIi'i ihc •.'I'lhi.il iloriv.'isc Ii;ul {,'11110 Ml t'.'ir tlml ii ruiilil iid Inii'/cr Ik- i;;ii(ii'('il iipnn tin- I'liliylofl' NImikN. iIu' iiumiIiit of si'iils |icriiiil It'll til 111' kilU'tl llu'ir liy I lie I'liilfil States' (loveriimeiit hiul pruetically lieciiini' ;' ,'/,;■■ eals \va> allowed to coiitiiiiif uiiclu'i'kc'd till tlu' year IH'.M, licriMriiiu' liaiticiilaily to tlu! liisUniral aspi'ds III' I his (j Ill's tit )ii (it llir iiiaiia;_'i'iiu'iil mi liu' I'liliyinU' Islands liy I In- United Mulrs, and willioiit ii'- [ii'a'iii;.' till! details or citaliuns of aiilliiiiilie> lo Ijo round ill llii' Ui'[)ort ol' tlie Itiili-ili (Joninii--- .sioiiurs, till' I'ollowiii}^ chronological ii t'.et on tlii^ f^iibjeet may iio j^iveii, in ovldoiuii' of ilic ronlimiod iK.'oadoiu'i' of Sisal lifi' iiiidiT ilir mitiii^i'iiii'iii of the United -Stales :— SI; l« lll'lli."!! ( 'iillllllin- '•icilUlM' l{l'|)lP|-|, killiii;;' iii;iiiily |. ijl'l'VilNi' Mil ill" l""!'.'. - liiiiiii'liali ly iil'irr llic cxccKMiNi' miil iiri'j;'iihii' sliiii.ii'lilir of iNils. *(m1.> air ii'|P(irt(i! Ill iiavi' ili.s- nil, irnl r,i|iic||y I'i'dhi (ho I'riliylnH' Isliiiids (I'mu- ilMl'l. v.il. \K\ili, [1. I'liiS). iiiid roiiiriili'iilly Nriils Wcl'c nl)Nt'rvi.-d ill iiiiiiNiial luniilnrs nii ihc cdiistN of Oli'^mi, \\ nsliiii;j;lipii I'diiliny. Mini liiiliHli t'lijiiiii- liia. — (liryaiil.) \X'-. — 'I'll'' llllllllll'l' n|' villlr mill,,-, II. il ii.niiilly ll|Mi|| till' iprii'iliii^-;;i'ipiiiiiis. was iplpsirviil to In' lU'ercas. ill};', wliijc tliat 111' I'l'iimlcH \va« iiirl'i'iiwiiig'. — (Bi'yaiit.) ls7a. — 'I'hu iiumlii'i' (pf virile niali's was ii'iliiceil tip Imlf what it hailhi'i'ii bcfori'. wjiiji' thr f'l'iiiaii'H ivi'ii' still i 111 I'l'M sill j;-. anil tlii' ni/.v dI the •• liai'iiiiK " was like- wisr iiirri'asiiii;- with iithi'i' M-ravi' I'liaii^i's in hiibits. — (Itr.vaiit.) 1«7-1. — Lii'iiti'iiaiit Mayiiaiil s|Pi'aks ilmilptliilly of the ill'ri't iii' killiiiii' till' larj;'i' K ;;al ijiiiita of seals, wliii'h he savf. is ■• lutiii'iy I'Xiniiauiital." llr iintrs till' siiimII iiiiiijii r i>\' Imlls in |pr(P|iip|'ti(pn to rows. lt*7,V — It was ill liii.s Vfur liist p.ttii'ially ii'|piii'it'(l ilu.t the killiiiji- of lOd.OOd yoiiiii;' niali's aiiiiiially iliil not leave a siilliiii'iit nuiiilprr tip iiiatiiit' in propur- tiou to the feiualis. Tlu' useless killing of pups was also protested iigaiiist.— (Bryant.) lS76 — The deei'eusi' in fully matured males lesultiug from the slaughter of young luales in 18(j8 and 1869 was ill this year greatist. It was again leported that Ihr iininhei' fixiil for killing was too high. — (Bryant.) [249] 2 fl 2 I 4. ; : i I'' . -I •2:\i •V It! 1871'. — In tlii.-* yi'iir it liicaiin' iiccoNSiin- to cxfciid llic area dI' " ilrivitif;' " to imlinlc riiulsi'iicN wliicli liail ntit lii'loro lu'on drawn uimiii, in order (o olitain tlio (Hiota of KkitiH. 18K0, — ('oloni'l .1. Murray daloH tlio beginning of it Hlcailv (lorrcaHo in niiniliorH iVoni tliis year. 1881. — 'I'lu' killing of pups lor food alono, waH again Htrougly proti'sU'd agaiuHt. — (Klliort.) 1882.— 'i'lu' rctiuiri'd n»nul)or of large Hkinx could no longer 1)1' otitainod in tin's year.— (Mcdnlyre.) Tlio name genllonum plaees tlio lieginning of dei.-reaNO in tiiis year. \ decreasr in the inunber or"killa- liles" on St. (ieorge rHlainl was noted, — (Ward- man.) ISSr).— No ineioa.se in seals lietweeii 1,SS2 or 1883 and this year. — (Monlton, (illddon.) |,S,Si)_,s7.— Tlie standard weight ofskins was lowered in these years in ordir to allipw tin' (Company to make up its (juota by killing smaller animids. 1888.— Melntyre states that tiie number of seals had decreased sinee 188-J, that the rookeries did not jiro- duee enough to bear the killing of " KMI.IHK) by marauders in addition to the lOO.tlOO killed law- fully." He again reeounneinls that the killing ot pups hIiouIiI be stopped, and notes that there were too few bull seals on the rookeries, lb; adds that tlio hI/.c of skins ruled still siuallor than in 18iS;(. The standanl weight was aetually lowered t'loin I) lbs. to IJ lbs., so as to enable all seals down to L'-year-olds to be taken. iyt<*). — The standard weight of skins was still further lowered, for the purpose of allowing tho number of 100,0(tO to be taken. Some 40,t)00 very small skins weio included, many being those of yearling seals. A scarcity of t'ull-gi'own virile iimles in proportion to females was evidenced by tho largo number of barren females in ISlKt.— (Elliott.) 18110. — Finding that it would be iin])ossiblo to secure the legal ipiota of male seals in this year, the Govern- inent .\gent ((iofF), for the first time in tin' history of the islands mider the United States, took the responsibility* of stopping the killing when only '20,i)'.'.'> skins had been secured. lie speaks of the "indiscriminate slaughter upon the islands, re- Itiitisli Case, gardless of the future life of tho brooding rooker- ^!'.1"'."''!"a;'''' ']"' " .... I iiileil Slates ies," and the " une([ual distribution of ages and No. '^ ( 1S'.»1 ), " sexes" as niiunig tho chief oaases of the decline. I'P' '•'> ''• In the same year Agent Murray states that after several meetings and full discussion the natives luiauimiuisly declared that the decrease was due to tho killing of too many male seals, lie afKrins ihi.l,, p. Hi, this belief also from his own e.xperieiieo. Agent Ibid., p. 21. Lavender registers his oimiion to the sumo elfect. Ibid., p. 48. Agent Nottleton coincides with Ooft's c dielusions. Ibid., p. t>7, Special Agent Elliott also particularly refers to the scarcity of virile males, and adds, " that result begun, it now seeiiis clear, to set iu from the btigiuuiug, twenty years ago, under the pveueut system.' U'iiniiiif;K .IS (o wiish'ful killing V, i('p;m(li'il. Stiiliilard ni/.i' (ilnUiiiH Icwcvi'il tii (•n,il)lu quota to be lillcd. >|ll'll(U.\, vol. II, llie oxcuHsivii killiii}; <,'lmngi'il the iiiitiinil coiulitioii (if the rookeries. 2U The iibovc notes, based as far as possible on observed facts only, serve to indicate llie general lendeiK^y of alliiirs connected with seal life on the islands under the management of the United States, and to bear out the conclusion that the number originally fixed for killing and retained as the legal quota till the year 1890 was turough- out too high, and had thus from the first been a leading cause of decrease of a cumulative nature. It will be observed, that none of the above- cited protests or warnings as to the excessive number of seals killed, or even those respecti' ,' the wasteful killing of suckling pups for food, appear to have received attention from the (Government, which, on the other hand, appear to have relied on such general statements of cou- linued increase and excellent state of the breeding rookeries as were freely supplied, often in the text of the same Reports from which the above extracts are made, to a date as late as 1888. It will further be obeerved that, when the diminution in the number of seals on or about tlie I'ribylofT Islands could no longer be denied, the complaints made by the agents and lessees were of lack of killable male seals ; that the lowering of the standard weight of skins was permitted from year to year in order to allow younger and yet younger classes of males to be killed; and thus, that instead of adopting measures to check the decrease, the Government through its agents actually facilitated the per- petuation and annual growtli of the evil com- plained of. The T.'ibles given in the Appendix lo this Counter-Case, including, as they do, practically the entire number of skins obtained from the I'ribyloir Islands since 1873, conclusively sub- staiitiale the remarks above made, and prove the gradual decadence in tlic condition of the I'ookeiies from that date, by showing tliat the average size of the skins obtained has been in the main steadily diminishing. In order to fully explain the nature anil cH'ects of the management of the Pribyloll' Islands under the United States' n^gime, some of the points above alluded to must, however, be considered in greater detail. It is, in the first place, quite apparent, that the natural conditions of seal life were, from the very beginning of commercial killing by ma.i, interfered Witii, and that the balance established by nature f'' ■2M ■J I I I "I '1 1^ liciiiL!' liiii.-i (li>lurljc(l. vai'iiuis coi\fiirrciit cliaii;i('> iiU'ectiiij,' si'.il lilt- iK-cL's>;ii'ily lollowcd. It is I'nriluii' M'lMi, IVoiii llio liisioricnl iu)li;s wldfli are iivailal)lo. thai siifh (listurbaiice bucoiues more and more .st-rioiis ami lar-rcachiiii,' in its ellects, ill conesin)iicleiu(' with the yi'arly iiKTea.siiijf extent of iuterferciurf wilii the natural ioii(litit)ns. If the killing of the fur-seals \vhilt> on land had Uiiiish t'ommis l)een so regulated that a jMoportionate nund)er of •'''|'^',|^^''.j.. ''I""'*' males and females were taken, leaving nnalleeted the natural ratio between the sexes, the wliole nmnber would doubtless have been reduced, but the favourable conditions of nature would not have been otherwise alleeled. Wlii'U, however, the killing was directed solely to one sex, the occurrence of very sxrave changes became inevil- able. The Hritish Commissioners write : — '• Siuli cliau^fs Mi'i' iinl jn\'\ cutid by till' ivstrietioii Itiiil., imni. ti.i. iif ]<■' iiiu' til in;di.'s. tor an oxecss in nuniln'i' nf niakn is apart ufllir natural iniulitiiins : and any clianyc in the propiirtinn I'i' niairs, (.von it' nut pushrd no far u« to ht'conu' in ilsilf a caii-r uf lUtnaM' in munberei bom. constitntr^ a tiUf raiis" nt' cliango in habits, and lutH u very .spfrial cllVct nw tiir tinii- and place nf landing' of thr tVniaiis \ii ixri ?-s in iinnil'ii- ufiiiali s with tile c a ).i()visi(iii for maintaining;' the stri.'n:;lli nf the raee as a wlioie liy means of nalnral seleetien. and in tlie ease the fur- seal it is nul piis^ilile to siib.slitute for such provision the artiheial selei-tiun of breeding nudes, iw is done with animals under tlie eeiitrul of man." The particuhir [wiiit last alluded to in the above extract is also very widl taken by Count Tommaso Salvadori, who, in his reply to a " Circnlar Letter," by i)r. I'. If. Merriam, else- where refe red to, writi's : — "]?ul, at the sani.' tiim', I tliink that tin yearly killiu);' of about loo.dUO yonn.n' males on tlie Pribilet Isliuiils ni\ist ha\ e sonii' inHu"nee (in the diniinutiuu nf the herds, isjH'cialhl ^'irvi'ii/iiiij tin' iiii.'cnll •/;■ .s,,,ii,i/ iicleclloii of l/ie xiroiiiii'r i/m/c". which wuul 1 folinu', if tli. young males were not killi'd in such a great numlier." Further, ll must be ijoriie in ndnd thai, though large numbers of seals not actually engaged in breeding resort to the breeding-islands, the true reason of the coming to laiul of the fur-seals for a certain portion of each yt'ar, is the necessity imposed on the females so to do for the purpose of giving birth to their joung. It is at this particular season thai most wild aniiuaL are by ('hang'CN aggravated by t tion of killing In ni: He RnIi], lies. rilis intei't'erei.1 with natural ihihi of selection of breeding iaak>. I'llitCI t'iise, vol. i, I Sliites' .Vp|ieMilix, p. l-W. \i,vilistillli:ili('L' (iiitlif isliilids liclc- ti'iimis ami niintitiuiil. 235 civilised iiooplos giiiiitcd a period of respit'j from disturbance ami slamrlifer, and though in this instance it has been exceptionally lield, as a theory, that the non-breeding young males can be secured and killed without disturbing the actually breeding seals, this is not in fact the case. Isolation and quiet are the ruling cause of the resort of ilie sciils to these particular islands. Tliis is sufliciently plain from an examination of tlio circiimstanros in tli(> North Pacific, ard it is unnecessary to go further afield in search of climatic or physical conditions of a peculiar lnlK uimii tile sioiiers Ki'|)riii, l)iou(liii}^' iHlands is in itsolf an isseiitiully ovitical and (lanii'erdUK ini'tlni in the seals took place primarily a-nong tho female portion of thehenl." t-l SlMMAIlY OF UlMIISIl RkI'I.T. Though several causes have contributed to tlic reduction in number ot fur-seaU on the I'ribylotf Islands, tho scar- city of virile males, due to tho contlnueil and excessivo killing of male seals there, is one of tho most im])or- taut of such causes; and, with other results ot mode of managenuMit, mainly accounts for the o'')servcd decrease. The contention, now for tlio tirst time advanced, that tho .scarcity ot seals on iho l'ribyU>lf Islands is clilefly iTi respect to females, and that there has l)een no v..Tnt of virile males, is contradicted by the published Hoporta of the officers of the United States on the islands. The retrospective statements of tlio few witnesses, quoted to support this now i)osition, arc in stveral casts directly negatived by previous otHcial Report-i of the sa'no gentlpinen. [249] 2 I 238 %'> i; H Ml'. II. W. Kllioti, ,vlii) Imil iiivoslijtiitiMl tli.^ fiicts of soil lift' on till- i.sliiuls in 1H72-74, wiis In 18i'(l font to ronow liis iiivo.siij,Mlions, in ])iii'siianou i>f ii spooiiil Aot of (^iiijjivss. Tlio Uopiift lu'ulo by liitii on liis ivtiim wn« not |)ul)lisli?(l l>y tlio I'nit.'d Sli\tos; liiit in |)iii- tions of tills Uoport imlillslioil liy lilinsolf, iiinl inotlior |iulillsliO(l ai'connts nf liis lni|iiii'ios, lio shon^'ly con- iloiiins llio imiiniijonionl of tho isliimls, laying slio.ss on tlic in.viillioiont imnilior of virllo nmlo souls tlioro. Captain Uryaiit, (lovorimioiit Agoiit on tlio I'riliyloff Islands from IStiO to 1S7", In Ki'ports ihiIiIIsIumI in IS7.">. 1H"('', ninl ISfiO, spoiniilly udvorts to ilio ilooroiisii i>f iinilos mill tlio iiiidno inoronsc <'.!' foinalis. and stalos tliat tint killint; of UHVHM) young mal.s Is tui groat. 'I'lio statonionts of sovonil otlioo A>{onts of tlio I'nitod Slatos' (tovcriiniont upon llio I'riliyloff Islands, rolorrlnj; to If.'il. I8S'J, and 188ti. lii'iii" out I lie oli>orvntioiis of CapliiiiT llryant ; mid .Mr. W. I'aliiior and Or. W. )i. Dall, Ixitli oOioials in tlio spivioo of tlio t'liilod StatoH, speak of a similiir lack of inalo soals in 18.10 and l8!ll. Tho Jlritisli ("onunisslunors llkowiso ooniment on the o.\oossivo niiinbor of fon.alos. as rominirod with inalos, upon tho l)roodlni» rookorlcs in 18'.il. Evidciioo oonliitnin>; tho soaroitjr ol" virllo ninhs is further nffordod by tlio laivo |iiopovtionof linrronor ulliulpl•o^'- iintod fouialoa found ainoiit; seals killod at spa. This is attostfd by many witnesses, and it is further shown that thissMiiptom of dooroaso of virile nialcR has been increasing In hito years. Tlio fiiets adduced are such n« to prove that the contention now hold in tho Case of tho L'nited States as to tho relative scaivity of foinahs is niifoundod. .■m f'4 In the Case of the United States it is thu.'» maintained that the manner of taking seals upon tlie rribvlolT Islands cannot bo improved upon, United States' and that — I 'ontcutidiis Iielil III tile I'liit..! States' (."use and on tlio ]i:ivt .1 (livat Dritiiiii. Case. ]i. lo'i. '•the killiiif; of a portion of tjie surpluK niiile lifi.' is ihld. p. I.'it. nndoulitcdly a lieiietit to the lurd. as it i« with otlier donicKtic [■•. jjnt also in respect to tlie l"ull<'iown adult niab's or but on thi actual breeding nxtkeries. It may I'nrlher be added that, throiiu'liout thi." ollicial I'eports on the islands, no reference has been found to a dis- proporlionatelx small nundjer of females in any year, riiiicil Stnics' In the (!ase nt)W presented l)y the I'niled States, ,1 . MiUliii'Ill ill Ulliliil Stilti'>' Ciis i!i,il f.riu'ril\- on inlands Iim-* ln'.' , r.ni;i|. IS WlldllN- nnvi I. I.lllli ikin'f i^ liti'il d Mlllp.irl n| tiiti'iiifiit. aiiit is in must I'tisc-s ,lb|iniv'•■! \. ■ \ (leartii uf l.nlls tiii' I Hicilllly- nil ik lit tl'.i'orv (if line IT twii tiiiiisii'Mt visitnrs. Imt it dulv 1 nut'dt'd a tlii if^h invi-sli^atiuM nf tlw r ik< rii's tl '•nnviiHi' till' nuist Mi']itieal tliiit tlievf wcic pli'iity of liulLs aiid to siiiive. and tlint hanllv a cow cuiilil lir mill on tile vookirii-s without a pii till It li' 111.. ('..l.iii. 1 Mun-iiv ill 1.S9:.'. No coniparali\e statement of an earlier date by the same gentleman is in this case known ; but it is submitted that evtracls to tlu' contrary cflect given below cannot be described as those of '•transient visitors." (!olonol J. Murray, Assistant Government Agent on iIk' islands in 1800 and 181)1, is quoted in the United Stales' Case as saving: — [■■k ll)iil.. p. ir."!. " 1 "aw nearly i-very cow with a pup by her Hide and hinidreds iif viiyorous bulls without a'ly rowH." . . [•:4:)] " 2 12 m 240 ll\ J hi 1 !] III his official Report for 1890, however, the Fame gentleman wrote : — "Tlio iiicctiiiR [of imtivcN i)f St. (ioorKo IhIuikI] wuh Uriiisli I'mc. ailjoiiriii'il from tiiiic ti) timo until tlicy Imd tliorf.Uf-lily Aiipi'iidiT. Mil. iii. iliKciitiBciI tlu> most iiiiiMiriiiiit (lUcKtioiiH rnisL-tl, anil nt j^ '" ("iuVin ^'^ 1') tlio lust uifctinfj, hold on tlii' 23ril May. tlii-y unftninionwly Unitcil StiiioV (U'claved that it was tiioir firm Ix'iicf an;-iitcrcd withont allowing- any to grow to maturity for UKt' on till' Iirei'diiig-grountl. I inado a nolo of tho wiggi'stion in tho journal tliat day, and I am now fully convinrod hy personal ohscrvation that it is only too true, and that tho natives were correct in every par- ticular. In l>*8i) the full qui^ta of l'),(XK) skins was ohtained iiere, hut 1 know now (what I did not under- tttand then) tliat in order to fill tho quota they lowered the .standard towards the close of the season and killed hundreds of yearling seals, and took a greater number of small skins than ever before." Tlie above may be referred to also in reply to the two statements of natives quoted in the J{"'""'' •'^'■'bT,. United .States' Case. Mr. C. J. Goir, Government Ajzent on the Priby- lofi" Islands, and to whom Mr. Murray's Report last cited is addressed, is quoted as testifying — •' that, altliou<^h tho lessees iiad much difficulty in pro- Ibitl.. )>. l":'. <;uring their quota in 188!(, a sufticient number of males were reserved for breeding purposes." Ill the aflidavit upon which this statement is based, the ibllowing passage is, however, found :- ''"1 1 Miiiiiiy ;., isiii live no doubt that I reported that the taking I'liitoil States' l{H» skins in lH8".)aftccted tho male hfe on tho LW A,,pemlix. vol. 11,. p. 112. •• I ha\ of 1(M),(I{H» I islands, and cut into the reserve of male seals necessary to preserve annually for breeding pur|)08es in the Inture, but this fact did not become evident until it was tixi late to repair the fault of that year." Mr. GoTs Report of 188'J, to which he here refers, though not published by tlie United States' Government, has been produced in reply to a Notice given in conformity with the Treaty of Arbitration. In this Report he writes : — •* The prosperity of tliose world-renowned rookeries Ibid., Ai)pciulix, is fast fading away under the present annual catch alloieed *°'* '' P' *'"'• liif law, and this indiscreet slaughter now being waged in these waters will only hasten the end of the fur-seals of the Pribyloff Islands." His Report of 1890 was protested against by the North American Commercial Company, and "New York lIcioKl, " Mav •_'. 18»L Niitivi's ill l>(',ii). Nativ.s ii, 1S;^>. -Mr. . .Mr. ( loll' ill ls>*',i. Mr. Gofl"iu 1890. 241 DritiMh Cnac, Appendix, vol. iii, " United States No. 2(lh'Jl)," pp. 10, 17. Uuiteil StntLM* Senate, 5Ut Cong., iJnd SeBS., Kx. Doc. 49, p. 0. he was renioveil from oflTice, .i.s he beliovetl, in consequence of this protest. In his Report for 1890, lie concurs generally in Mr. Elliott's views (quoted below), and writes as follows : — " It is evident tlint tho many preying evils upon seal life — tlio kiiliiii? of tlin seids in tho I'aeific Ocean along the Aleutian iHlands, und ns they conio through tho puHHCH to till! Ik'hring Sea, by the piratt's [mV] in thcso wnteiti, ttiitl till- iiKlincriiiiliKtle mlainjliler upon the, inland', regardless of the future life of the breeding rookeries, havo at ItiKt with their comliiued destructive power reduced these rookeries to their present impoverished condition, and to such an uno 'K'liii.t hull >fah ,n»m Www, tliJH .'MT':'"';*' ;'*;'• '''• looked NtriuiKO til him, iiikI he lie^iui to look u|) the eiiiiNe, S„, 2 (|H'.)|)," iinil it oeenrreil to liiiii timt, from the eoiiHtuiit iliiviiifj of P; -!• 1 1 1 .1 1 .II- .• II .1 > o 1 1 t'liiteil Stilton' yoliiifj mule HeiilNiuiil the killing; ot itll tile z-, .»-, 4-, anil Soimie, Slut Cmiir , .Vyenr-oi(ln, t/teii" inrt' 110 riomiij Imlln Iffl to ijo oh l/ie 2 id Sent , Kx, roukcriet, itiid without youiiy hlooil the tur-aeal iiidiiHtry "^'" • '*' will he Miimethin^ of the piwl in a very few yeiirH." It has already been noted that Mr. II. W. Kllioft, wliosc invostijjalions and writings on the fur-seal of tln! North raeitic are so well known, was sent to the rribyloir Islands in 18Ut) for the special pur- pose of aoain inquirino into the conditions of tlie seal interests there. This was done in pursuance of a special Act of Conoress appn)vcd the ."ith April, 185)0. Tlionoh the United States' (Soverinnent have, unfortnM.ately. not n\adc ind)li(! the Keport of these investioation.«, some portion of Mr. KUiott's Keport, which has been c(nnnninicatcd by the nuthor to the i)ress, is available. In the part of his l{eport so published, Mr. I'-lliolt writes .as follows, after pointing out the n\eaninjj of the ex- Jlr. A. W, l.ttv, i„|,,r, Mr. n. \V. r.llieirHimi.iiMWH,! iteliert. tension of in 1871): - drivini' " to the more distant rt)okeries " Hut wiieii in IHM-2 it liiciiun' al>Miili\tely iieccKHary to rtritiitli ('ll^e. 1 ,. .1 i .' .'I .1 1 !■ .1 i Apiu'iiilix. vel.iir draw Irom tliat tune on untn the euo ot tliu present .. .' ., , o. , seanon, heavily and reiuatedly, njion (Ilc liitlierto ini- Xi>, 1.' ( 1H!M)," tonehed souri'i'H of Nupply lor tiie rookeries, in order to IT- ''^'-'d. j;et the customary annual (juota — at that time that fact, that glarine; ehantje from the ]iroHperoUH and healthy precedent and reeord (d" IS70-H1. nhould have lieeu — it was am])lo waruiuf;; ot'danu'er aheuil ; it seems, howuver, to have lieen entirely i};iiore(i to have talh-n upon inattentive or ineapalile nii.i'JK-, ii.r not until the Hepiu't for 188!) from the Agent of th( '11 » eminent in eliiirgc. who wont nj) in the sjiriii;^ ol fiiat year for his lirst Heasoii of sirviee am! experieinH' — not until his Iteport eame down to the Treasury Popartment iaiK tlii're heen the Hiightest intiniation in the nninial declarations of the ofHeers of the tioveriiinent of the least diiiiinutioii or decreawe of seal life on tliiso islands since my work of 1874 was tiiiislied and given to the world." lie then proceeds to specify the nature and causes of the decrease, and writes : — "Had, however, a chock been as slowly and steadily apjdied to that 'driving' bh it progressed in 18711-82 upon those great reserves of Zapndnie, South-west Point, i'l'.i-tlirr stalemejit I Mr. (ioir. iial" ill ivliii'tiiiii in .•niiiilii'i' ol' iiialf'K. nirtlur statement iiv Mr. Elliott. 94A Mini l'n|ii\ Mill. Illl'll Ihf /•ri'miil fllllllllnil 17' I'.lllltllnlloil, • oiii/ili'l. i.rliiiiinliiin 1;/' l/n' mirjiliiii ntji/ilii an In his Nlatiiiu'iit, which canio NO Hiiilili'iily in \XW, that litth- nii>i'i> than half tho • HtahliNhcil annual <|iiiita nf lOD.OOO linUiiHi'hicko llmcliclnr McalN) siiilahh) fur liilliiij;- iniilil or wouhl ho senircil lure in \X'M\ ; for, ^nat as my cNtimati'il Kliriiika;:;!' mi tlu' lirrciliiij;--f;;riiiiiiils was, due to thn Work of Jioauhcrs, yit, that woulil not, conhl Mot, explain to my niiinl the iiinc-l'olil ^rcatir Hhrinkam' of that supply frmii tho hauliiif:;-groim(ls which nniHt tyist, or cIsl' CiO.OOl) yomif; iiiah'H iiii^ht he easily takoll, jml^iiig from my iintcs of sUch work in IHTli." Ai»aiii, lie writes : — " .\a matters staml to-day iipmi tin Seal IslainlH tlio nitiiatioii is very much the same as it was in 18114. Tlioii it was expected that ?(I,II(M) seals would he taken, liiit only 12,000 werose('ured' with all posHihle exertion." This year it was expected that IIO.OOO line skins would he taken, but only 21,000 have lieen secured with all poMiible exertion, nearly half of this catch l)eiii^ Ih. to (!J Ih. skins, rakiiif^ and senipinp; the rookery iiuirgins without a day's intermission from the openiiit^ (•) the elosiiif^ o( the season; of this work in 18110 I .i;ivc you in this Report the fullest detail of its pro- ^^refision, day to day, the merciful endiui;' of it, ordered HO happily by you." In conclusion, Mr. IClHotl's estimates of numbers are quoted, showinf^ ill 1872-74 some 14.'),OI)0 to I G0,000 aMc-bodied virile males or " bulls " over si.x years of age, with a proportion of barren or farrow cows too small to mention ; in 1890, 8,000 or 9,000 old males only — •• VKitti/ of them alisolntehi iiiii«iti-iit at tin' hnjtnninij of the ■'i:afon of 18',tO, tnost of Iheux hi'coniimj wlwUy so as the stason aihanced;" with about 250,000 female seals " not bearing or not served last year and this." Mr. Elliott is, however, even more precise and definite on the subject here in question in a [249] 2 K t " I, I i ,'■' -*■: M If - 246 communication to *' Forest and Stream." He writes : — "At the close of the breeding seusoii of 1890 on tli ■ ife„, Voik, May 7, PribylofF iHltinds, after the most cnrefiil anil extended IBOl. senrch, snrveying every superficial foot of each one of the fifteen different rookeries with cross bearings from a great number of measured base lines, and giving close attention to the relative number of ' bulls ' and 'cows,' I found on these islands only about S,700 old bulU, many of them of/ed, infirm, and actually impotent ; (540,000 females (nubiles, primipares, multipares, and barren), and wo young hulls around or near the breeding-grounds. " In short, since 188o, no young hull seal has been allowed to live and grow after it reached the age of 4 years, if it were possible to secure it ; they have all been regularly killed as tlioy grew up, and their skins sent to London. Therefore these breeding rookeries, during the last six years, have not been perniitted to receive the annual supply of frosh male life, which was then, as it is now, absolutely necessary for their perpetuation and support in good form and niunber. .... If, however, those young male seals that live to return next simimer are not driven — are not distin-bed by drivers on the islands — in four years' tiint; iVom date, quite a hirge ntmiber of them will liave matured so as to be able to take up stations on the nicikery-grouiids that are to-daj- vacant, and in the charge of aged and impotent bulls, which state of affairs, bad as it is, must get worse and worse, until these young sires arrive on the field The normal ratio of males to females on the breeding-grounds of the Prihylojf Inlands in 1872-74 was an average of 1 male to 15 or 20 females. In 1800 this ratio (despite the deadly work of tho open water sealers among the females) was an average of 1 old miihi to ecery ()0 or SO females (I saw mail}- single liaronis in which I counted over 100 cows.) In 18'.I4 tho first relief th.it can possibly come to them will <'(ina', provided that handful of yotnig 2-year-ol(l males left alive on the islands last sunnner is undisturbed by man there next summer and thereafter, and in IXO.'i the ycmlingN that wore spared last sunnner, such of them as shall return, will have then matured and take their places on the breeding grounds Hut one very important fact should bo kept in mind ; that fact is, that wiien killing up there is again renewed for tax and shipment, no culling of the driven herds nnist hv aluiwud; all the seals driven murt be taken; I'cir unless this , and the iiHik<'ries soon he again deprived of tliat r<'gMlar siiii[ily of I'lvsh male lilood, w'nth is absolutely necrssarv lor ijnir maintenance in their full form and nmnbei'." The evidence given on this subject by Captain Charles liryant, is not here specially referred to in the Uniteil States' Case, but apjiears in the Appenilix to tiiat Case. In his aditlavit of April < ';i|it,iiii Ihy.iiit's .videiiei'. (|n(ili'il ill I'tiitril States' Casi'. United States' Cnso, Appendix. v<'l- ii. p ( I'rovioiisolliciiil H<|iuitti !■>• tin- sinn- H. !{., Kx. Doi. No. 8;!, 44tli Tong., 1st Sr>- jip. 1T")17.''. 847 1892, after stating his experience on the Pribyloff Islands, which extended from 1869 to 1877, he says : — "The whole time 1 was there there was an ample supply of fiiU-griwii vigorous males suftieient for HiTviiig nil the female;' on the islanils, and cs-ery year a hiurpliiK of vigoi'nus bulls eoulil always be found upon the rookeries awaiting an opportunity to usurp tho place of Konio (Id or woinided bull, uualile longer to maintain his place upon the breeding-grounds. I should except from this general statemoTit the seasons of 1873 and to 1875, when tho destruction of young males in 18()8, and the error made by tho Company under their misapprehension as to the rharacter of the skins to be taken for market, pereeptihly affected tho males on ll'f> brooding-grounds. It is not certain that the fertilizing of the females was thereby affected, and this gap was filled up, and from this time on there was at all times not only a sufficiency but a sm-plus of male life for breeding purposes."' As Captain Bryant's notes on the condition of the breeding-islands contained in his lleports, fur- nished to Professor Allen and published in that writer's monograph, afford some of the most trust- worthy information respecting the earlier period of the United States' management, it is necessary to point out that Captain Bryant's recollection of these events, as embodied in the above-mentioned affidavit, is not entirely accurate. In his official Eeport for 1875, addressed to the Secretary of the Treasury, Captain Bryant writes as follows : — " At time of writing my detailed IJeport on the habits of these ouin;als, dated tho 30th November, 1861*, it was stated vo be 100,000. This number was based on the best information obtainable at that tiino from tho natives of the island and the few employes of tho former Russian Fur Company remaining in the territory. Since then a residence of seven successive seasons on the island, in charge of those animals, has furnished me with the desired opportunity for ditcrmining this sin-jilus product by actual study of their habits and requirements, and tho result is, the kiUimj of 100,000 ^lo annum does vol leave a itujjxnent niniiher of males to mature for the wants of the inerease in the wmber of females. And, as it is desiralile to state somt of tho methods by which these conclusions have l)eon r.>ached by me, a brief statement of the habits of these a.iimals ai.d the effect of the killing of 100,000 per year for the past five years scorns necessary. * * « « " These hauling-grounds are swept and driven two (u three times a week during the miinlha of .luno and July, and the priiiio seals cullinl out for killing, and every seal growing up has to run this gauntlet for his life his second, third, and fourth year before he escapes [249] ' 2 K 2 n\m'\ r ! I ;^l Ir m KM* , Ml 248 to grow up as a ln-ocdiiig bull. TIius it will be scou the Method of killing does lu t admit of the setting apart of a special iininber and taking the remainder for the nuota for market, and the only possible way to preserve the reqiiisite number for breeding purposes is to restrict the nimber to be killed so far within the product as to ensure enough escaping for this object. "When the lease was put in practical operation in 1871, there was a very large excess of breeding malcH on hand : since then this surplus has been diminished by the dying out of the old seals faster than there has been yt)unger seals allowed to escape and grow up to fill their places, luitil tfie ireKent stock is insujicieiit to meet the necessities of the increasing number of hreediwj females, • • • • " One other cause should be stated that has directly contributed to diminishing the jiresent stock of breed- ing males. During the season of ISGiS, before the enactment of the prohibitory law, the several paiticK sealing there took 240,fl(*0 seals monthly [sic mostly X] of the products of the years 18Gl) and 1867. These would have matured and been added to the present stock of breeding males in the years 1872 and 1873, and to this a part of the prospective deficiency is to bo attributed. • • • • "Constant and careful attention has been given to the condition and changes in the different classes of seals, and the data kept fur comparison from year to year, and the result, as sunnuod up the present year in comparison with 1870, shows the present stock of breeding females has steadily increased in a ratio of 5 or 6 per cent, per annum added to the original stock, while the stock of breeding bulls has decreased, by loss from age and other causes, so much faster than there has been young seals groicn up to replace them, that its present con- dition is only equal to the present demand, and the stock of half-bulls, or those , mature in the next tteo yean, is not tujieient to meet the wants of the increase in the females. Under these circumstances, I feel it my duty to re- commend that for the next two yeara the number of seals to be taken for their skins be limited to 85,000 per annum, to be apportioned between the two islands as follows: for Sc. Paul's Island 70,000, and for St. George Island 15,000." It will be observed from the above that, in his contenipuraneous l{ei)ort, Captain Bryant attributes the deficiency of males ^jrjmflriVy to the high rate of killing, tliough he also mentions the rxcessive slaughter of 1868, as a secondary cause. In his evidence given l)efore a Committee of Congress in the following year (187G), Captain ]3r}'ant to'stifies to substantially the same effect : — " Q. Your opinion, then, is that the number of lOO.OfH) ]I.K, i-ttJiOong. on the two islands, authorized by law, can bo ieguUt !/ ^-^ Sesa., Piopnrt * -No. rm. ■"». la UT': In 1880, "Monograpli of North Amcricnn Pinnipeds," p. 390. ilr. W. B. Taylor, 1881. H. R., 60th Cong., 2nd SesB., Report, 3883, p. 69. Dr.ail. Mclutyrc, 1882. Unit«d Stoles' Cane, Appendix, Tol. ii, p. 52. 2-40 tiiktii witliout diiuiiiishiiig tlii' vvo\) or nuiiibcr of Hcals coining to the isLiiul? — ,1. I dim't fuel qi;ito Kurc of that, as will bu sot'u in my di'tailctl Ui^purt to the Socretary of tho Trcamu y, inuludud in the uvidcaco which has boon hiid before thu Coinniittoe. There were iiidiciitiuns of diniinution in tho mnnbor of male Bealu. " I gave that and another reason, which I e.xplaiucd at large in tluit lU\/ort. In tho seaHoii of 18G8, before tho prohibitory law was passed or enforced, numeroiia parties sealed on tho ishuids at will, and took about 240,000 or 250,000 seals. They killed mostly all the product of 18GG-G7." In liis statement drawn up for I'rofessor Allen, again, Captain Bryant write.s : — " The decrease in the number of breediiig males may be considered as having reached its miuimuni [«ic] ill 1870. In 1877, the last season I spent at the islands, there was an evident increase in the number of this class." Mr. W. 13. Taylor was Assistant Treasury Agent on the Pribyloff Islands in 1881. Before the Congressional Committee in 1889, from Ms experience gained during that time, he testified as follows : — " I believe that the capacity of the bull seal is limited, the same as any other animal, and I have very frequently counted from tl' Irfcy to thirty-five, and even, at one time, forty-two COW' to one bull. 1 think if there were more hulls there would he less cows to one bull, and in that way the increase would he >jrealer than now." Dr. H. II. Mclntyre also writes : — " I was, therefore, always alert to see that the due proportio!i of breeding males of serviceable age was allowed to return to tho rookeries. This was a com- paratively easy task prior to 1882. hut became from year to year more difficult as the seals decre led." Ml. T.J. Ryan. 188(i H. R., 60th Cong., Snd Sc88, Mr. T. J. Ryan, Assistant Treasury Agent in thj islands in 1886 .and 1886, includes the following remarks in his Eeport for 1886 : — " Ab the Report wi.l bhow, we killed but few bulls, Bkiport'3883, p. 217. ****'"Sl' the Company was authorized to knock down all old troublesome fellows coming in their way to tho number of thirty, 'he skins of whicli were wanted by tho natives for door mats. The surplus of old bulls expected to be found did not make their appearance in the drives or on tho rookeries this season ; and, I think now, uor last season either." Mr. W. Palmer, 1890. On this subject Mr. W. Palmer, of the United States' National Museum, may also be quoted. |;;.:i(-i:|r^ li ■ ? |i^' V-- 1 Pli m If" 260 As the result of his observations in 1890, he writes : — " It will be Been also that by this driving process the British Comrais- 2- or 3-year-oldB, which are the only ones killed for p""!™ "^^ ' tlieir skins, are culled out almost completely from the " Forest and oenls which visit these islands, and therefore that very 29'"^"8™'i" O"*"^'''' few male seals ever reach a groater age ; consequently, there are not enough young bulls groiring up to supply even the ijearly loss on the rooke-^es, much less to provide for any increase." In an editorial article published in the same number of " Forest and Stream " as that in wliich Mr. W. Palmer's paper on the " Fate of the Fur- seal" is reported, it is stated that such well- known naturalists as Drs. Dall, Gill, and Bean participated in the discussion of the paper before t:.. Tiiological Society at Washington. In this an ; DalJ is cited as follows : — " Dr. 1 ' attributes the present decline of the fur- seals chiefly to the excessive killing of young males ; there is not now a sufficient nximber of males in the breed- ing grounds to maintain the species. Ho admits that the method of driving referred to by Mr. Palmer is also very destructive. The excessive destruction of males began in 1872, and has continued to the present time.'' 1>1-. W. ]•. ball. IMI]. In a letter written by Br. Dall and published IWd., November r>, 1891. in a succeeding number of the same journal, he states tliat his remarks on Mr. Palmer's paper were not correctly reported. lie writes : — "Wli.t I did say was to intimate that after the killing in the open sou (the most important factor in the dim- inution), the second factor was the killing of too many young muh's rather than the injuries caused by driving ; the latter being a view much insisted on by Mr. Puhnor." Accepting Dr. Dall's correction, it is to be remarked at least that he recognizes three factors tending to diminution of the species, of which two are connected with tlie practices on the PribylofT Islands. Even so long ago as 1827, Lutkt5, who visited the PribylolT Islands in that year, clearly pointed out the inherent danger to the continued supply of virile male seals which must result from the methods followed. He writes : — iil<. "La preiantinu do separer les gnm males d'avec ceux " Voytige Autoiir dii . , . L -L L • i. ' • i i. • 1 Moudo," tome i. qui (loivfiit I'tro tues, est nceessiure pcmr entrctenn' la oci nniltiplicutioii : mais cotto precaution est-ellc suffisnntc ■ Imi-fintt " i>t' inalcH to size . they surpasH the propoi'tiouH above nicutioued from fo»ii' to eigiit timew, it is reaNonablo to eonehulo that in tluK change the effect of an excessive slaughter of young males is rendered ap[iarent. Oiu' own aud all other local observations on the rookeries during the last few years prove it is no uneoinnion event to find a single male seal with a harem numbering from forty to fifty, and even as many as sixty to eighty females." Ill f ii 'n' i' 1 ) ! .^1.11 :^;,: Appendix, vol. p. UO. Ih'iti.sli Commis- sioners' Itopovt, piriis. 13I.-43C. !:■. II. W Kllioii .111 ii:invii t'rnialoia. 11)1.1. l-i.'t. I'iiros, |.:tl i;vi.iv prlM-ir .M •11 I'l'lUllll' mIlI's .is III The excessive number of females in proportion to males is also remarked by Mr. Macoun, in his Eeport for 1892. lie also shows that the few unattached old bulls found about the rookeries are not all virile. Other changes resulting from the same cause and affecting the habits and mode of life of the seals, evidenced in irregularity and overlapping of dates of landing, birth, &c., have also been observed, and it is obvious that under the circum- stances the breeding-islands tend to become ^^m attractive to the females, which cdnsequently resort less punctually and for sliorter times to them. Further evidence of the paucity of males can be found in the increased mnnber of barren females. Mr. Elliott lias already been quoted on this subject. The same fact is referred to by the Ih-iti.sh Commissioners, and is stated to have been particularly noticed by pelagic sealers. Many of the sealers whose evidence has been obtahied in 18i)-2 refer directly to the taking of large numbers of barren females, The following notes on this subject are based upon the state- ments of sealers contained in the Appendix : — ''*■■ ■ ! ■ ' i F' t [■■ :i!i'< lif^i mm ^ iil Ciijiliilii J. 1> Wdireii. — Not Imlf the fuiimk'S takfii on Hrlti.sli Comniis- tho (M.;.8t arc ,vitl. voung. "'""""rii'';'!'".^' Ciiptain W. 0' f.eari/. — Perliajis two-tliii'tU tho cows ave witli vouhk. Ciiptain H'. Petit. — 51r(' frnialcM. Alost, ol'tlii'si' wi'i'O young fcnialoM ami l>aiTon roWM."' /■/. Riimlosi; — Han, Itotli aloiifi; tlie I'oaKt and in Ht'Iiriii};' Si'.t. soi'ii liavi'iMi <'i>\vs — n'ood t'nll-ji'rinvn coww, /. o'Qiiinii. — 'I'wo yrai's' i'X[i(>n(>ncc im n linntov, savf : " In liotli yoars I liavi> liocn Rcnlinj!; I have got a good many lianvn fonialos, prini'ipaliy on tln^ coast. At. loaHt oiio-quartor of all tlic t'cnialc-i I got wci'i' liavvcn." />. Liimi, — Says that lio has killod barren I'ows, and that tiii>y Avcrc ]irinoi)>ally old seals. t'djiliiiu /I. /iV^)y>CM. — .NiiM' yoaix' fxpcricncc, Ktiltes that (jnili' a nunilier of ))avn'n t'oniah's arc killi'd on tho coast. ir, /iMii. — Five vein's' oxpcrioniw as bont-Btooror and one as Innitor. 'I'ook, in 18!'2, 1(W seals, of which 2.') ov ;10 were barren cows, and says: "Tho hnntei-s I was with in former years got about that number of liarren rows. Tliey generally travel with young bulls." Ciiptaiii If. B. .Toms. — Five years' expeneuoe — threo as master— says: " 'J'his year I noticed a good manj' barren females. l^Fy hunters often called my attention to this this year, and we would examine tho seal and findtiiat it was a cow, 1)ut that there was no young one in her. I never noticed this before to sueh an extent as this year." I'uptnin /■'. CinitiUiiin. — Foiu" years' experience. Has found a good many barren cows among the seals lie has taken. //. R. Smith, twelve yc^ars" experience in North Pacific, says that early in tho season about half the seals taken on the Vancouver coast are females, and of these only about half arc in pup. A. liiUanl says about one-half of coast catch nvo females and of these about one-fourth are in pup. C in pup. .V. Moirlson took, in 1H91, 110, of which about jiall were females ; not over .^0 of these were in pup. In 1802, of 202 seals taken, about (55 were females, about half in pup, and half barren and young females. .7. D. Warren says that about half the females taken on the coast were young seals and barren cows. [249] ' • • 2 L ' * f - t ■1 ^V\ m In \ \\ 2M ,' r. 0. Ihmis says tlioro wns n iiiiinlier of linvren cowh in tlu' boat lio waR in in 1H91, and that in 1802 n good many Imrreii cows wcro got. ir. 0. JIufiheii dtutoH tlint aJ)ont lialftliofonialeB taken liy liini ill ISOl and 1M02 wcvo in pup, and tliat but ono- tln'i'd (it tlioHii taki'n by liini in Hcliriiig Son \\\ 1X01 fliowod mgnw of milk, /. /Iivini, six yoniV oxporinnro, got liarron rowH on ♦lit> f'onst ovory year, but says that in Bflu'ing Sou lip couhl not tt'll whothev tho rows wero barvi'u ov not; very t'i'W weiT got with milk in their bvi'astH, J, SItemaii saj-nthat in 1890 most, of tlio fiannles taken by tile vcKHel lie was ill were young females and barren rows; ill 18!ll, about half the females taken were barren eows or young females; in 1802. about threo-Hfths of tho eateh were males: '• nearly all of the roHt wore barren eows. Only a few eows with pup were got The ' Geneva' was four or five days about 80 miles oft'shoro from Mount St. Elins in June. The Imnters got aliout :iOO seals there, and most oftliomwere barren eows. This fact was particularly noticed when tho sealsweni brought f>n board and skinned, Xiither myself nor any jierson on the ' (reneva ' had ever seen so many barren eows before." ir. Hermann states that he fic<]ncntly takes eowswith- out pups or milk. fi, Scott each year takes "quite a nnmbor of bairen eows," (t. ]Venler estimates the number of bairen cows taken by liim at front 20 to i,") per cent, of the number oi' females. Cajytain C. Lutjevf says : '' About fine-fifth of the cows taken are ban'on." ^. Hartifoen says that he has killed "a great many large eows that had no milk, and are not carrying pup." M. Scott says : " On the coast this year [1892] we got very few cows carrying puy>. I know this, because we were trying to get a number of unborn pups, and found it difficult to get what we wanted. Of the total take of cows along tho coast — about SOO — not more than 100 were pregnant, the othei"H being too young to breed, or barren cows." lie has also taken barren cows in Hehring Sea. <^aptaiii J. S. ll'())7/t lias "taken some barren cows that had neither pup nor milk.'" M. Keeff states that his vessel took, in 1802, 180 seals on the coast, of which very few were cows, and none in pup. This Avas remarked at the time by the Imnters and crew as something unusual. His experience hos been that not more than 20 females in 100 taken arc in pup. J, Cohurn says that none of the females he got on the coast in 1892 were females in pup ; " they were either youig C0W8 or barren cows." In previous years about one-half were young and barren cows, 25.') J. Fiijueni HtiitcH tliiit \w liiiH IukI ii gimd laiiiiy buiTuii t(JW8 lUUOIl^t those 111.' llHS Hllllt. t'aj)tain (.'. K. Mockler Ht:itL'H tint iibiiiit two-tliii'dn of tlio iuimiloH tiikLii by Iiiiit uw tlio couBt arc i)ivyiiaiit. J,ve J, 'J'hUrn Buys ; '■ I Imvo tVei|UoHtly got a imiiibi'l' (if t'owH that havo li.ul iiiithiT luipH itui' millv, ami get iiioru (if that klixl on tliJM cuuHt than the ■lapait coaHt. Thcru has bfcu bo much talk about weal life that 1 took l)articuhxr uotit-o of these factn last year." r ium iiift blBr Kifit • ills » 5 S 5 S ess '« CO Ui s s o 4 c J 5 ; o s S 2 ^ > > ' ^ Q Q & Q ^ % < .'.) t ' lutiiiicL Miivn: " 1 iliil imt j;it iiiiy i>lil fi>"> llii» }< ni" timt dill lint liuvo jiiipM ill tliuiii, luit liiive m«lii jiliiitv." llln'iiehcKiiiit iiiiN lalii'ii ii low did fowN witlioiit ihiipm in lilL'lll, Aletu [\w\ Ali-ituh-iiooL iiavc ut'tuii iiilKil oM wliito- uhiNkt'i'i'd coWH tliut iiiivu iiu [iiiiih in tliciUi <4iti-an-(ih HiiyH tiittt liu '^fU old cuwh not fanjiiig I'i'l'- Enoclo gets " (|iiitn a few old i^owh uot iiinyiiig piii)". Hiid not luiviiig iiiilii." Kiovi'ii ntlior ludiaiiH wlio wcro pi't'Nt'ut wliuii KiKicto waH I'xniiiiiiud testily to tlio truth 1)'" liiH Htiitciiieiit, Hiijh-tit'llvk-ghefl HoiuL'fiiiii'H takuM old (.ipwm tliat are nut carrying \m\M and arc not in milk. t'liiiilie Quiatj wiyH tliat Nome of tlio large eoWH Imvo no }inpH in them. •See-ah'tinn and H'ech-tiu eorroborato what tiniHto aiyn. StinU; Chiivlle, Gun, DouijhtK, Joe, Toijloi', and 'lommw all took barren females in IS'Ji, hut kejtt no eouiit of their uuinber. i. Sk Ills I'l feiiiaK'H iiii'i'i ahiii^ rriliylolV r.ileli. lu A|i|it'iHli.\, vul. ii, |il>. •Jt.j -I'M. ll>i.l.. M(J. Tiililu ^lll)\^•ill;^• sizes of whole I'riliy- Iciir ciileh lor t Weill \' years, ll)i(l., |., Mi"«s luiiily ei ml iiiiioiis diminution ill size of skins taken. No Itisn tluiii eiglit ul' the London fur luerchautH, ill statumeuts made by tlieni, explain that, while rorni rly the consignments from the Pribyloff Islands were exclusively composed of mule skins, for the past six years ii marked and increasing nuniber of female skins has become noticeable, the presence of which they attribute to the fact that the lessees have been experiencing a difliculty in obtaining their quota of males, and have been compelled to resort to the female seals to make up their full number. Such skins were first noted by Mr. IJice as early as 1878, and in later years have continually increased. In this connection, particular attention is drawn to the Analytical Tabic, preiiared by Messrs V. \l. I'olaiid and Son, of all catalogues relating to the sale of skins from the PribylofT Islands from the year 187J5 to ls!)2, from which it appears that, from 1877 to 1800, the proportion of small skins in each year's consignments liad been rapidly increasing each year, the proportion in 1873 being 3!)-74, and in 1889 as much as 71)'.VJ, showing conclusively that the Company were compelled by the dearth of male killable seals to resort exclu- sively to younger and smaller seals not formerly regarded as killable. (See Diagram.) The facts disclosed by this Table and the diagram based thereon are of considerable importance, inasmuch as it aflbrds a complete record of the nature of the killing in progress on the Pribyloff it * ,»l I .«!•! 258 l'.. m; Islands. The Table practically includes all the skins taken on tlie islands during the past twenty years, and each skin has been separately measured in order to be classified for the purpose of the trade sales. The Table shows an ahnost continuous decrease in the size of iho skins taken since the year 1873. The temporary improvement in size noticed in 187G ai.d 1877 is evidently directly comiected with the smaller number of skins taken in these two years, which enabled larger sizes on the average to be procured. The distinct evidence of reco\ery afforded by the increased average in size in 1885 remains uue.xplained, bu^ it is impor- tant to note that it actually corresponds with the year in which it is now claimed in tha Case of the United States, that the first marke'l decrease in seals occurred. '^' i deterioration in size culmi- nated in 1881). In 1890, when the Government Agent stopped further killing when only 20,995 ! States' rcATEXTioxs. United States' Case, p. 147 — 'A lieril of seala is as cnpable of being driven, separatrd and counted as a herd of cattle on tlie plains." tTnited States' Case, p. 15'2— ' The most strinpent rules have been and are enforced by the Government to prevent any disturbance of tho breedinf( seals." United States' Ca.se, ]>. 15.1— 'I do not see how it is possililc to conduct the scalii t; process with greater care or jnilcrment." United .State.s' Case, p. 1.18 — 'In fact it may be questioned wliefhei- any seals are ever killed on a driv", except ngw and then one by smothering." United States' Case. p. l.'iS — 'The effects of over-driving and rc-driviiig .... up;n the seali which from age or condition are unfit for killing, is of littlo or r ) importr.nce in relation to seal life on tho islands Certa'niy, no male seal thus driven was ever seriously injnred or his virility affected b^ fiuch re.driving." SiMM.Miv OK I'ljirisri UKi'ir. The methods actually practis'^d in taking seals upon the I'ribyloff Islands are rightly included under the heail of managemi nr, and of these one of the most injurious to seal life is the practice of " driving." The pi-ocess of "driving," as ])ractised on tho Pribyloff Islands is not only in itself cruel, but is excessively destructive. Seals often die while being driven, bntii more serious loss is brought al)out by thoenfeebli'nu'iit of tho productive powers of seals so driven. Kvcn in 181'J, remarks bearing out these statements may be found in tho Russian Uecords ; and Messrs. Klliott'anil Mayimrd, in 1872-74, also allude to similar facts. In 18y tlio procossof niiviiif^ niiiii'i' llin C'ii'ciiiiistiiiKM s at tho time of tliui rill vest igalioiis fin iH'.tl) ai't.in: My exist iiigouUio i.slniids, wlicii f,'i'('at clistnrliaiu'C wan caiisicl on tlio bi'uediii}^ lookt'iii's, and (iiiisidci'ablu iiiiinliors of liri'udinj^ fnninlcs wiir fjatlit veil ii|i with tin; young males in the eiid(>av(]iir to ciillri'l drives. 'I'lio Uiiitod Slates' Cnniiris ioners praetieally adin t llie cxiiituncu of llio came o ils. Tlie actual motliod of takiiiir ^oals upon tho I'ribyloir Islands is a siilijc'ct which also rightly falls under the liead of the managcniont of tliese breeding lesorts of the .seal. If liie skins of seal-s arc to be obtained for (lie use of nitin, the animals must be killed, and tlio precise method of the kdling is a matter of eontjiaratively small importance. There is. liowever, one special feature incident to the modr of taking seals upon the i.slaiids which, from the loss oc(!a«ioned by it, has had a direct ed'ect on I he whole number of seals, and has operated parlicnlarly in tlie direc- tion of reducing the already loo small nundjer of virile male seals, and in affgravating 11 aterially the result of a too iiigh rate of killing. This is the practice known as " driving." Surrounded on the " hauling-gronnds " — which so long as the normal conditions prevail, and before the reduc- tion in nunrbers became serious, were at least theoretically separate from the actual breeding rookeries— the seals are driven overland to the killing plares. A certain proportion is then select(!cl fur Icilling ; and the reni.'iinder, consist- itg of males too young or too old for profitable killing, or of females accidentally Lr.iliered up from the niirgins of the breciliiig rookeriew proper, is allowed lo escape md to return !o the water. In explanation of tlic gdu-ial i -^uh^ of the practice of driving animals fui c .insider, ible distances overland, whi' h. by their organization, are fitted for free and < .i>y movement in the sea alone, reference may be made to aiiolher page, where the marine habits ami v< le of life of the lur-.seal arc spoken of, i' ' .\her« iSir William Flower, Professor Allen, tiiu otiier autiiorities are <|U0ted iti support of fa(!ls in connection with this, which have never, till iti the Case now pre- sented by the United States, been questioned. The specific evils which experience has proved to follow from tlie practice in question, in the case of tlie fur-seal upon the rribylofl' Islands, may here be pointed out by means of the recorded [24!)] 2 M '! i l>\ Ill t 262 r« 1 1 j \ \ 1 li >\lJ 1 K- 1 "if 1 I'M 1 bbpeivivtioiis. Apart from ihc cruelty inliereut in the mere proioss of driving animals so organized, tlie actual cTecta of the operation have been found to show tlieniselves in Jhe death by the way, from exhaustion, of driven ai'imals ; the im- paired or totally destroyed virility of the nudes thus freiiuently driven, and the disturbance caused by such driving, leading to the avoidance of the breeding-islands, or to their abaiidonment by large numbers of scnls. It will l)e understood that, when large numbers of young •■ killable " males still existed upon the islands, tlir evils nuntioned were comparatively small, but with tlic iiioreasing scarcity of " kill- able " seals ; ever large numbers of those of other classes were necessarily driven in the ellbrts to secure tiie " ipiota," and of those thus uselessly driven many were included again aiul again in succeeding chives. While .s the " hauling- grounds '' became, in consequence of the decreased number of bachelor seals, less and less dearly separated from the lirci'dinif-grounds, considerable iHunbers ot' I'emalcs engaged in suckling theii' young upon these grounds became unavoidably included in the drives. At tlie time at wliich Mr. If. W. I'-llioll recorded his observations of 1872-71 in his ullirial Kcport wliicli formed part of the records nf the 10th Census of ihe Ifnited States, and was reprinted by the United States' government, willi slight alterations, in the " Fisli- ery Industries uf tlv United Slates," he held the view that the mode of taking and killing the i'ur- seal upon the PrihylolT Islands could not be im- proved upon ; }(>t o\vi\ in this monograph, which has cNcr since nniained the priiicijial source ol' informal ioi\ on the fur-seal of the North racifie. the followinSftV,(tl'>tlS by Ml. II, W. Kiii.o ^^ 'I " .\ ihiivi' •)( seals ''ii liiird ci- liriii gra.'-sy gnmiiil. in Cn^ns ciiol Mild iiinist wcatli' r. may I ' liivoii willi .smI'i Iv at I'l' ''■ flic i-.'ifc nl' li ill'-,i luilc an li'iiir; they cm he uracil aliiiifi'. with the exiHiiililurc et' a i;real many livi^, Imwi vci'. iit llic speed (if 1 niilo or 1\ miles per heiir: hut this is •^.lildiii .jnni'." I'lnilier cu lie spi.'aks of the disposition of the old seals lo light -- ; '••i-i\th' r tlian eieime ih'' p.intiiig tortun; nf li ■] ;" and mi the iie.sl Jiage wiitcs : — "'I'he ja-dijicssioh ef the whole caravan is a sueecMion cf«tarts\ npiisnioilic'iniliriesular. made evciy lew niiimtorf.' i;.|.. it. l'<- '■' Kill" iiimiiiK' t<> ('utcli llifir l)i'('alli, ainl iiiitki', oh it wi-ru, II jjliiintivi" siiivcy ami iiniti' prdliMt. Kvi.'iy now mill tli:'ii a Nial will ^I't weak in tin: iiinlmr n'pnii, thou diM^' itr< iici,st(;rii)M iijiiiifj; tnr a aliiirt (liHtancd, fitmlly the we.st, or I'oloviiia on the north, to tho village at iSt. I'aiil. as miieh as three or 'I per eelit. oi' the wholo ng on, and lln' sun happens (o piert-e throU}j;li the fop, sonio of the seals lieeome exhausted and die at such u distanoo from the salt-housc^s that their skins cannot well ho carried to them hy hand, ami are therefore left upon the hodies." Tlio ol)S(;rvatioris al)i)V(! (piolod are, liowcv'or, luit an aiiiplilicatioii and r('])etiti()n of iho KliU earlier notes of tlie I'nssiaii clironiclur, Vonirt- niinov, wiu), rcloi'rinir to aluuit tlie year 1812', writes : - "Nearly all the old men think and as.serl that the hials which are span d evi ly yc'ir. i.e., those whicii have not been killed fur several years, are truly of lillli,' use for llree(lin},^ lyiu.n' ahoiit as if they were outcaslh oi' disenfranchised." .,., Speaking,' of liie achia! kiilliio of .seals niinu Uif; I'ribylofI' Island^, under llie UiLssiaii inanaoenuMil, Captain Pc.'innnon i'lU'ther says :• — ■ "'I'ho loud mouniiif^H of the animals when the work of slaufi;hti'riii(; is K"'"r." on In ;;-L;ai's ih script ion ; in I'act, they manifest viviilly (o any oliscrvin^' eye a teudcrnc-K of feeliiif^ not lo be mist.'tkeii, Mven the simple-heartyj ^leutiuuB say that ' tho seals slieil tears.' " : Notwillislanding these early stricliircs on th«i .iiielhod of diiviuLT, and il.'; cd'ccl in lo.ss of seals [2 1'j] 2 M 2 • H 1 ., :i|. ?Gt aiul iuipi'ci'tl viiilily of llu' Mii\iv()i>, iho lufllitvl has been ctMUinuonsly prai'iisi'il on tlio isl;iiuls, with si'.\ri'('ly :\ wiMvl of iwoviIihI n'moMsIr.iiuv, till williiu llic i>n>( fi'w yi';ii>. ilic n'lliui'il inmiliiT of seals ii'in'wcil iiiiiiiiiv ami ilicw alli'iilion lo i!u' nunlos cinpIoyiHl. Will' I Mr. I'iliol! .! ■.liu visli.'.l ihc I'liliyloiV M,, i|, \v, Islaiuls in ISlUt in I ho liulu of faiMs. ln' fill i-oni polli'il lo I'lianu'f liis prcx ioiisly foinnvl o|tiiiions as to tilt' |ii'rfi'i"lii>n of ilir nu'iliods ihcir in ;is.' Ho wiitc-i as follows • : "1 can MM' n.iw, in lli.' liclil ol' llu' viTiinl iMlln' vv uiv iliiii-,li i':iv,', of MXi ■"! cmsi'CMlivf vi'in-s of sciliiii;'. viTv fli\nlv iHu> Al'l''"'"''''' ^'•'' ''■'•• (ir fwii ;■ \ts whii'll Wiii' wlioliy nivisibli' In my wii^lit ^,, .1 ,|S',iM." il» 1S7J 71. 1 I'an now si'o what Huit cIVitI nf iliivnij;- |ip •il,.''" ovorliunl is iipon \\\c pliysir.il w rll-l'ciii!;' of :i nornvil fuv-si'ul. anil. Mjion lli:it si.uhl, fnl w.nr.mti'il in tMliinj;' followin:;' uroniiil. " Till' li' 1st ii'llorlion will ili\ laro 1 ,1 an oI-m i\ .r thai, while a tnr-sivil inovi'siasliron lanil.aml iVciT tlmn any or all illiiT srals, yot, :il llir siino liino. it is an inni'Mi.il anil lal'ovions I'tVovl. rvon w lirn it is volnntaiy ; llirvi'- fniv, whin lliousaniis of yoniii;' inali' noals aio sniM'nly aronsi'il to tluir ntnivsi |)inviM' i muni, in >ssy tiissoikM. and nthi'i- I'niially sovi'ro innu'di- inonta, tiny in tlioir (r'i^.i', cxi'it tlu'insolvos nmsl violontly, orowd in rinifiisid swi lli'iini;' hoaps niu' npon tlio othir, so that many are ol'ton 'Kinotheri'd' to death; untl in this niannev of most cNtia ordinary ell'ort, to lii- W'p'il aloiiii' over slnlelies o( nnlnoken miles, they are ol)lif::ed to iise innsrles and ni ryes that Nature inxcr intended llein to use. and whii h are not lifted {\\v the ai-tion. •'This urolonnid. Midden, and ninisnal I'llorl. un- iiatnra! and vioh'iit strain, niust leave a lasting' marii npon the physieal eondition of I'Veiy Meal thns driven, and then snlViied to eseape liom tlie ehdihed pods on the killiiiji-grounds ; they are alternately healed to tie- point el' siitroealion, gaspiiij;-, pantinu:, allowed to eool «Uiwn at intervals, then idirn])tly utarted np on the road for n fresh renewal of this heating; as they le.nge. Bhamlile, and ereep along. When they arrive on the killing'-gronnds. after four or live Inmrs of this distress- ing itVor' I'll lluir p.irt. tiny are then sinldenly eoideil off for the last time prior to tlu iinal ordeal of elnhhing; then when drivei\ np into the last snrronnd or 'pod,' if liie seals are spared from eatise of heiiig nnlit to take, too big or too little, hitten, tte., they arc jiermitted to go oft' from the killing- gronml haek to the Noa, outwardly nnhnrt. most of them ; btit 1 am now satis- fied that they sustain in a vast nnijori'.y of ease.s internal iiijnriis of greater or les.s degree, (hat remain to work physieal disahility or death thereafter to noarljr every seal thus nle.iKed. and certain di'struotiou of it* • yuiitat nil is again nmde froai tliiit part of his Heport whi '1 1,0 I.U': Ii;mi«i !l' inilillhluil. holi, I ;',, 205 viiilily iiii'l I'liiiiii;;!' iicccMMiry I'di- ii htilliciii mi t]\<\ iiMi|<,.iv c'Vi^ii ir il c'lii inmNilily niii llif jrniintli'l, di' iiviiifj; llir()ii(;|i(iiil cvi'iy Hi'iilin^:; hiukuii fur livi' cii- wis riiMH (iilivi' yi'm> ilnvi'ii over iirnl mvit ii^iiiri hh ll IK ihinii;;- ciicli i>ii>' ul IIichc hcilIiii^ hciihuiih. ll ll|l|ll'll|'H jllllill III Mil', lllllt lIlltMl* iIm nun- li.iiiiMii III Hiiivn i Hum Viiiiiif;' iiiiili' I'lir H' llClillli' hII'IiIii 111' iciiiIi'IimI jiy lliJH nil ul' ilriviii).- wlmlly wnillilrH.-i I'lH' Hi'Vi'ii yi'.ii'H III ilnviiij^ iiV(il:iiii lirci'iliii^;- |iiir|ii.HiK llii'V iii'ViT pi III III IIIIIIIIIJM Mill Ink' lip KhilimiM Pii'i' II'I'C, ir-llllK- ■iii;;- Mill riy ili'iiinnili/.i'il III Npiril itiiil in limly. Will tlllH !( .IliIl III ■ir..'i ■M ii|i|iiiri'iil, iiiii! lllllt. ri'Hiill 111' . w I V lllll Hllli'ly rnliliiii;; llic ri ii ilii'ril'H ul' ;l full mill Hllslililli'il Hii|i|ily ll' rii'Hli yiiiiiin' u\!t\f ill llril ii'Ki'i'iii'K. twi'iily yi'iUH iipi, iinilii' lln: |iiihiiiI, Ml. (.'. .1. (Ji)(l, 18'.tO N'liliiii' iiii|iiiiitivi'ly, I'lir llnir sii|i|ii)rl, up In llu 'liUi iliiiil III' lull (■\|iiiiiHiiiii (hui'Ii mh I ri'i'iirili'ij in 1X72 71), lllllt. irHiill lii';;iin, it iiiiw si'ciiiH iji'iir, In Kit in lintii •lio I Myflciii." Jicrctiiii;^ U> till! siiiiK! year. ;iii(l in illuslriilii)ii |)r.rli(;iil!iily itf llit! (■imiiil.'ilivc Ion.mcs iiilliclcd by this iii'occHH of (Iriviiif^ wlicii IIk; mimltr.r of yuiinj^ males of " kili.'ihlo" .'ij^(! lias bccoinc iiiucli nidiircd — losses whicli must have been in ))ro;(niss for many years, ll'.oiiifh t.li(!y did not r.uliniiiatf! in iiit(!iisity till llu! yt'jir 1 8!»()— Treasury Agent Oort may be (jiioted as follows : — " Ndw, in iiiiriiiiif; llm hi'Iihiui, it is cuHtiminry In Herure nil llie 2-yrnr-nlilN anil u|iwnrii,' pnHsililr lii Inrii A|(|)('iiilix, vol ill. tlie y(;iirliup;H lii')j;in In lill ii|> the liiiulin^;-^n-nun(lH nn'i lin'liHli C.i 'United Slut Ni.. 'J (IH'll),' ilh III lllll lullnhli' Hi'n:'*. Hy so (I'liuf^ it iH tnucli )ip. ir, l(i eusirr In iln tli IhiiU'd Sliili's' Hniiair, TiIhI Cdiifr 'ind S.".ss. Kx. D.ir piiiliHlK liie ycarliii^^H iiri- 'int. tiirtui'i'i In 1 by leiiif;- driven and i-edrivuu In llic killin;^- II eriinl'Ui it wiiH Ni'ldnni lliat inure tin No v.), pp |., r,. |r, |„,,. ,,,,„( ,,(• „|| |i„, „,,|,i„ (iiivi.n t)„! latter part of .iinio and tlu! lirst lew days in .Inly were tnn Hnmll tn b' 'lillod, but lliis H(!aHi»M tlu! eiiso was reversed, and in HUiny iuHlaneeM HO tn H't piT cent, were turned away. 'The .leediiipaiiyinj;' pereentafj;e exniiiples will sliiiw tli'i dispositinn nf this yearV drive. The first killilif:; nf fur- seals bv the lessicM was on the (llli .linie, :iiid tie' seareity of killable ...•ids was apparent tn all. "Tile seuHoii eliised on the 2<)th July, (mil the driv>'H in July show a decided ineri'ase in liie pereentagis of small Heals turned away, and a dierease in the killables over the drives of .lune, ileiiioiistrating eoiielusivcly that tlieri^ Were but few killable seals arriviiifj;, and that the larj^or part of those returning to the iHlaiids wern the pujiN of last year. The average daily killing for the season was 1(10, or a daily average of ^22 ineluding only the days work(Hl. I f w! t ;V-: : Ml ■• 'm l^*\ " We opened the season by a drive from the Kewf rookery, and turned uwiiy 83^ per eent., whoa wo should have turned away ab'. ;t IT) (nr eent. of tlw aee IB iJ Ml \V. I'liliii.i. iS'Vd. Konlc (liivoii, and we cIohciI tlio soiiRoii by turning n\\i\y XG ]WY cent., II fact which proves to every iniinirtial niiiiil lliiit we were rech'ivinj:; the yeiirhn}i;H, niul eon- hJiKmIii}; tlie mnnber of nkinH obtained that it was inijdissibh- to secure the innnbcr alhiwed by tile lease, tlmt we were merely torturiiip; the youu^:; Heals, injuriii)^ the future life and vitality of the breeding rookerieH to the detriment of the leNsees. natives, and llie (iovprn- niellf." Aifciit A. W. Ti.aveiuler, reporliuu; upon tlio Mi V \V, i,ii sanw point, s.iys : — " All the male Hoals driven should be killed, us it is "'ili.sh I^.m . ...,,. , ... , , Apjiendix, vol. oi. my opinion that not over one-nail ever go hack upon •> ir„j(,.,| ,stnt,<>« the rookeries again." No. U (18!)!')." Another, and entirely indepeudent olwcrvcr, ifnited Huie.s' also reforrin-' to the year 18!)0, in which interest .?'"';"A''' ''';!:'■';','- • became directed to tlie .stale of the rookeries No. 49. j. '.i. and the canses of their decline, i.s fonnd in Air. W. Talnier, of the United States' national nuisenni. In a paper read before the liiological Socieiy of Washington after his retnrn from the Pribylofl' Islands, Mr. Taliner treats thi.s subject at considerable length, and evidently as the rcMilt of close observation. Following .some remarks on pelagic sealing (of which, however, h^ docs not profess to sp(.'ak from per.sonal know- ledge), he writes: — "lUit ])iliigic seal tisiiing is not the only cause of the " Forest niict dunusr of seal life uii the I'ribylotl's. Octol«'r2!> 18"l '• l'rii'.';dily an eciual cause is the unniilur.il method Hriti.sli Oommio- ..f diiviiiij,- se:ds tliat has been tnlh.wed on the islands sioniW Koporl. '. III). IH(. ISS. KUKc the tirst seal was captiircil. "The nieie killing nf seals as coiulncled on the ifilands is as near perl'i ition as it i.- (iiissiiile to get it. . . . lint ihi' ibiviiiL!; is a totally iliircieiit matter. I ilniilit il'iiuy one can look upon the painful exertions of this dense crowding mass, and not think that some- wliere and somehow there is great room lor itnprove- lucnt. It is conducted now as it always has bcc?i : no li.ought or attention is given to it, and. with but one <,\ce]>tion. no other method h;is been suggested, or even ihiiuglit necessary. » • t * . "The fur-seal is utterly untitted by natuic^lnr ;in ex- tended ami rapid safe journey on land. It will pro- g.-tss r,i|iidlv for a short distance, but soon slops from ►■liccr exhiuisti.'ii. Its flippers aiv used as feet, tho belly is lais'.d clc.ir from tho ground, and the luoliou is a jerky but eompar.itivelj' rapid lope. When exiiausted, the animal tlops over on its tiide as soon as it sto]>s miiving. being unable to stand uji. • * * • "'I'he character ol the ground over wliieh the seals are iliiveii is in many places utterly unfit for the purpdse : up ami down the steep slopes of sand dunes, iS'.lii Mr. I'ulfii,': 111! .lulu.li 'MIIHr •i'll'Mfll • il' 'lri\i'ii so;\!h. 867 over liiiilcr liillH hIiuMicI with nIiuiji lo'iki', nuiiic ]pI.iihi4 lii'iiij^ HI) HtiM'|) llmt they ure av(iin 1(1 f >r th illM Niinie ^roiiiKl lor iiiiiny yiarH, iind mi niuul- o ih'ep jiathH liave lieeii wiirr. Iiy tlii^ |)a«Kiiij^ of tiiiH of thoiisamlH of Hcaln. No attem|itM have liucli iiiaile to le roekH or fa leHHfll tluj (lillicilltioH of lliU Klill (Irivi'M iiell-iiiell over II .1 II le sualH an hi roiKK anil down Nteep ineliiieM, where many ar» eriiNJieil anil iiijiireil liy Ihe hurrying niaKS of (jiohn liehinil The seals that are not killeil are th> ii driven away wilh tin pans and a f^'roal noiHe, and whii.i in an e\eiled and over-healcd condition, riiNli. as i'ust as it is possilile lor a seal to <^i>, into the iey-eold wal'i-* of Hehriny; Sea. It will thus he seen that II lese Heals are snl')!,' •tc litio .Id inle iieivni/.ed or partly-eivi li/.ed man has no pity h duinl) hniteH. and as these drives uie eoiuhieliid entirely hy tli(! nativo8, who prefer dol enee in the viljae-e I the diseoniforts of a drive in the fo;; anil rain, it I'oil'iWfi that the seals are often driven iniieli faster than lliey uliouhl he, and ahsohitely willioiit thoni^ht or cMie. lint fiii.s is not all. 'Phi' seals that are sjiareil Hoon lianl-uut «jj;ain near a rookery, and perhaps tho very next day iroees.-i, anil aarani iinil au,'aui ur(M)lilij^ed to re[ieat the [)i throuf^'hoilt tho season, uidess in tl have urawlod out on a head) to die, or have sunk 10 ineanliine tiiey exhausted to thu both The tloatliH of these seal* uro diroelly caiiNod, na I kIihII explain, and, ho far as I )ini aware, it is inentioned now for the lirst time." Mr. I'almcr then stak'S that lu; bclievt'H (l(;at.h to IfSlll cliic fly JY mm IIr' coiLSumptioii ul the iiiitiiral »\ov('. of fat while tin; animal is toD t'xhaiisted to oo in scarcli of food. lie con tinucs :-- I I'eiiuinlK'r h with f^'reat euriositv lor tho (■uuh'o of death in the lirst seal I found stranded th^ beach. Kxternallv 1 1 lere was i lolhiii"; to indieatc it. but tho first stroke of the knife revealed instantly wluit r am conlident has been tho cause of death of countless thousands of fur-seals. It had been chillcil to death; not a traeo remained of the fat that had once clothed its body and [.roteeted iho vital orj^ans within. ... 1 opened many after this, and always discovered tho same, hut sometimes an additional cause, a fractured dl iipi I hav e oven no led those left behind in a drive, and wat<'hed them daily, with tho same result in many cases. .At lirst they would revel in the poiida or wander anion}' llie saiu d duir but in a lew i lyu their motions beeunie diHtinetly olower, the curvuluro of i ; m , Il •*?■! m W 'ii h l.( t 2(i8 Mil spliii' liciiiijir li sMiu'il : I vrritiiiilly till' |Mii>c',\riil. « * « • " nnriiij; tliu cij;!:! vi'iu-h" iiiiiinril y hI" IIic IVw initio -Ki ills tlmt liiivo cHcapoil tlicir uiii'iiiiuH it in kii(\>, I think, til iii-Kumi' tlmt lit loimt I'diu- muniiicTN were spi'iit in Ki'ttinj; iin i'X|it'riiM(i' nt'tlic iliivrs. DouHiinyniu! think that they wore then iii|ial>li' cf filliiif;' lluir indpi'i' 1'lUK'ticills (111 till' l-dukt lies? * » • ♦ "•Thi' niitivu.s liavc lii'cn providi'd with whistiiH, lunl ■whin II Imiit liiuls itsilC ncnr ii nuikt'ry (and a iiri'tciicr tor itH |>ri'Konci' is ciiMily I'liiiidj j^iiiid unc in inaiU- nt' tlicni, with a coiimMiiuMit cniit'iisiiin iinioii}>' the seals, iind a. iirolialili' ini'icasc in the next ni()niiii};''s drive. And ytt a Mti'aM;;or on the ishinds is luiiiiboo/lud with tiie inl'uriiiatiiiii that his jireMt'iiee a few yards tVoiii tlu( vilhif^e is iVaiight with great danger to the (Viiiipaiiy's intcrestt^." After speaking of the care exercised in regard to tlie driving of seals upon the Eussian (Com- mander) Islands, Mr. Palmer ct)ntrasts the state of aflairs as observed by him on the Pribyloff Islands as follows : — " On the American side, on the contrary, the seals aro driven as fast as possible, the only ones being weeded out being those too weak to go further, while of thoso rounded up on the killing-ground by far the greater number are allowed to eseapo. Out of a drive of 1,103 counted by me only 120 weru killed; the rest wero released." Tlie British Coininissioners, in treating the snliject of driving seals on the islands, and its effects, say : — '•One of the most important points connected witli nritish Conimis- tlM> taking of fur-seals on the Tribyloff Islands is tlmt siom-r-H' lU'poxt, of the method of driving from the various hauling- grounds to the killing-grounds. However nafeguardod or regulated, the method of driving fur-seals overland for considerable distances must bo both a eruel and dcstriKtive one."' This process ol driving is then exphiined and examined, and instances of its eilects, as noticed by the Commissioners themselves, are given ; and the following fnrther rt^narks are made : — "If it were possible to dri.'o only those sea's which Ibiil., yniu. 707. it is intended to kill, little exception could be taken to the method of driving in tiio absence of any better method, but the mingling of seals of varied ages upon the hiinling-grounds from which the drives are taken, even under the original and more favourable conditions of former years, renders it necessary to drive to the killing place many seals either too " ung or too old to be killed." Ih'iliKh Comniit'HioiuMr en il " (h'iving. •_»(;•> IViiiiiliH iiirlnilcil ill "iliivcH,' Hi'itiFli CoiiiniiN. HilllU'lH' Rcpdl't, jinvn. 7 111. Appendix, vul. i. p. 1.V2. BritiRh Conimis- siniicrs' Kepoit, pnra. 71S. Hull. Mus. Colli]). Zcml., vol. ii, Pnit I, p. lor). Impossibility of exchuling fenialcR tVom " drives." Ibid., pnrn. 717. United States' Census Report, p. 72. .\ltfiilinii is ilicii cillcil to ilii' iiittiisKicatitiii of t!io evils iiicidi'iil tu ilriviiit; when tlu; wholo iiiiiiibcr of '• killiil)l(! " sciil.M lu'coiiif.s imicli reduced, and, in iiarlicuhir, when it i.s iindor such circiim.staiiccs still attleinplud to .secure a largo annual "quota" of skins. The necessary injury to vitality in the case of the seals driven but not killed is noticed, to<,'cther with the fact that suckliiij,' females are often included in the drives. On the point last alluded to it is said : — '• 'I'lius, it liiiH ociMivi'c'd tliiit, ill liiti^ ycniH, conMidcr- a'llc and iiii'iciisiiif;' iiiiniliciH (if Invccliiij^ fumiili'N havn lic'i'ii driven to flie killing-srounds wiih tlm killables, though wlii'ii recognized tlicro in tlio process of select- ing for killing, they luivo heeii i-eh^nsed." Keforring to his observations oi, the rribyloff Islands in 1892, Mr. Macoun also reports that in 18!t2 he counted the seals killed and those allowed to escape at four " drives," and that the number killed varied from 13 to 17 percent, of the whole number driven. He also mentions having seen many badly injured seals driven from the killing-ground, that would probably die ; and that along the route over which seals had been driven, many carcasses of seals that had died were found. To show that the inclusion in the drives of seals not intended to be killed, including females, is no new thing, Captain Bryant may again be (pioted. In the passage cited, ho refers particu- larly to the year 1 8(;9 :— "At the close of this period tlie gnat body of year- ling Keuls arrive. These, mixing with the younger class of males, spread over the upliinds and greatly in- creaso the proportion of jirinie skiiiH, hut also greatly iiicreaso the ditHculty of killing iiroperly. Up to tliis time, there having been no females with the seals driven up for killing.it was only neccsHary to distinguish ages ; tliis the dilVerenco in si/.o enables them to do very easily. Now, however, nearly one-half are females, and the slight difference lietween these and the younger males renders it neeossaryfor the head man to see every seal killed, and only a strong interest in the jn-eservation of the stock can ensure proper care." Again speaking of the years 1872-74, Mr. Elliott writes : — " It is quite impossible, however, to get them all of one ago without an extraordinary amount of stir and bustle, which the Aleuts do not like to precipitate; [249] 2 N ■li i I • «.. ,4t 'S*.'j;iWii If: J- '- J «i '•4 W ' ?70 t lu'lll'c fln> llli>i> will lie tilllllil fil I'dllMiNl IHIIllllv 111 II ImiH' iimjoiitx 111' ;1. Mini l-Miii-ulcJN, ilm icxt In'iiij; :}. yt'iu'-iilclx |iiiiiii|i;ili_v. mill a \vr\ \\\\, iil wiili- inlci'viilN, fl-vi'iif-olilH, the viuilinuN Hi'liIiiMi i\i'r ^^I'lliiij;' iiiiNcil ViVt'ii lis t'tirlv .'i"* ISTlI 7J, ilu' mujnr |ioiiion ul' llritiM'i ('niiiini". .« . 1 • .1.1 • . 1 !• ,1 1 Biniici'-' Wrp"il. tlic ratcli IS loporlcil to have tonsislt'd ol J- ami p,,,,,, 71.1 .'<-yoai'-cil(l seals, .iml iiiulcr siii'li lirciimslanccs tlu! |i,i,i,, pmiis &.>h jiiacliiMJ iii^|i(p>siliilii V oi' t'Ni'liuliii'_' vminv' li'iiialcs '""• In.ni ih.' iiiimiImt kill.Ml is |Mm,ir.l uni l.\ Hi.' •^•■';. "I";' •■^j^.lrmv Jh'ilisii ('i)iiimissioiii IS. Ciisr. |i. •J(>a, On lilt' siiliicrl la>l lUfiilioiiiMl, Mr. S. \. Itiiv- M. H . 1 HI' <'"iiu' . • . . .. '■.,-. 1 . .■ 1 ' '"' •'*'•"''• ■'•^ "'"■• iiilzkv s K('|iiiil itt ISiO iii.iy also In' ri'Icncil lo. n,, s;t, p. w. \vli(Mi' lie sa\s tlial I'miali's ;it<' easily inisl.alMii I'nr yoiiii!.' iii.ili's i'\fii 1)\ llic ii.ili\. s, Tlic sjci iai cllcils |ii(nliiri(i li\ ilic ilistiiiliaiiri' and alarm (il ilic ^cals ii|iiiii llir '.iiccdiii'i islands. wiili iiilicr Tails, arc .'ilso ii-caicd id' in lliis cnn- iicdinn hy llif |!iili-h ( 'iiiniiiissioiicis ; liiil lor dcl.'iil- ilicii- liii)M)ii ^|lM^li^llla^l\ |iai;iif|'a|)lis "04- TL'hslinnld lie rclciri'd lu. In coiicliulinir lliis MihjiM'l. ilic t'dniinissiuncrs wrili': — W I*. i> .u " I'lii' iii;>;ii'pili> liiNs iiMHiri.'d is tims tlic n siilt nC HiKInIi ('oinmiH. viiiious .iiMM's. wliicli tii,uvtli.i- invnlvi' tin' Killing' nl' n'"'"''':!' Hi'l'mi. ... , ' 1 1 11 1 1 • ■ I'll I'll <'-l- liliuiy Hi-iilM wliirli ii|i;;'!d not to In' killi'd, iiinl it im I'viiliiit t';.it till' 1111'IIioi'n III' ilriviiiji' and kiiliii};' mi tin' I'lilivliilV IsI.'IIkIs, us liiiw |iriiidiNriI, ;irr •^IIKrcjitilili' lit' Vci-y n|',.,it iin|irnvrlilrllt." Till' Uiiilcd Slates" I'uiiiniissiniu'rs. ilioni^di in .'I vi'iy (iiialilicd iiiaiiiioi', siilistanli.illy adiiiil tlic I'xisioiiri' 1)1' ilic same e\ils. Tlieir adiiiiHsiou iipjiear.s to mean in ell'ecl lliat wliilo sueli disas- trous jiraclices have been allowed eoiiliimoiisly t'of twenty years or more, they may al some I'liluro lime lie remedied, if it be thmiirht expedient. 'riu'\- write : — StiitciiirlitH dl' the I'liili ij Sliili. t 'iiiiiiiiissiiMii rs. ' it, •J' . I '• \\ llilr tllrlr is ll.i ilnlllil lIlMI ill suilli' illsl ,l liiis i\- |',||(,,,| Sliiti's' i-essivr ilriv iii^ li.'is 1 11 iilluwril. llnil «■ .ils Iumi' Imiu Ciisi. |i :lii| . iliivrii liirllii'r tliiin is aclindiv 111 n swin . .iinl lli.il lU'djureMi'i' li.'isiiiil lnTii tiikiii til I'liiiiiiiMti' till' inni-kill- alli' .seals as iiir UN piissililc lii'l'ini' the dviviii};' i.s well miilir way, llinse arc inaltcrs that arc w) ciiliroly itnucr cnutrul that a luoiicr adjustiiiciit iiiay lie .suiiircd at ClR'f." IliHsiniMis. 271 rH.MTKK XV MdHiKjfiiirnl iif till' /'rilii/liijl' /s/iiu'/'i Inj llnssid mid III/ t/ii' I'lillii/ Shiirs -(('((iilimicd). Ah .Sr/(,V ( '/' I'^'iju'r f '(iiih'i'l l>i/ ( iiiri'i'iniiiiil .\ijiiil-' 'I'm; UNin ii Si mih' (^lM■^;^ (I.) L'jhUmI Shill's' (' l:;i;, 1; Till' ll, (lid UiriiiH III till' Inisr wui'o lii|,'lily ruviiiiiiililo tn Miu (iiivrriiiiu'iil mill all |iiirlii, tl I' HiiMii' roiirliiN, II WHS I'l'iirlinl Cl.) IliiittMl Sliiti'fi' Ciisr, |i. ;i'.l It is I' V ill I'll I IVmil tllO lllltllflMit' I lie i III I list l'\ llllll ill r:iM' till' Hciilliit; on llir iHliiinlH nIiihiIiI Iii' niiiii>ii;ril iliri'illv liy till' (iiivi'inini'iit. Ilir ii|i|iiii'liinitii"- fni' ri'iiml iiinl tlii'I'l iii'c M ry «''''"' "11 til" P'li't ll)Ulll ('iiiMiiiiltri'H nIiiiwciI 1 1 lilt t ill' Aliiskii ('iiniiiii'rri.'il (' iiiv liiiil I'lillilli'il till' terms 111' the I ili ■ III tlie 1-1 ellse III nil ri speels iieiits (if tliii Act, of lH7ii. " (.'i.) I'llitl'll SliitcH' ('list', p. I to — " 'I'll" lllllllllilie: 111 t 111' HCnls (Ml I III' i^llllllls, lieillSf I'll' i lel V ihiiii' oy tliu unlives, is (liieelly iiiidci' tlic Kiijierv i>i(iii of tlic (ioveniliielil At,'('iils." It).) I'liiteil Sillies' CiiM'. pp. IK'), 117 •• Umlei this leiisi' [tliiii of IH'.IO; it is ilillieiilt, lo see liow till' I'liileil Sillies coiilil liiivo ii iiioreL'Oiiiiili.'tu contidl over llie i-eiil imlii.'-li'y mi tin' is'iiiids, even if it took tlie eiitii'e iniiniii;i'iiieiil of the luisiness. Leiisiiif; under Kiii'li terms gives the (iovuriiniiuil alisoliitu power in lixinj; the (plot II iieem iliii.u lo the eoiidil inn of the herd, llllll III. the wiiiii lime iivoiils the detiuls of niiiiiiigeiiiciit. and disi losiiif; o; the skins, w I'hich lire the csjieei didiuullii's in the wiiy of ilieUiiit'd Sliiles workiiif; tliii rookeries itKull'. 'J'lie eour.se thus adopted Ijy tliu IJiiited States leenis iis free from criticism or improve- ment lis liny that can ho suf^gested." [249] 2 N 2 ^4 If '27-2 (7.) Iiiiiiv! iStiiifs' CiisL', [I]. I5;f, l."i-i ■' Tbu immbi'i- ii[' seals iilli'ivod to lio killiil iimiiiiillv \>y tlio li'ssues WHS. from l^'l to 18H1», iufhisivi', .'Ud.l'UO; but this riUniber i.-: var: lole, anil oiitiroly wiiliiu tliu control iif tliu Treasu'j Oepartmeut of tho Uiiitod States. In 1880 Char.ii J. Gi ff, thou the Government Agent on the Islands, rcporied to the Department that h- considered it necessary to reduce the quota of skins to be taken in I8D0. Summary ok Butlsii Bei'lv. iM t Tlic supervision and control of tlie le,ssees of the PribylofE Islands by tho Government Agents of tho United States lias throughout been lax and inefficient, unci ir,,„ such as to afford proper p ifefjuards to seal life upon the islands. Mr. Boutwell, Secretary of State when the leasing of the islands to a Company was tir.st proposed, anticipated this result, and his forecast has been fj'ly justified by cveuts. The fact that, though reported against from time to time, tho (|U0ta of .skiij.s was allowed for twenty years to stand unchanged at lOO.OUO, is alone sufficieut to show that the lessees exercised an influence to the detriment of seal life upon the islands. The statement made on p. I')-l ol the United States' Case is wholly misleading, because of its omission of mention of any reports speaking of the injury resulting from the taking of the allowed quota ot' 100,000 skins, previous to that contained in Mr. Gcft's rejjortof 1889, after which action resulting in a rednction of this quota was tirst taken !* is known that smaller skins wee allowed by tUe Government Agents to be taken from year to year, at least since 1883, in order to enable the quotn to bo tilled; and this without any check being attempted by tlie Government. Oliiciul Reports of the United State.s, including Reports of tiie Governor of Ahuika, with other evidence, show that the lessee Company practi.!ally exer'.'iscd inde- peiKleiit control over the whole western part of tlio Territory of Ahi.ska. The Companv, in fact, eonti'olled the Ijloveriiment Agents, who w ere in all respects dependent on them. Evidence shows that wholly inexperienced men were .sent to the I'ribylolV Islands; that they were frequently changed ; and tiiat at least several of these Agents were not furnished with instructions by the tioverument. The driving and killing of the seals, carried out a.s a rule by the " natives" of tlu PriV:ylolf Isl.ands, can further bo shown to have been directly controlled by the Agent.s of the Company, and not by those of the Government. The same conditions existed in 18.'2. 1* The statements above quoted from the Cuso of the United States are grouped m order to show the nature and amount of tl'.cs control cl.uraed to have been cvorcised over seal interests on the Tribylofl* Islands, and particular]}' over the operallons of the lessees of these islands, by the United Stiues Government. It appears to be asseilod tliat, though cerlaiii circumstances prevented the establishment of an efhcient control from tlie ,t ■. , u. United Stales date of the cession of Alaska iu J8G7 to IbC'J, Case, p. l^;j. Suiniimry dl' I'liited States' coiituii' tioiiri ;i8 to nictliodN of conti'olly Governinoiit Agents. 278 Unituil States' Ciisc, pp. 137-140. Sir |ip. 'J20 (7 SI'/. C.iiitiol by Govcrntm'iit Aguiitu in reality incft'fi-'tivy. t'iir(.'W(.'ii by Mr. HoutWfl Vet, ill IHOy, ,'\;.iil)!uilie(l ilial the abosc leniaiks (>( SoiTolary Houlwell lia\e heca oiilively jiistiHoil In" I lie suljsenuelil liisloiy of the J'riliylnil' Islands uiulcr ilir n[)eialiuu of tlio lease whieli was eii!ei'e(l inUi iioi luuo al'Lenvards. Tlie exact cDndilkms which were IVireseeu by the Secretary in ell'ecl did grdw up; and at llie expiry of the lease, and even sinee under the operations of a new lease, Kuuie of those best iTiibrnied oii the whole subject are found lo advtieate the ;;;ime system of direct Go\ern)uent control as that snogested by Secretary lioutwell. [n eonniclion with the anioiiiit and eHicieucy of the control aiiually exercised over the opera- tions of the t'unipany on the Piibyloll" Islands by the liiited States' tjovermneid, the most im- portant i|uestion is that of the number ol seals allowed to be killeil. and ol' ilie lelaiion of that number lo ihe' aeiual slate of ihc seal rookeries on these breeding-islands. li h;is already been shown thai il was in the power (d' the !?ecretai'\- of I he 'i'rt'asury to reduce the ninnber of seals lo be k.Jed annually on th<' islands, but that ihonLili repeated olficial Keporls spoke ol the deterioration of the rookeries, no such reduction took phue. It is, in fact, in the Case now presented iiy the I'nited Stales, alleged that. from 1880 to 1S81 8;"). the nundjer nl seals resorting lo the islands renniined stationary, and that in 1881 a marked decsrense beoan. which has Inelticicney lA' emitrol s|iii'i;i| ilelieed liy lioli-ieilllet ii ip iif y,.vi. lll"l;i. Aclliiiltrd ill I'liiteil Stilt. that (plola reliiaiiied iii while Neal« Btatioimiy ei- 1 iiiij' in niunbev. ■' Cil" ;illfr. li . ,,,. . . . United State-. suicc eonlinued. I Ins eonlentiun |v elsewhere Case. ii. lOt. dispro\ed. but c\cn if it be adniilted. it is deiirly appareiil that if the nundier remained stationary during the years mi'iitioncd. the recurrence of . Mnalically disastrous years like {'JI!';;',!^' ^'l''^';;'" those of 183(i. 18.')lt. and 187(i would have Unit-d States' 1 I , • !)■ . I. • • 1 1 ("use, n. ion. pioduceil most serious ellects. It is, uuleed, u,.y„ ,, j,, .. ii^,,,,. evident thai only tiie continued increase of the fniipli nl' Xoitli American Pinni- peds, " p. 399. Omit.i uHcliitiig-ed (luring Ur,m.' ' Alii-liii Coiiiiiu'reial Conipiiny. 275 seiils (liiriiiii- a siii-i'(>-,si()ii df r;ivonral)l(' yeai's. venders llieiii able lo willislaml siicresst'iilly the occasuiiKil ualural rovcr.-cs In which they are lial)le; wliile iVoni 188J. when it is asserted that, a sieady diminution (irst, liegan. tlio Pribylod Islands must, lie adiiiilhil lo have been in a still more alaiiuinj;- eoiulilion. Notwithstandini:- (his, however, no change in the nuniher lo be killed, or " (|iiola."" was made during;- the entire term of lease of ihe Alaska Commercial Company: and it was not till 1890 (this beinif tiio lirst year of liie new lease of the Xorth American Commercial Company) that the " quota ■' was icduced from 100,01)0 to (lO.OOO. The lirilish ConnnissionerSj after pointing out the power of regulation nominally vested in the Hecrelary of tlie Treasury, write respecting the " ipiola" of 100,000:— |1 Itrih'sli (Nimiiii sidiicrs' lii'|inrl |)iirii. 4". " I'larlir.'illy. lidWOvei', iiiid I'W ;j,Tcinii'l.-: U"\ piililii'ly rxpliiiiicil. it rciiiaiiieil UMidtcvi'il, iiml lirciniic i\ lixrcl liiiiit." And, further : — ll>iil., \y.u",\<. 71-r:'.. "When a docvoiise ))ecanie apparent (ui the iKliUuls, pnnlen(^(> should have dictated some envtiiilnient of the annual slaughter there Xo such "urtaihneiit. however. iic(anred. The (lonipany hdlding- tlic lease of tluMc iHJands on iixnd terms wcti' not interfered with, '• ' continued to take their full legal ipiota mI' ,.\ins without regard to the risk to seal life as a whole. Not only no. but instead of I'educing the eateli. tile Htandard of weight ol' skins taken on the islands was steadily lowered so as to ineinde a yonnger class of seals under the designation of • killal)les.' I ■ 1 • liili-rcsls nt the h'ssee (!ouipany aloMe rei.>:;u-ded, "The Company holding the lease of the I'rihyiolr Islands had. of course, its own interests in view, and tin' period of ihc h'ase Wiis drawing to a close; lint it luiist he tuhled that no exiilanation has heen olfereil by the (ioverninent Agents in charge of the islands' of tlm ■ ,i it * Tlicso wero; Affents H. (i. Otis, 11. A. (iliddou, G. K, 'I'intflc, iiiid C. J. (iolV. (Tlui InKl-nanird ri-pertoil ii^:uiiiat (lie (■(intiniifil killing- of Ilic "([UoUi," find was iviiidvcd.) xVssis- lani Agents \V. It. Wai-ilniaii. h. Kiiiimel. II. 0. KdwltT, A. y. Ldiul, T.J. K.vaii, J. t'. Mnni'lHster, \V. (Iiivill, .t. Murray, and S. I!. Neltlolmi. The imnics of several of tliose oIlioiM'S ocruv |n'oniiiu'ii(ly nmoMH; lliiise ef |i('i'soiis now iimhIucimI in eviilcnco liy llii; I'uitcd Stiilcs. iv 27(5 priiiri|ilt's iimliT wliicli tliov woic j;iiitlcil to mHhw tlii.-i lowoviii;;' nl' stiiiiil;u(ls. witli tliu ciiiicoiiiit.iiit iiiciivMcli- uieiit oil -*- I lilt this nmiihor is variiiMe and entirely within the con- trol of the 'J'vensnry department of the United States, in ISSII t'harlfs J. (ioff, then the Oovernmont .\goiit on tlie islands, reported to the Department that lie lon- sidored it necessary to reduce the quota of skins to ho taken in 1890. The Government at once redueed tho number to tlO.OOO, and ordered the killing of seals to cease on the 20t]i .Tuly." ,' ) It is submitted that the statement aliove c[uotcd does not represent the facts as ihey occurred. The United States' Commissioners write as follows : — Admissions in United States' I'aso tliat unusual and injiiiiouK mca- snres adopted to fill uncliauf;-!-.! "quota " in late years. '• It is Well known that during the last few years (he i),i(j ,,,338. oj'i'i-iiliiiti Coiiij'iiiiii hail e.rperiencetl Jijlirullt/ infiiidiiiii a mijr'u'ii'iit iidiiilii'f of hlfih-cli lo lower (he nfie 0/ seals selected ' tor killiiK), luid also to redrive pardons of the heril, in order lo secure teen (he (frenlly res(ric(ed iptodt allowed (o he tiikiii in 1890, the last year of killing for eomniereinl purposes. But these iidiiiiBsions vciy imperfect, mid, couspq'icntly, niiBlcacliiip;. H. Mis. Doc. Xo. 11. list Conjr. :iiiil Si'ss, l)r.l>airH fliargcH vespcttingGovcrii- iiiiiit Agi'iits nil i'nbyliitl' IsIhikIn, It is believed that the adiuicsioiis contiiined in tlie two passages last quoted are in them- selves sulTicieiit to show that no elTioient control was exercised iu the interests of seal life on the PribylofT Islands by the United States' Govern- ment. But these admissions fall short of the facts as known and recorded in the ofllcial lleports of that Government. It has already been shown by reference to these Iteports, and con- firmed by ascertained facts respecting the skins sold by the Company, that a reduction in the sizes of skins had been deliberately allowed from year to year, at least since 1883, whereas no reduction in number was enforced till 1890, the first year of the lease to the new Company. That the "quota" of 100,000 had, in elTect, become a fixed number, as stated by the British Commissioners, is shown by Professor Allen's remarks as to the extraordinary measures found to be " necessary," and practised in order to secure the " quota." The following notes and quotations alTord further evidence of the absence of proper control on the part of the Government : — F. N. Wickei', a special Treasury Agent, in respect to the year ISC'.), stated that, though the law was nominally in force, an inspection of the islands convinced him that more than the legal quota had been taken in that year and the skins sold to traders. Dr. W. II. Dull, at that time in charge of the hydrographic work in Alaska, under date the 31st August, 1874, addressed a letter to Messr?. Elliott and Jlaynard, then Commissioners for tiie United States in respect to the Pribylofl" Islands, in which the following statements are made : — " I liiivo niiij;li Idiip; oxjiPiiciu't' in .Mnska iiii^tit slinko any ninu's optiiiiisni. H. R., 4-).th Coiiir., ' I will now flimo tills letter with (iiic romavk, wlilcli 1st Spss., Kx. Doc. has no special connection with the foi-cgoliijj;, hut which K1. pp. 2H5. L'.'!(!. I l)eliLvo of sonio iniportiiiicc. 'J'liis is, tliat it would ho very desiralile tliat tlic ofli<'eis of the United States emiilovcd on tlu' I'rihvloff Islands slioidd he prohibited from receiving pay fnini, or rendcriii};; services for pay to, the Company whom, practically, they are placed there to watcli. That tliis has occurred in several iimtaiues I am aware, and probably in some cases with- out anyimproper intent on either side ; but it is evident nt once that it opens .i wide door for seaiida). if not for fraud." [24i)] 2 I < -i i §A it i' ' ' r ' ' I' -i' 4; H.. i m ' I \', ii 27S Oi'iicral (). 0. Howard, Avliile enga<,'fil iu his oHicial inspection in Alaska iu 1875, was evidently much impressed with the riroumstauces that the Alaska Commert'ial Company, the lessees of thi^ I'riliylolT Islands, rxeiciscd an altoj^ether undue Minonnt of influence there. This is i)articnlarly evidenced by the I'nllowiiin' I'cmarks in his official Keport : — (Iciicrul Iliiward'n ohKcrviiriniiK ^i, llic lessee (.'ninpiiiiy. is;;,, sduidiiip,' on flip eoast writes nie If. R., tUli Cdiirr , ■>v]H)]invc l<'iiso, the seal Imsiiu'ss '«f '^'"S"- I'^i-J'ec , Xo. «:i, p. 1 ii>. ■' A uitizni of Id' that the Fur < 'mii^ fniin til" Tiiitfd States' (iiiwrmnciit make iiiillidii-i of pvoHf ; and that their operations are eoneealej as uiueli as jiossilile ; that vastly greater innnljers are killed an- nually, more than their ngreement allows, and that larji'o imiounts of hush-money are ]iaiil to ki ep ilie niattiT i|niet." rieneral Howard transniiUed with his Eeporl a documenl ■ iititled "A History of the Wrongs of Alaska," wliieh was reprinted with that Iteport as ,■! Congressional document. In it, numerous grave charges (mucernlng the granting of the lease of the Priliyloir Islands and the conduct of tiie lessees, were made. Most of these are un- imi)ortant in the present connection, but the l)raeliees of the Company Ciimplained of are said to have been rendered possible — timcI.. pj). i.-.t. i; ii;2. " )>rinoipally thriiugh tin- revenue otliei'Vs.'' iistance n\' the Unite(l States' Amongst those specified are Famuel Falkner, at one time Acting Commissioner at Sitka, and H. ][. !McIntyre, [Special Agent of the Treasury Department, who both afterwards became employes of the Alaskan Commercial Company, and both now also appear as prominent witnesses in connection witli the Case of the United States. General Howard observed that lie was person- ally unable to judge of the character of the stalements ciudained in this docunu'Ut, but added : — " [IJ do believe it to 1)0 a mistake, and a danffcrons ]a'i cedent, on the part of the (lovernment, to give into the hands of .any Coiuiiany, however hem^vnleiit in its intentions, so vast a mnnopdly. " In his ollicial Eeport for 1887, A. V. Swineford, (governor of Alaska, writes as follows of tht^ operations and power of the Alaska Commercial Compflny, which he professes himself to be unable to control : — Panu'er of ini>nd{i< (tovernor Swinel'onl's cliaiX'^ against the ('(nupany, iss;, K oIlM'VVlltlcillKinl imiliiiny, is;;,, " l{i|i()ii III till (Mivi'i'iuir lit Aliiskii,"l.S^r, 1-. \i:. li, f'lUl'l lilll nl lt> iHtlnll. ibid. •.'7',» '• While iiil lliih 1111(1 iiiiR'li imii; is liiic cuiiri.riiiii^- il-- liiiidiu.'iil uf tliu iiativu iKtijili', iiistaiutx iuu iml iin k- iii;;- wlarc it liuh Ijiiyi'iittfd ami driven away IVoiii tliu islanils (loviMiuiifiit oIliLials who, iiilciit uiicm IIm' liniicNt, fait!ii'\il (lisL'hiirge ol' tlifir diitits, liavi' iiniUTLil the diHplcasiivc or rolusLil tu dci llic liiddiiii; oF il^! Agviilfi. Ill fai't, it pobKL'SscH tho powirto coinpi-'l tdiii- jilialii'f with its every oxaetimi. and wlierover it liiiK olitained a ftinthuld neither white man nor nativi' ean do niiiie than eke out a niiseralile exi.sleiiee, save liy its slllVeraiire.'' The acliial rclaliuiis of tlie Governor ami nominal I'lxi'cittive I [call of ihi; Turrilory of Alaska to tli(! Alaska ('unimt'ivial (.'uiupaiiy are well illiistraled by tliu fact that he does not hesitate to eonnilaiii that the agents of the Coinpaiiy uiidenuiiie his own power iit its soiiree. writing:^ "ItM paid aj;i iits and hililiyislsj are kept at the iiatiuiial eapital to oppose any and every etlbrt that may lie made to pinniote the welfare of Alaska througli sueli lep;i>ilation as will eiieiMU'af^v innni'^iatioii and the enlist- ineiit (if capital in the developnient of the natural Wealth hidden away in her fdicsts, streams, and momi- lains : its every aim and ellort is in the direction of [Ud- loiiging its existence and strengthening' its tyrannicid laild hv a lilcnkimi- lA' the wheels of iiroirress." lIl.llM' l'( tcri/.ali'in ipmation. (fit he charactei'Ii-'cs the same ^^'lliK.' on anoiliei' [lagc Corporation in the following terms:— < "' ^ ' '• Coneeived (as there isalinndalit evideuee to sh.iw) in ciinnptiiMi, Imrn in iiiii|iiity, and mirli.red and uinwii slroIl,^■ and iiiMileiit on ill-i;'otlen L;i\iiin wrnii,:;' fidiii a liajiiess and helpless people, this ^iaiit monopoly, which rests like a bli^htiiiy; cmse upon the progress and w el- fare of this great territiay. should he tihorn of its cia- rMlitly-securcil, nnieli-iiliusnl iVaneliise with no more delav than mav he alisniulelv ni(;essar',-."' I ;r Jtiiil., jip. lo-lO. if hlii||ii|»il\ . ■iueford's cliMl'^v^ fli, reileiated in 1S> far an tiio ninount of revenue to bu derived io (;oneerned. The pri'sent Hvstein ol funning out the rookeries is not only obnoxious to every sense of right and justice, but, as I think I have shown, is in a very gre.it degree inimical to the best interests of the terri- tory." Among the duties of the Governor of Alaska, as defined in section 5 of the Act of the 17tli May, 1884, entitled " An Act to create a Civil Govern- ment for Alaska," is that of inquiring into the operation of the lease of the I'ribyloll Islands. The Act provides : — " The (rovernor appointed under the provisions of this Act shall from time to time inquire into the opera- tions of the Alaska Seal and Fur Company, and shall annually report to Congress the result of said in(|uiries, and any and all violations by said Company of tho Agreement existing between tlie United States and said Company." Though Governor Swineford succeeded in visi- ting the Pribyloir Islands in 1888, the circum- stances are practically such that it is ordinarily impossible for the Governor of Alaska to carry out the above provision. The capital of the terri- tory, Sitka, is situated at a distance of about 1,200 miles from Unalaska, the nearest place of any im- portance to the PribylofT 7 ■ inds, which lie at a further distance of about _'00 miles. There has been no regular means of conununication between Sitka and Unalaska till 1891, when a monthly mail was for the lirst time established for a part of the year. Thus, unless by means of some chance vessel, it has been necessary to send any comnmni- catious passing from Sitka to Unalaska, or vice cersd, by way of San Francisco, involving a sea transit of some 3,500 miles, while from San Fran- cisco to Unalaska there has again never been any regular mail service. It has thus very naturally happened that the whole of the western part of Alaska has been practically beyond the control of the Governor, and that the powerful Company Duty of the Governor of AlimkutM inquire annually into oiHiatio,,,, of the Company. The iuipossibility of cxccutiun ui this duty. Cuiisiis llupui't, p. 1G7. Mr. R}uii oil jiDHitiuu ut' Curaptiuy's Agents. H. R. 50tli Coii>,'., -ud ScKS., Report No. 3ya:i, p. 21.j. '281 leasing the I , ibyloll" Islands has exercised there an almost independent .sway. Mr. H. W. Elliott, tliough throughout endeavour- ing to support the pro(;eedings of the Alaska Com- mercial Company, does not leave the subject of the ambiguous relations between the ollicers oi the Company aiul Government entirely unnoticed, writing in his oflicial IJeport : — '• Tlioru renmiiis ail unwrittiiii [lagu in the history ot tliu uutiuii of tlio Govcniiueiit towarils thu proteetiou iif aual lil'o on the IVibylov ImIuiiiIs, ami it is eminently proper tliat it hIiouM be iuseiilied now, eHpecially so siiiue tlie author of this Memoir was aii eye-witness and an uetor in the seeno. When lie firHt visited tlio Seal Islands, in lbl72 -711, he was compelled to take passage on tlio veR-iels of tlie (Jompany leasing the islands; compelled, beeniise the Uoveniineiit at that time had no means of reaching the iield of action, except by tho favour and the courtesy of the Alaska Commercial Company. This favour and this courtesy, as might bo expected, was always promptly iuid generously prof- tered, and has never been alluded to as evcu an obligation or service rendered the Treasury Uepart- iiieiit. But, nevertheless, the thought occurred to me at the time, and was strengthened into conviction by 1»7I, that this iiidilfereuce to its owu self-respect aud failure to support properly the aims of its agents up there should end; aud that the Treasury Department should detail one of its owu vessels to visit, transport, and aid its otHceiM on the I'riliylov Islands, and also be an actual living evidence of power to execute the law protecting and conserving the same." Mr. Eyan, Assistant Government Agent iu 1885-8G, states:— ■■ The Company's men are siulors aud men they can [lick \\i> as best they can, and, as I have Maid hefore, they have been taught l)y the (.ioveriiineiit agents not only that everything belongs to them, not oiih' the seal, but the rocks the seal are on. I,- ■ ;■,. l''M ibia.,p. 21J. " You had to llnd out everything to be done from the Company people If the tJoveinmcnt Agents, I repeat, would do their conscious duty and not place themselves under obligation to the Company, by accepting free transportation, tte., and swearing after- wards that they paid their way, they would be much help to the poor natives." He further says : — • "Mr. Morgan and the men under him were somewhat spoiled. The great trouble, Mr. Chairman, there in that the (iovermnent officei's have not been doing their duty, aud they have spoiled the Company, so much so, that they seem to think they not only owu the seals, but that they owu tho whole island. I rill II , s i,, ' f ii •' Tliu otticciN liavu hut diPiii' tin iv iliily in .^liow iii^ || |{, ;,(m1i ('mit.'. llu'lil [the imtivi'Hj tlliit till' (lnv( lulmiit ciWiiN iiiul -ml Srcs., l{i|(iiil .1 ■ 1 11. Nil. ;ISK«, p. •_•! 1. governs tile imIiiikIm. ' Respi'ctiiig ilie incliicii'iil cmiliol liy the rnitid !^laleM'(ioveniiii(.'iit, Mr. W. Palmer, ol' the Sniith- Noiiiaii Institution in Wusliin^'lon, speaks as I'ollowM ill a paper read by him before the IU()h\>,'ical Society i'l Wushiiif'tou in 1891 : - "Hut tlk'Hi.' ih'iveH iViini l'eal iNlandH.' Hiiiiie in I87.'5-TI and l.s7(;, with tin. aeliial condition of alfairs at jnesenl on the iNlaiids, ulll eonviiiee any oni' that the oi)ininiis and iteporls of politieul appointees are almost woi'thh s^ wlieii dealiii.:;' with the fate of the fur-se.il. " How can it he otherwise? Tluir tinuie ol' olliee L'.\i«t8 only with that of the Seei<'tary cd' the Tri'asnry : with every ehanjjje of th.it oDirr new men \vlio know nothing of Heals are sent up. and these men are entirely ili'pcutlent on the Seal Company eve. ' iv their passafj,!^ and hoard while there. ,\11 visitors 1. the islandH are regarded as interlo]ii'rs and meddlers. • • • • '•l)n the lUiNsiaii side, it is a settled fact that Ihe iHlands and seals lielonj;' to the Knssian (iovernnient. and that the Company taking- tln> skins has onlyeerlain restricted rights for that purpose ; hut on the Ameriian side it seeiuK to he a settled fact, at least in the minds of the Conipany'H people, that they own the seals and the islands, while the duty of the (iovcn.ment is to eolleet the tax and appoint .\gents to suhserve the interests of the Company only. The natives are utterly dependent on the (Seal Coiiipany for thiir support, and while having a very vague idi a thai somehow the (iovermni'nt is a hig thing, tln^y naturally look to the Ce.il ml' n I-. Tu niivonimi.'iit hIuiuM U\]ic ciitim '" rniitrol. Ili'itiuli CiifC, .\l)|IUMlll\. Vlll. iii. • llnitcdStahH No. •-• (I Htll ).",), -Jl, liiiitrd SIuIi'h' Si'iiatc. Tilst Coiif.'., iJllll SCHH., Kx, Dec. 49, pp. ».'.!), lliid., p|i. 17, is. 2S:i ^s.sistiuil Ai^'fiit A. W. Livciidcr, in hi.s Hoport for H'JO, Hiiy.s :— "Tlic (fOV<'ViiincMt HJidiild tiiki' nliNiiliito poiitrol nf lIllJMI' iNlllllllM." Trca-^iiry Au'cnl ('. J. GofT likowwo rccoiii- lIUMlds — " 'I'liiit lliti ncpilitiiioiif inkc (he I'litiiMMiiaftci' ofpro- Irclinn' liiosr iiKikc'i'ii'H iiinlir itK iiiiinrdiato miprrviHioii, I'di' I ivganl liny cdlii r KyNfiiii id" pudrctinn (|hm;j,i'1'imih til llic Ciitiirc id';ill iidj. lliid,. p. :!|J. Tlio United Sitiles' Coimnissioncrs niakf tlio following (iualiiifd alluHlon to tlie want of proper snpervision and control by the Govornnient A<,'('nts on tlio rribylofl' Islands : — " III ii(Mitiiiii t(i iIk; cNtaliliNliiiiciit of Hiicli Itegnlations iis WDiild pnicticiiUy mippn'ss pcliigic komUii};', it is nti'ciii};ly I'lMMiiiiiiicndi'd tlint killing mi tlm isliiiidN l)i' KiiKJcctod tn miiiKiwlmt iikhc strict and comiit'ti'nt Hiipci'visidii. Wliilc it is not bi'liovecl that any seridUs i'iiiiso(|ni'iioi's liiivo ri'Siiltc'd from looseiipRs in tins I'l'spirt, the iiitprcHts involved aro so iniportaiil, and in Koau' rcspoots so coniplirnti'd, tliat too mncli euro caii- llld 1)(> given to the Keleetioll of the )in i|)or pei'Hons to l)e iiitnisteil witli their (^onHervation, The practice of l'i'iM]iient eliaiiges ill the (foverniiieut Agents is dejilor- iilije. 'I'liey should be so fiimiliar throngli association iiiid iiliHervatioii \ith tln^ appearance of the various rookenes as to lie the first to notice iiny chnngos wliicli iiiiiy taki' ])liiee." They clsewlnM'e state tliat, in I8D0, the Oovern- nuMit Ao-onts sent to the isbmds were — •• new moil, iiiexjierieiiceil in matters relating to se«l life." Kiiiir (if proper inntrnctioiis t. (ioveriinient Atrents. (-'aptnin Bryant, This, it will be remendjered, was at a time wlien the rookeries were speeially in need of eompetent .supervision. As additional evidence of the general want of proper eontrol on the part of the Government, it is noteworthy that no proper instructions appear to have been is.sued to the Government Agents as to their duties on the islands. Incidental ])roof of this is found in the evidence taken before th(> Congressional Committee of 1888. As early as 1871 an allusion to the same matter is fimnd in a letter to the Secretary of the Treasury, dated at St. Paul Island, the 19tli May of that year, where Captain Bryant, the Government Agent, writes : — •JS4 ES •• III lli.> iJwoni'K 111' iiiiv iiiMlrili'tii'im I nIimII lie gilidnl H H , ■•♦•'i *'""». |i_v II I'l rlitii'il i'n|i_v 111 ilii' .\il i>l ( i>nf..i' liNlHc. iiMil till- I'oiiilili'iiiN nl' |lii' li'iiKi-, iiM iviviMi liii> l>_v I lie <'iiMi|>miy." .\j»!»it< in till i;isi' of Mr \V. It. Tiiylor. A'''inliini ( Mtv.'nuiKMil N'rciii in ISSI. Tliis j;i'iilli'ni;m r\|i'!ju>intm('i\t ns 'rirtisuix \|r<'iii, lu' w;i'< Clerk of tl>o lllinoi* lliMiM' nt I'l'ini-^cntMtivi's. lie Mi. W. It. I'mIm,, " I iliil nut know win it tin' Si'iil iHkiinln wimc m( llmf 11 H . •"''• tiiiii'; ni'illii'i' iliil I know wliiit niv diilirH wmilil lnv t," '" .. Iii'l'i'il >i All lliiit I klii'W wiislliiil 1 nIiiMiIiI |ivori'i>il lit Kiii'i' to p |..'. Snii l''rilinMnro to t;iki' llii' vr.KHil. I tiiMili' inipiirv as tn till" wlii'icilmiilM i>t' ihi' iMi.imlN. l>iit I iinilil not pt ininli HjitiNl'in'lii'ii iiiiv«lii'H' .... I liiiiiliil oil SI. (ii'urno ImIiiiiiI tiitit i\ I'l « lioiirs. mill linn inociiiliil to SI I'mil Iskiinl, iiiiil " itlu'iil iinv |i<>sitivo inNtiiictioiiM I'loni llic 'rnMsiiiv IV-|'.nlinrnl. rvrrpt in a grni'inl wiiv .... I >ViiM nil \vsi«lMiil .\j;i'iil. I'lil 1 WIN nol .'uvnio of i| till 1 Utit (liovr. 1 iliKi'ovi Till lli.il 1 w:is to lio tin' AnHiHtmit AuiMit iilti'V I iMiiic ill lonl.ii I with Mr. (Min \ K('|>l>lt wlliill I lll.uli' will r\pl;|ill. )ii'lll.ips, llio li'llNOIIS wliv till' is.socintions willi Mi (Vis \vi it not iillo^'illiri' ll^iTCi .iMo ti> I'll'." .. ;imh:i. 'I'luis Mr. T. F. iJv.'in. l''ir,s| A.>;.si>l;ii\t Aj,'t'iit on St. (icofijo l.sl.'uul lVi>m ISS.'i Id 1SS7. wlii'ii a.>skiHl whclluT lit' liail ;my instniclions lVi>ni llic TrcMstii'v l>('|i,irtiii('nt. ri'plicd ;- • l!v. T. I" I!m " No. Sir; I li.iil iioiif \\ Inn 1 Irll, 1 Ii.nl sonir iilcii Iliiil . \y ol' niiilli'is up llnrc nml MsKril llir Scrvil.'irv nlnmt in Kti'in'tions. mill 111' MsKi'il mo tnwiilo inv own iiistnii'- tioiiH. I iliil not ilo so. I wi'iit up tlicii' nml roiiinl lint « srnitili ol' .1 pill iinvwlii 11' I'xci'pt II ii'i'oiil lioiil il.'iv to il.'iv. iniii'lv wlii'ii it iiiiiu'il .'iml wlion tlic sun ulniiio iiiiil till' stiiti' ot' till' tln'rinoini'lor iiinl tilings of llnit kiiiil, lint .IS to the .uoNcninicnt of the pooplo tlnii' w,i« iioihinu'. Voii liiiil to li'Miii I'oi' voiirsi'ir." .So, also, Mr. W. (iavilt. .\ssistaiil 'rrcasury Agi'nt in ISSS and lS8!t. .•sialos that he was .scnf to tho islands withoni aiiv inslrin'iions wliatt'vcr from tlie IX'partnienl. It would appear, however, lli.'it in some eases the Chief Oovernmont Auent on the islands was expected to instruot ihe Assistant Ap'iits, for Mr. (i. 1{. Tingle states that he was provided with ho\\\ written and verbal instructions from the Treasury Department. In giving evidence before the same Committee of Congress, tlu? following Mr. \V. «!Hvitf. II. K, :>)Mii riMii^, JimI Sihm , Ur|,..r( N... :|"M;I, •"■••uih; |mMH;i^r(. ihriiwlli^' riiiiliiT li;j;lit nil iliii |t'iini |.p I'ri, 'jrr.. '' Ij, hill V'lM K'*'' ^I''' Olivill |tll'' AHMiMtlllll, Ani'l't "II Sl, ()rill'frr< IhI||I|i|| illMlrlll lillllH uIhII IiM I'llllll'I'll ll|MI|l IliM ijiilii hV .1. Ill' niiH iiHHi);iii'i| liy till' |li'|iiii'liiii'iit III Si, ()i'iir^i> InIiiihI, mill I \viih nnli i'iiI In |iliii'ii liiiii Hull Mini iiiHli'iii'l liiiii ill hill iliilji H. I iiiHti'ili'Iril liiiii IIH I'lir UN III' VVllH ril|i;lli|i' I'l I'll I'ivill)^ illNlllirliullH, Wi'lll IInIi I'l' Willi liilii. Mini hIiuWI'iI llilll III" llllllliH ill llii' • illii'i', mill liiiw III' wiiM III l.i "ji tin III. I |iliii'i'i| II I'lijiy III llll' ll I'l' llii' iij'i'lils III' llii' I 'iiiii|i:iiiy. 'I'lii' siilijiiilii'd C.Xl CfU'lM lllivc .s|(i'i'iiil lii'illili;' III llir ilisl liinilii ilii'il Hllliji'i'l : \ir. II. W. Klliull. IK7.' 71. Mr. 11 W. I'.lli.ill SI. y- II II . .MMli <'iiii,r 'Jllll S(> i> 1 1 i, ll.J !l ir m] . ip^ 1^' Ir '^ *i IP •280 . . . Wliiii Hio s> ills arc (Ml tin' j;toiiih1 tin- M^-fiit n' tlif Aliiiskii Ci iiiiiiricial Ciiiiip.r.iy stands liy tlio licnl wliilo flif'V ain l);iiif;- idll(i'iiin\ I hey ask the asfiit oFtlu.' f'cimiuiiiy it'tliL'VO ari' any move in tliat lot wliicli 111.' wants. It'lio clioiisus any ot" tlio . ;)any's] cliavgc. that is. in vl ;i,';\ rd fo their care and eoini'ort." Mr. II. A. Oliddeii, a Special Agent of the Treasury Department at the rribyloll' Islands from 1882 to 1885, in answer to the qu-.stion — '•.\ndthona; flic kiiling-grounil who superintends II. K.. -"I'ltli C'oiii;- . ;!ie sclo. tion "f thos-c to he killed?" v"^'roeo' „, .Nil. .!8bJ, p. M. Mr. ''"ayl'iv. l.Ssi. Mr. liliddeii. l.s.si-s.-;. ■• Tlicy are llieri' liiid'Hed np, and llieii tiiey are II. \V. I'lllioll. in scp;i,'ale,l. ah'Uit liftv at a time— eoralled as it «er, — II. I{., l tth Com..-.. 11. 1 • 1 r 1 • , • '^t Sess.. Kepiin .■Old the ^n]iunatend«'iit ot (hat [tlic scpar.itm.u'j is one _\,, i;-j;> ., -jo. I'ftlic ciiipleyes (it he roiiip;niy." One (if the witnesses quoted in llie Case of the I'nite I States. Mr. U. N. Claris, gives ;he fallow- ing "V Ic'.ee. tVdni wliii'li it leaily aofiears lliat he, as a Cnnipaiiys oHict'f, w;is personally in charge of the se;iliiij_f jnid natives coiidiietiiig it : — ••from l.^'.si ,o |.->.S',<, iiichisiv e. I w.is in tlie emplny t ait.vl .SlaUs' I I'll, e ,\laska Comiilereial ( 'omp.iliv el' San l'"l;ii,eiseo. * use. p I JS ; ,,,,,, ,1 , , .VlllU'lllll.X. vol, o,' St. (icor^c Island. .Maskn. enn'aj^i'd tlironjili eaeli i,,,. |.-,s. |."i!t. Kciilinc- s, .is.iii as Iniss of a j;'Mn'.;' of seal-liunters. and in llic winter, exeeptin;;^ tliat of l,s,Si; ,,|,id 1,'<,'S", as leael'cr ,'iijd stoij'kecper mi the island. .My work as tlie leader of tile sealiii;;' i;an.i;' f;'ave me as prifcet opportunity as eimld lie li;ol for studyiii.i;' tlie hala'ts and peeiiliaritii s • ■!' tile seal ;iiid dell riiiiiiinL:^ the host mMiie'i "f earing' for them. " Mr. Maconn, also, reports that all work con- iie.ted with the choice of haiiling-grounds from .Mr. Cliirk. lS,s.l-,Sii, Tile ('oniiianj''s a;;'eiils e.'i'i.hij siinikir control of killing' in l'*- n^^ 28? ri Appi'iulix. vul. i. p. \r>-2. wliicli sfiils should lie diiven, llic diiviiiL:' ol' tlir seals to tlie killiiiif-yi-ound, jind llic .selfclion there of those that, wci'e to bo kiik'd, was done by tlic agents ot thi' Company, or the natives acting under their instructions, duriuu- tlie season of lS!t2, when he was on the i^ianll■^. [•-"»!>] L' J ■JS8 ■Ik i!< u^: m I ' I'lr.MTBK XVf. MiiiiiujiiiiDit i-f till' rrihi'hijf IhIiiikIs III/ Hnittmt uwl III/ thr I'liitril Sf.Hrs ((■(inrMniei*^. /iiililr<(inl^y .'i^' /'rulcrtliiii : h'iii(/n. Tim: ftsiikv J(^'Atks' Com kvt ions, rl.i Ciiilcil Stivti'«' (V«'-. |> l'*IH " l*«iils iijidti tin- i-iwiIuM'ir Of till' iinliiwfiil killiii); of si'iiIk on (lie isliiiuls Uy iiuwaiilliniizuli |i('fsmiK. tlioug;1i iniuiiiMiK 111 sciil lifr, liU'S'jiflayf'l II" i'"!'"!''""' I""'* '" till' liistofv of tlic fo 'kcrii': . i*^ni tlic fmv lliMiiSiiiiil skiim lluis si'cnrril inner iilTri'liwI tin' niiiiilici if lli>' scill lii'vii til any ox lent. " {■2.) T'liili'il Sliiti's" CiiNi', (ip. ITt-. IV' ••Till' ' mill tlicoi-v," tliiTi'fiiri', iiiiiy In- clismis ''il lis iin- wmlliv .... of sorimis niiisiili'nitioii . . If ollior laiils liiicl laki'ii |ilin'f liosiilt'.s tlioso, llio fiiol wonlil liavo oortaiiiiy lirrii Uiuiwn on llic isliimls." (;).) riiitoil Stall's' I'ai.. , |i. 17.'i — " A fiii-llirri'\ iili'iici'of I In' infri'i(iiom y of sm'li iiiniauiiiin^ is fiiitlwr -liowii Iiy till- nfliiliivil of Mr. Max Hi'il- linmiuT, Si'iTi'larv of tlii> .Maskii ('H'linii'rrial Coiii- (lanv, as ciiini'iliMl fiioii tin' n'l'ords of .iii.l t'oiiipuny, mill till' Kliilonuiit ioni|iili'il liy tlic Tioiisurv Di'parl- Mictit I'l-oiii till' ri'portsiif tliiir afjriitH iliiriiiK' AiMiri- i-aii ooriipalioii. Ilirri' Uriiik' Imi sivli'i'ii siioli iiti lUiioiiK ri'poiliil. if otlii rraiiN li*! Iiikiii placo liosiilo (licsc. till' I'ml woiilil liivvi' I'l'itainl* Iiavi' hoi'ii si'cn on tlii' liri'i .liiiu'-^ri'owiul.s ill tin sliapi' iil iloml cnri'aiiiwTt of piipN Mini ollior srals." SiMMXia "1 l!i;iii-li Ui I'lV. Till' pviiti'i'lioiiof till' PiiliylolT Islainls iit^^iinsl llir oiBi'nitMHis iif •■ raiiliTS,' uiilawl'iillv killiio.; srals upon tin- islainls, has liri-ii iiiaiii'|iiatr. if not h1io1I\ ilirHicioiil ; ami tlir roiisnpu'iit ilaiiiasfi' to .sral lifo upon tlirso islamis llils lirrii '. I'l-y t;ii at. Tlir l!i'pn;-ts iif Airriits, wlirllirr llioso i.f tin' (iovi'niiiiriit of till' Cuiiipaiiy Irasiii}; tlir i-ilamls, nii' pracliriilly iiiinni- iiiniis to tins rfl'r.t. Tliiiiii;li \ i >m'1s wcri' kiiciwii, at Irast lis c.irly as 1S7:!. to li;' oii^iafrnl in mills, no (liivi'i'iiiiii'iit vosi'l wassiMil loprotii'l llio islalnl.i from raiili till l.'^TT: ami, tlirn altrr. as latrly as ISS!^, it is Nlnnvii that a simrli' vossi'l was I'liaiKO'l "i'li ''n' w liolo patrol iliily in Hrlirins; Si a, ami that this vessel spent must of the time hiimlreiU of miles to the north of the I'riliyloff Islamls. Inokiiij; a'.lei' the \vlialiii;_' interests. The I'libvlolT Islamls have lliiviijrh.nl hieii utterly ilefi'iiee- less, iiml ('a]italii Ahhey, 1' >< K M , reporteil in ISrit! that Iweiily men nii'.'hl eariy H«ay the whole eiidlmf sealskins from the i.slninls. anil riiiiilar evi'.lenee e.xislH of the imiileipmte pioteetioii of the rookeries up lotlio year 1W»2. Ti,e ilefootive knonleilge as to the luim lor anil ehnraeter of swell " mills" piLssi'ssoi'i liy tin' .iiipaiiv lea8iii(j the islniuls ami hy the (ievernimi if thu I'liitoil States, in itself afforils proof of the iir ii (Vu'ieney of protection. ill Miilliniilii'.-. ciiiiciir In iliiiriii' Irii/.iiiL;- jiri'tiTtinii III' riil,\l(.|)' MmimK ii> ii:t'lliiii ut. K.(i|\ iii'l.iiH I .^ ■'! Mic'c'.vsl'iil I'liiiliii;;- i|i|i|rr I iiilc'l Stnli's' iililliii;;'c- 111' 111. I'liii 'il Sriiic- I 'use, |i. 1.'!:! I'illinilly in iiid.n in- I iiitcil SliitoK •"lAiTlllllrlll til Sl'lld ri'Vl-MlH.'- Illt' !■ lor |ilM(i .'li.!!!. I'liiti'd SliiU's' (,'riisus Uo|Hirt, liji 1(17, It)'''. 28!) Tri tlio C'lSf of the Tlnitod Slates, it is attonipted to rniiiimisc llu; {miunwy ol" rriids witli tlieir .•iltctidiiiil (;oiis(!(ni(;ti(;f;s on llu; J'riljylolT Islands- Stateirients jin; furtlicr quotod in support of tlio ass(!Vlions lliat raidinjf must lie sodiflicult, and the (^liaiicos of detoc.lion so many, llial it is necessarily very seldom j-raeliscid. Till! eontcntion tlius advanced forms part of a •.'ericral dcrcnce of llie metliods employed on the Trihyloir Islands, which is made the preliminary to the as.settion lliat the killiii;,' of seals at sea is iIk! sole causf! of the decrease in numbers observed on th(? islands. It re(jMircs, however, only a reference |r) the various oliicial Ueports of the Kniled States fiovcrnni'-iit to find, that how(!ver diverse the opinions expi-css(Hl by thr)se who hav(! held r)flicial positions on tlic I'ribyloli' Islands, whether under the Oov(Miiment or under the (/'ompany, they are almosl coni])let('ly in accord in statin^; that the measures taken lo prolerM. the islands have been insutricicn! froii first t() last. In a larj^e propoi tion of these iicporls, and in evidence given at various times, I his insuflicieticy of protection has in fact been a chief sul)ject of complaint. To substantiate tliis statement a few parlicidars will be given, and some sperKir c()ni])laiiits from among many cited. 'J'lie excessive slaughter of seals on the I'riljylofT islniids by men who were virtually raiders in 18('i8, is elsewhere iiliudi'd to. Numerous vessels are known to lia\c engaged in raiding lliese islands as early as IS?;!, some years after the date at wliich, according lo the United Slates' Case, efficient |)ossession and control of tlie islands had become assured. Mr. II. \V, l'"lli()ltmay be quoted as authority on this point, and to establish the fact that not until 1H77, and then only as the result of his owa persistent eiuh-avours to that end during four years, was a r(!venue('ulter detailed for the purpose of giving a certain measure of protection to the rookeries as against these raiders. Mr. Elliott's statements ar(! contained in his official I'epnrt, published by llie fiovernment, and are as follows : — "Karly in 187;5 it hecanio well known on tlic Pueifio const that the ullireis of thi; law on tlio sc.al isliiiidshad no means of enl'oreing the Ueyidutioiis pnitectiiig the seal life on the Hiiiiie or in waters adjaecnt ; lioiice, a taunher of small enift, fitted onL at San FraneiNeo and I ' . '. I u i 1 f W'^ m 290 I'Oiiti'ffiioUH ports, wliidi (•l('iirc(l t'ni- (]ic Nintli-wust count ii 11(1 tlif Alintiaii Islauils on ' lisliiii^!; vi'iiturcs'; Init, ill I'oiilit.y, those vcssi-Is jiroccivli'il diroctly to tlif watois luicl vocks ailjucont to tin: seal iKlaiuls, wlicrr, in jilaiii siglit ol till' villa;i;t' on litlu'r isk't, (iioy nliot tlic Nwiiiiiiiiiii;' seals with assuiiinl indidurt'iin' mihI j;irat afloftatiou of Icgalityl "III ofdei'. tlu'rct'oi-i'. that tliis -plain violation of law and its diwastroiis (•onHei|U(.'iici'.s shonltl he ftl'fitiially punished, and evaded, I pnhlisiied, and personally nij;i'd in 1871-77 the nrf^i'ut need and jjci'eat pvojaiely of enahlinp,' the vesponsilile Aji'eiits of tlie (ioveninient on the I'ribylolf Islands, to eiifor<'i> the law as well pliysi- eally as it could he done theoretieally ; and pointed clearly then to the advantaj;-e and .Ifect which a revenue marine cutter would have (■iiiployed for this purpose. 15y rejieatod and untirinj;' appearance hefore the Coin- mittec on ,\pp -opriations in the Ilonse and Senate, I finally secured the legal autlnn-ity and the iiionoy for the object in view. And the late Captain Hailoy, in the • Uiehard Hnsh.' made the lirst cruize in the heas(>n ol' 1877, that had heeii properly ordered and sustained hy the (iovirnment toward the direct protection of the seal islands and its vahialde projiorty thereon since 18()',t."' Nip such [llcilrrlinli IJH \^~] Mr. W. H. Taylor, Ansislant fioveriiinent Agent oil the Pribvlod Islands in 1881, s;iv,s : — .\,i;cn1 \V. II. Taylor oi, |„,w, i in's> lo jiroicct ill issl. "These vessels will take occasion to hang- arouii.l the II. H., '>V{\\ Conj:.. islands, and when there is a heavy i\,g- to go on the t"'' A"*"";-.' '*''I""' rookeries Very often The Government Agents pp. ."i.(.-.%^, there are utterly powerless to jircvent the killing of seal or to jirotcct them in any way." And, further, in speaking' of tiie single revcnue- ciUter, sjiv.s : — " They never hajipen to he there when needed, and as far as their rendering any service whatever is concerned, they were practically useless so far as the ISeal Islands were colicerni'i 1. That hi^ 1 leell the exp( 1 In ,f .-d! lliive Ihcii ihcri The .same jientlenian fur'her ^ay.s ; — '• \ man that was desperate em nigh to ti >e eliaiH'cs, and knew the situation. I do not think it would he at HI a si'liooner all a dillidiltjoh t< make an outlaw of myself 1 could tak ^vanted, and not have anv trouMe at a If I ited to the skills I Ihi.l. i'4. Mr. l.ouis Kiiniuci, .\ssi.stant Trca.sury .\o;t,-iit on St. Geoi-oc Island IVuiii May I8S2 to Aiigu.st 18B.'i, after (lescrihing a raid, sa\s: - It [seal lifejoiight to he nim-e protected hy having lliiil. |i 10 venue-cut telH. revenue-cutter, oiilv th At that ti then was oiilv one ■le once a-vear. I • * V^nil II. 1 A. .li' (Hi. 1 ill (ii'ii 1 S.S2 'iiiii -S.'i. [iliiiii.-; Ill' :■ If., .-idiii I •Jml/'sfi., If, No. :!SS.' )>p. -Ji; -Js. iiiijj' pi lit \ ...111 W:iriliiinii |iii\vcii .s ill IS.S.l Ihlil., p[ :;i. :;.- Ij'lll I'V'III ' ill UK ill 1 ■lliiicnt S.sT. )riilL'ili lliiil I'!'- ■J I J. M..I-, III, ,1 IIIIV. i;vlil 111' |,s,s,s. lllr Coil ll)iJ. |l i;i. .11. \. Willi.. M^. iii:iiiiii;-i'r III' iliL' r |iii ly. |S,S.><, lliiil . I.. In; \.M'nl (I. 1{. 'I'iii-lr. ISS.'.-^^'.i. Ilii.l.. p. I'U. •291 Mr. II. A. (iliddt'ii, Govcnuucut Aifcnt in cliarge of the rrihyloll" Isliimls from 1882 to 188."), in giving evidence before tlie Congressional Com- mittee on the Fur-.>kiii'^ tlcic .Mr. O. A. \\illian\-. one o the mnnagcrs of lh(,' .\l;isk:i Ciiuiiucrcial (,'om|)any, also, in lSfS8. st;i!cs that the prolcclioa accorded to tic I'riby- loir l.-lands \v;is iiisiidicicnt : '.Icil there had been iiK ri'.'i^eil (Irprcd.-ili: ills annu;dly upon the rookeries; and that ihc re>-<'nue-cutter was lVe(|uently .-ibsint during the grcuic.' pa.t of tho sealing season. .Mr. (i. li. Tiiiulc. I iovcriniirnl .VoenI on the I'riliyloir Islands from ISS.") to 18',)!), before the Coiiimillec of Congress, iu 18S8. said; — " When I tinik cho'^-r ul' tlif islauil.s tiny wcii' pr.iiti- cally without prntectiun. The (invcrnnieiit had iiiio im I ! > i m i i I .'il ' -'.! ; mi ii! I 202 itlii- In ivuW.i- ill liciinn Sill iiihI till' /\r'li'' Oiriin SI II' llllll'lv I lllli'il II t till' riir-Hi'iil iMlamlM, tniil; ii limli lit UN,'i'nii'/^i'il roiiMil im iiiiij tlun wriit on ii|i to tlic Alrtii', liMiiiitiiiij; tlii'ii' nil KiiMilii' !■ mill til' II iiiiiii' ilnwii ill till' I'jill, riilliiij^ III till' Hi'iil iHJjiMils, liMil< ,iiiiilli< r look III iiH iiii'l llii'ii li'l't for Sun l''i;iiiiiHi'o." (!.i|)l;tiii ( 'ii.'iilcs A. Aiihi'y \v;is, in JSSti, in roiimi.'iiiil of ilii' I'nili'd Stnli'i' i('\iriiiii' riiltcr ■•('iirvvin" III' \v;is i'ii^';i;.'i'il lii.'il. yc.iv in [iro- 1 rii|iliiiii Alilii-v Jiloti (fi 'II III' 111. i. lit Icclin'' till' M';u I'liiiki'rK'i, ;ui(l s;ivs •|'l I'ri' IM no riiiHoii uliv llio i iit'li III III I' M'lll |S|,|III Im H. II ,:,oiIi (,' in;'. lliol. Ill- hIoIi'II llllV I rolllil I; I Ur il \i MHi- iinvlioily with tvviiily Iv ill iIImiiohi'iI Io. I lillll Si'KH., IIl||llll No. :;wm:(. ,,,,. jih Hill iMi'ii mil I JUi tliiii! mill kIi-iiI till- wlioji- I- ilili mi'l ^ro uwity wit it,. 'I'll I'l' IM Mioi'i' til III :i nil .V llioli ijol IiiIh' unrlll of Hi'lll iiiiM III III" iiH'ii'S' III iiiiv iiiiiiiiin I' I', .'lllll llll-l lll'l'll II II n ;i iiajii'i' ri'.'i' I III I'nri' iIk; liiii|.)''ic;il Sm-iol v Mr. W. I' lllll' r, jH'jn ill \\';isliin;.''i)ii, Mr. W. ''.■iiinor, iis liir i-osnil uf his inv('slioaii.,ns in IS'.IO nn lli.' I'riliyloU' I^liimls, s|ii','tl;-. ,is riillnw- ri"j.'irilino llm ini'Hirii'iir\' ■I III' till! |irii!l'rli ■ III ; 1 1 -I I III ii'il Id |Ih->I' i'-l.'iniis ; •S.iil I'lH liiivi' no Ion III iilioni till' full' lliiil \M.ii|i| III. " p'onsl inul till ir lot if I'linj^lit iioiii'liiii;;' on lli'' ( 'oinnimiilir iHlmnl.M ill or \vitliMi .1 nil l.'M of llr iiMi' i-lioiis, mill iii'i'oriliii;jly liiivo .■"lii'iiiii, (iiliilii !■ L';!. l^-!i|. j^ivi'ii tlii'iii ;i vviilr III rill, lllll llii-y luivo liirilorori- iji JIM tlii'y pliiiHi'il III mill I III- I'riliyloir ImIhiiiIh, miil I'voii i III' lold'lii H. ill llio n lllll iHlmiMM m'o iilli'iN' lllirilll'l I I till' ri'Vi'iiiii'-i-niti ■lillllli i-M mill lilliil' III 'nil'! 1 o III- l;l|i| II ,'in I'lli'i.'il l;i'|iiii I, iliilcil llii' '.'llh llrli(l)ci'. A-.nl .\, W, I. ivi lull I in j.H'.iii IK!)'), ;iii(l wiitliii IV on; SI 'iiil'."' Isl;ini AHsi.sl.'iiil .'\oiMil A. \\ . I,;i\'. Mrillili ( .'iiiiimi'(> kioinfH' lUiporl. piira /Ti."). (;i. ,il itijiny '-nnmr] hy rn'uln. IIjM jmrn 7t')J. Sic iiUi) l.nitcd SUtch' (':i8fi A|ipcn'll«, \r<] ii, ;i. 217 \1,M '{ pioptr prfi'iiiili'iiiM 1,11 VI mil I ill If*',)!! Appciiilir, iiil pp. i:.:i, I. -4. I'lvi) listii ol riiiiJK ill tJiiit<;(l .Sl;ili'i> '.'oM' i|ii nut (•()rr''Kpon(l, iirid Imtl 111' ili'-.'lllJilrU'. i(ii|i(|ll:i|i' |,ii,|ii|ii|i ' 'nriiinicHiiiiiiiH, r/nit('i| Sllll.•^' f'HKI', Appi-Ilill,( vol. i, p. .M'.l ; i Appcmlir. Mil P ■."'. 293 known of tlio ruir are Hiiek- lirig their young. Moreover, the proooHs implioH iliHturb- anec of the breeding rook, mule, feinale, and young, and tlio Htamiicdiiig of whole rookeries, wheritl)y, with- out doubt, th('re e-n.'-iieH that great killing of liel|)leHH pupH which we have already reported wo obnerved in oortain nxjkericH." '['hat tlio protection iVoni raids lias not Ixcn inalf^rially imjiroved even in 18!)2 i.s .'iliown by the fact inctiticmcd by ^Ir. Macoiin, lliat llicrc wer(! no guanl.H Hiationed at rookeries on St. I'anl Island except at North-cast Point, and that after tlie mildle of August the telephfjne line cfHinect- ing this place with the village was continuously out of order. 'J'lie only rookery on Ht. Tieorge Island on whi(di there was a guard was Zajiadnie, and there the guard consisted of an Aleut man and a boy. Ilie statistics furtiishcd in the Case of the I.'uited States on this subject eonipri'(! lists coiniiiied by the United Slates' Treasury iJeiiart- nient and by ^Ir. M. lieiliironner, S(!crelary of the Alaska Coniinereial Company. It so happens, r*' how(!ver, th.it these lists in Iheniselves allVud an exeelleiit index nf the exceedingly iniperfceL knowledge of both the Govf'rnment/ and tlu? Company as to the actual frequency of raids upon llio islands. Tlie Treasury Department list records eleven raids only, between lS7t and [249] -^ U TET n~ mi ,1 294 1889, both years inclusive; while the Com- pany's list shows no more than six raids in the same period, and one of these is not ennnionited in (ht Treasuiy list. The list of detected raids here subjoined shows about thirty in tlie sanic. years, of which fifteen are recorded in various official Reports to the United States' Govern- ment. The followinfT list, however, merely includes known raids since 187 1 : — 1874.— Uaid of "(lyRnet" on Otter Isliuul, SOtli August, 1874.— (Wni. J. Mthilyns II. R., Ex.. \)ov. N... 83, 44tli Congress, 1st Session, p. 12!1.) IhiiJ t)f "Cygnet" on St. (Jluurgo Island, Ist Si'i)ttni- bcr, 1874.— (Wni. .T. llflntyro, H. I{., Ex. Doc. No. 8;!, 44th Congress, Ist Session, p. 12;").) 1875.— "Snn Diego ' raided Ottor Island in 187.") ami took 1,600 skins. — (United States' (.'ase, vol. i, p. ,')11».) "Cygnet" raided St. CJeorgc Island, 187:).— (Hoport of Itritish Commissioners.) 187t). — " Cygnet " and '■ Ocean Spray" raided Otter Island 2l8t June, 187ti. — (Heport of Ih-itisli Commis- sioners.) 1877. — In 1877 the "Industry" is recorded to have "touched at St. George Island for the purpose of taking seals. (Report upon Alaska and it.s people. Hailev, p. 13.) 1880. — Great East Rookery, St. George Island, raided 1880. — (Webster in Report of IJritish Connnissiouers, paragraph 742.) 1881. — Otter Island raided between April and August 1881. [Taylor reached island in April and left in August.]- (\V. 1?. Taylor in II. R. Report No. 3883, .■)()lli Congi-eSB, 2nd Session, pp. 54, lOU.) St. George Island raided the Ist September, 1881.— ■ (George Wardmau in II. U. Report No. 3883, 50th Con- gi'esB, 2nd Session, p. o\K) "Otter" raided St. (leorgc Island in Ootober 1H81.— (Appendix to Case of the United States, vol. i, p. .")!'.', and vol. ii, p. 2'.'.) 1882. — East Rookery, St. fJtorge, raitled in 1M.S2.- - (Louis Kinniiel, II. R. Report No. 3883, 50th (Jongress. 2nd Session, p. 271.) Captain Folger says, in his aflidavit, that the schooner .\])|)riiili\. vol. ii. be connnaniled and another anchored ofl' St. Paul Island !'■ ''• from June until September, running in and raiding the rookeries whenever the weath(U" permitted. These ves- sels were probably those referred to by Captain Miner when he says : " I have frequently heard of raids being ii,ij.. p. 7:j. made on the Pribvloif Islands. In 1881 or 1882 two I.i.sl ol'jiilnally recordc d niiiU ri.>iH l«7l1olS'jl. •295 iclioonci'H nnchorcd to the northward of St. Paul for iiuaily tlic whole Huramer. They woi'o tho '()tti}r' nnd ' AIi'XiiihUt,' vessels owned by Liobos and Co, The ciiiitiiiiiH (if'tliuir VL'ssels told nio 80 thonwelvos." iss;!. — Scliooiifr bonrdod ofT St. Goorfjo Island the KUli ( )itiiLor, IHH:\ ; ;50() skina wore on boiivd.— (George \\'iinliiiim, II. 1{. Report No. n88;t, 50th Cung^^■H^ 2nd Si,'-si(jii. J). ;ii.) \'(Ks<,l loaded with 5pals captured at St. Georgo Island while the crew wore anhore. — (Glidden [1H82- 18HI), II. 11. Report No. 3883, 50th Congres.1, 2nd Scs- eion, )). -'8.) 18>l)or, 188.1.— (Appondi.'c to Ca«o of United State.-i, vol. ii, p. aO.) js.s.". — hi 1885, Webster i'ound that men had camped (ishore !i.t St. Geijrgo Island. — ^(Report of RritiBh liehring Sea CommisHionera, paragraph 751.) .Iniie 1885, 500 ficals were killed before vessr>l de- tected. — (Appendix to Case of tho United States, vol. i, p. 51!).) In 1SS5, three schooners wero cajitured at Otter Island : one. tho " Adele," by Webster, Lieut. Lut/.e, and two ine-n. — (Report of British Behring Sea (Jominis- sioners, paragraph 751.) Starry .\rteel Rookery, St. Georgo Island, raided, and (!(!() seals killed "several years ago." — (Jlorgan, II. R, Report No, 3883, .''• Dth Congress, 2nd Session, p. t!4.) :.'0tli .Inly, 1885, GOO or 700 seals wero killed on St. (Joorge Island.— (.Vppendix to tho Case of the; United ytates, ;-ol. i, p. 51'J.) 20th .Inly, 1885, 500 pups and 500 females killed on St. (ieorge Island. — (Appendix to the Case of the United States, vol. ii, p. 211.) [This probably refers to same raid as two first preceding references.] Raid on St. George Island in 1885 or 188() ; 112 seal- skins found by T. V. Ryan.— (II. R. Report No. 3883, 50th Congress, 2nd Session, p. 212.) At Starry Artec], a raid was mado the 22nd ,JnIy, 1885; 120 seals and 200 pups wero killed. — (Appendix to Case of United States, vol. ii, p. 21).) l.sSil. — .Vttempted raid on St. Georgo Island 1886. — (Tingle in 11. R. Report No. 3883, 50th Congress, 2nd Session, p. 17-1 ) In 188(), Morgan found carcasses of 800 female seals on shore. — (Report of British Coiumissionors, paragraph 752.) Raid on St. George Island, 8th August, 1880.— (Aj)- peiidix to Case of the United States, vol. i, p. 511t.) [249] 2 Q ii .( 1 ^^.1 . l- 'tl 29G ,'!! IhM 1 i }|,^ \ I If , • H M fM i "San Diogu" captured in 1880 with 574 Hkinn on bonnl, as well ns cliibH, pup skiiin, &c., proving ruid. — (Tingle in II. I!. IU'i>urt No. il88;i, 50th Congitss, 2nd ScsBion, p. 17j.) "Look-Out" rniilwl Seal Isluncls in 1886 iiuti 1887.— (Report of British Commissioners, purngraph 7.')2.) Kiiiil in uutiimn of 188i) or 1887 [not the one notud above].— (Morgrin in II. U. Report Ni>. ;)883, 50tli Com- gress, 2u(l bession, p. 90.) 1887. — In 1887, schooner was seen shooting seals in water North-east Point, 18th, 21st, and 25th July.— (Report of Briti.sh ('ommissionerH, paragraph 7,';i.) 1887.—" Angel Dolly " captured near Otter Island th« 28th July, 1887,— rll. R. Report No. 3883, 50th Con- gresa, 2nd Session, p. 332.) Steam-schooner shot at from North-east Point, 4tli August, 1887. Seized by " Hush," and proved to bo "Kate and Ainia."— (Report of British Commissioners, paragraph 753.) Starry Arteel Rookery, St. George Island, raided in August, 18S7. Signs found by Wi'bster. — (Report of British Coiuraissioners, paragraph 753.) Raid on Reef Rookeries, St. Paul Island, 1887. 4,300 seals taken.— (Tingle in II. R. Report No. 3883, 5()th Congress, 2nd Session, p. IGC.) In 1.S87, Webster heard boats shooting close to shoro. — (Report of British Commissioners, paragraph 753.) ''Angel Dolly" raided St. (Jeorgo Islond in July, 1887.— (Appendi.s to Case of the United States, vol. i, p. 519.) 1888.— In 1888, schooner anchored at Soutli-west Bay and sent boats asliore. — (Report of British Commis- sioners, paragraph 7.V1, United States' Case, Appendi.\, vol. i, p. 520.) 188!>.— In 18811 the "Angel Dolly," "Allie Algar, and (itlii r vessels raided St. George. — (Report of British Commissioners, paragrapli 755.) Raid on St. George Island in September, 188!l. — ■f Ai)pendix to CiiS-- of the I'nitcd States, vol. i, p. 520, and vol. ii. p. 29.) The "Edward Wcli.stfr" raid on St. George Island in Miuei's cviiJeiicf', l.HSii. " The ciiplain told me of this himself." ApponiliK. vol. il. ]f(()0. — Vessels reported killing seals near shore in Auu;nst, 1890.— (liepnrt of British Commissioners, purn- graph 7.V). United States' Case, vol. i, p. 520.) September 15, 1890.— Six boat.s' crows landed at Zapadnie, ar.d^ killed about 180 seals. — (Appcndi.x to Case of the United States, vol. i, p. 520.) November, 1890. — " Adole" raided seal rookeries.— (Appendix to Case of the United States, vol, i, p. 520.) p. ,:j 297 MiiHi's tviJiniT, III IS'.IO in Scptonibor tlio "(i. R. Wliito" mndo araid A|.j)i'i..lix, vol, ii, ^„, j,,^ islaudH, and from whut I wan told bv tho moii fill lionrd of licr, notliiiig wiin known of it ou tlm iNlandfi,* Several raids or Qttoinpted raida in St. Ocurgo iu I8!if).— (Ueport of British Cuminisaioners, p. T^>7.) " Cliallengo " raided rookery on St. Georgo iHlaiid 17tU November, 1891. — (Appendix to Cubo of the United States, vol. i, p. 520.) "IVjrealis" raided rookeries ou St. Paul 27tli No- vember 1891, and ovideaco is forthcoming from meu who took part in the riiidu tn nhow that ut the tinio a '■utter was anchored at tho village, her lightH in Right, The raid waH inado upon South-wcHt Hay. — (Appou'lix to Case of tho United States, vol. i, p. ,5iO.) Appotulii, pp. IKMK". Sutnbcr of undetected ituiU 'aniioi be estimated. Connection of H. Liebes and Cn. with raids and with North iVmciicuu Commercial (."orii]-an_v. It is hard to form an estimate of the numljer of uiuletected raids ; but the facts previously given with those now mentioned indicate that it must have been very great. It is furtlier noteworthy that the firm of H. l^iiebes and Co., of San Francisco, of which Mr. Isaac Liebes, the present President of tlie North American Commercial Company, is a member, liave owned two vessels, the " Otter " and tho " Alexander," which arc well known to have persistently raided the rookeries on both the Pribvlofl' and Commander Islands. • As to raids of " Georgo R. While," " D.uiifl Webster," " Mollio Adams," " Adole," and " Look-O':t," sec afSdavits of C. J. Kelly, p. IGt) ; Wm. Petit, p. 171 ; W. E. Bilker, p. 174 ; C. N. Cox, p. 177 ; Theo. Magucpon, p. 179, in British Oaso, Appendix, vol. iii. " United States, No. 8 (1892)." I Y'fei Ii' ^■■l ^X 'm: vN. tM IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 128 1^ ■ 2.2 1.4 1^ 1.6 /^ -^r^*' ■> Photographic Sciences Corporation 23 WIST MAIN STREiT WEBSTH.N.Y. M5M (716) •72-4503 SJ v ;v 4 ■, ^*'<^ %^ \ ^ <^ ¥4f m: CHAPTEll XVII. Management of the Prihyloff Islands by Russia and hy the United 5 l)onotit which hns resulted from the mitnatfcment of these islands under the system adopted in 18"0 hy tho Congress of the United States." (2.) United States' Case, p. 141 — "When tho United States assumed control of the Terri- tory of Alaska the condition of these natives was wretched in tho exti-eme, tiio Hussinn-Americon Com- pany having' neglected their welfare, and forced them into practical slavery." (3.) United Slates' Case, pp. 114, 115— ". . . . The management of tho I'rihilof Islnndfi hy the" United States has raised the inhabitants in a few years from a stote of ignorance, wretchedness, and seiMi-barbarisni, which seventy years of tho Russian Company 8 occupation had failed to alleviate, to n condition of liberly and civilization, which Kuropo and America need not feel ashamed to find among their citizens. "The civil government of tlie islands is provided for by sections 1073-1970 of the revised statutes of the United States, under which the Agent and his nsgi.st- ants arc practicolly tho (iovernora of tho islands. They have the entire conti-ol of the natives, protect them from the impositions of the Irssees and agents, if such nro attempted, and see that tlie supplies required by law for their sustcuance are provided.' SiMMAKv OF Bmiisii IU:ri.v. i 'W, The people now resident upon tlie PribylofI Islands are li'il nativ(s properly so.called, but Aleuts, or the descend- ants of Aleuts, imported for the purpose of killing Fcals and curing the skins. Tho islands wero unin- habited \ihen discovered by tho Rnssians; ond the number of so-called natives is now so small that provision may easily he made for their support, irre- spective of any questions relating to the sealing industry. The condition of tho native inhabitants of tho I'ribylofl' Islands is, further, by no means so satisfactory as the Ktateinents given pi-ominence to in the Case of tho United .States would indicate. 0(1' iai Keporls show that their advancement towards civilization is small, and their tauitury condition bad. The treatment accorded to tho natives by tho Company leasing the i&hinds has thi-oughout been governed by principles of self-interest; and inteiferenco by tho Government, in the interest of the natives, has been wanting or pi-actica'ly ineffective. /ti'iiiiii'MlH ill United Statc'U Ca«» land on improvement in «'<>n- (lllioii lit' iintivM. Uiiiiccl .Statcn' (."iihe. pp. U-2-Ul. r,,' :- (liscloisoil by official Hopuits niiidadict the contenfionh in rnilfd Slates' (^ise. iJavis on condi natives in 1870. Special prominence is given in the Case of the United States to statements respecting the improved condition of the natives of the Pribyloif Ishiuds, resulting from the beneficent efforts and conduct of the Government Agents, and those of the Company holding the lease of the islands ; and in addition to statements of the character cited above, Messrs. Bryant, Mclntyre, and Falconer are further cited to present an extremely favourable picture of the condition and surroundings of the Aleuts living upon the islands. We are, in fat^t, it would appear, asked to consider the commercial monopoly endeavoured to be sustained by the United States as a philanthropic enterprise, largely justified by an improvement alleged to have been brought about by its means in respect to the so-called natives of the PribylofF Islands. It is submitted that all the statements above summarized are wholly irrelevant to any question with which the Arbitration is conversant ; but as the Governmejit of the United States have im- ported them into their Case, it is not desired to leave them entirely unnoticed. The notes and quotations from official Reports made to the United States' Government, and from other published sources in connection with the general history and nature of the management of the Pribyloff Islands since their cession by Bussia, put a very different aspect on the slate of affairs there from that set forth in the United States' Case. In addition to incidental remarks already made in connection with other branches of the subject, a few notes specifically referring to the circum- stances and treatment of the natives may here be added. Major-General Jefferson C. Davis, Cummander of the District of Alaska, in his official licport, dated the 20th August, 1870, addressed to the United Slates' Secretary of War, writes . — • 1 ' 1 ' i Ilepoit of Hiivfi "The natives are peaceful, boncst, ami capable of Miijoi-Cioiu'iiil transacting ordinaiy business quite well, and would Dcimvtnicut of d()ul)tlc88 improve themselves it tliey iiad a taivclmnco ; Aliiska (o .St'ui'ctaiy but their present complete enslavcmont and robbery, by iVd'"' '"^'^ '^'' '•" unsc-upulons ring of speculators, will ever prevent HUch progress." I)i. \V, 11. Dull in 1874. In August 1874 Dr. W. H. Dall, then in charge of hydrographic surveys iu Alaska, in a letter to 800 Messrs. Elliott aiiJ Mayiiard, Government Coni- niissioners to the Pribyloff Islands, writes : — " Tho Itiissiansloft those people with tliuii-sclf-reliiuicii KlIiott'M '• Iti-pori enfeebled, but their iutoUigeiico and morals elevated to ".(Affai^pnn"'"'' Homo oxtuiit above their original condition. Wo have Alnslcs," 1870, flono nothing to Hiistain them in this position, nor to l>- ■■''^' cultivate their Bolf-relianco." B hi Dr. Dall also stales in this letter, that the Aleut "^'''-1' -^■-■ natives were absolulely dependent upon the Com- pany leasing the I'ribylofT Islands for sea-lion skins with which to make their canoes ; and that, con- trary to the Kussian practice, this Company .sohl snch skins to the natives, and restricted the sale to Hiich of tiie natives as brought furs to them for sale. He adds ; — "Thedcsoriptioii of men who gain their livelihood as "''" ■ P' ^'*- fur-traders arc, with raro exceptions, unCt to be trusted with absolute power over unresisliug natives, notwith- Btinding the possible high character of tho distant Iiendu of the Company who employ them." He further adds : — " There is absohitely no law, no means of protection, HkiI , p 2:5^. no redress for injury for any citizen of tho United States. to Bay nothing of natives Suppose some net of gross injustice should occur, in what way would tho unfortunate Aleut make his troubles known, if his long cxpericMOo utider tho Russians, and disappointed hopes under tlio viirioim visits of United States' officials, liad not taught liini that tho bo«t way was to bear it in silence ? " In respect to the absence of law and any pros- "'"' I' -'' pect of redress at this time, Mr. Elliott fully concurs with Dr. Dall, though contesting some of his other statements. Dr. Dall further writes : — .Vbscnco of law m- rcJr Ms. " Tl:cre arc no gruinids for stating, nor i» it my ''''•'■' fipinion, that tlii' prosoiit Company has abused its position W'Vc tlinii any other would do in the same case ; this, however, is not tho question at issue, but whether it is consistent withtlie honour of the Government and with its duty toward a pvoplc wbc) occupy theposition ofwanls of tho United States, to leave them in a condition whero the groRsest tyranny is possible, and where gradual de- gcQcration and relapse into barbarism is certain." Lieuleii.ant W. Maynard, U.S.N., in his Report transmitted in 187.'), alludes to one of the matters referred to bv Dr. I). ill as follows : — ^:!:{. Lieutunaut Jhivnard, Wo. " As the Special Agcnl.'H of tho Trcasmy Department, {'■ ^\ • '^^'l ^'""tf < who are the only represi'utativesof tho Government attho Oyp' |';j ' '7' iblau Is, have not boon invested as yet with any governing Agent W. B. Taylor. 18H1. H. R., 50th (Vnjf., 2nd Sods , Report No. 3888, p. fJ. i/f law or roUrai Agent Murruy, 1890. British Case, Appendix, vol. iii. " United State > No. 2 (1891)," p. 19. United Stntoh' Senate, 51st Coiiif '2nd Sess., Kx. Doc. 40, p. 7. SOI power, it NeeniH iierussury that some infiiiiK should be provideil fur securiiiji, to nil eqiinl i>roteotion in the rightH iif'pi'i-NoiiH luid proporty. This cnuld l)o iicrom- pliNlii'(l fur the prcsiMit. iit least. Iiy giving them iiutliority siiiiu'whut siniiliir I" tiiat of m .lusticc of the I'fHi'f. iiiaiiiiig thiMii rosp(itihii)|i> \,, \Ui- Souri-tiiry of thr Trc'iiMU-y for the propi'r pt*rfiinimiii-i' <•( lliat duty. iih tlifv arc for that of liumi' with wliich (hey an- now I'liargfd." Mr. W. 15. I'ayhir. who w;is ;i .^^pciial .\gi'iit of ih«' Tre.isiny Dt-piul incut on St. (ieorjre inland in 188l,8ii}sof the I'oiulitiou of the native people at that time :- - •'When I hnidt'd mi St. I'aul Ishuid I found tint tho pi'opU' wore in a very deplorable condition — made no l>y the freipient and coiibtant use of wliat is known an i|naHH, a lieveran;e wiiicli they lire w when the.> arc not niolehfed liy tlie Sp^jcial .Vn'"' "f the Treasury. 1 fmnid that at least one-third the peojile were in u condition which ninde it impossible to do what was exiieiled of theni by the Company; in other words, there are so many nun t)n the inland, and their .services lire absolutelv nccesNary to e^rrv on :dl the Inisincs^ ,'ind do the seal woii; ; but .lae-thiril of iheni wer'- irnapacitated for the ri'ason I have slatecl. Ami I ehargeil them, and I I'lmrgo now. that the Agent who had control over them wan directly responsible for it." Assistant Agent Murray, writing in his Report of t't. George Island as late a.s 1890, says : — •• It would be an impossibility, however, to do nntch towards establishing a sanitary system of value until we have better water and a more abundant supply than is possible under existing eonditioii.s •• The present supply of water for domestic purposes is nbtained from a well into which the drainage of half the village linds its w ly. ".nd the wonder to nu' is that the people are not constantly sick while they have to us.- such drinking water. I'liere is a nic- IVcsh-water lake within '-'.OOl) feet of the vilhige, ami fully 'lO feet liigln.-r, from whitOi a constant and never-failing supply of g.io.l water can be taken if you can have 2.0(10 feet of i-inch pipe and the necevsary hydrant and fixings sent here. •'A drain is the next essential to .sui,.fN and one of 700 feet in length can be (big easily; ami .. dl suffice to carry nil the dirt aiul oftal of the village into the sea. It will lie necessary to have THO feet of 12-inch drain- ut Miiynard, 187.>, pipe The total absence o f water-closets on this island is a dis'Tace. and is beyond all question the cause of more innnorality, disease, ami death than all other things bined. That such a state of things has been allowed coil) to IXIS t for t went V years is a disgrace ti> our civilizntie presen id I do hope you will insist on the ] 1 the Department to have it altered nt once. [249] t lesse SJH I {I' ^^!| Sil 808 P H ''Tlio suliji'L't iH 8o iibomiiiiiblo i dure not write it in a public Iteport. •' It irt abHiilutt'iy noet'ssnry, too, that at leant six of tlio (Iwulliiig-hoiises bo enhirgod, as tho fuinilica now occupying tlii-ni Imvu not room to live as huiiiuii buingH shouUI. It may bo true, aH many uDKurt, that under KuBMian rule tho natives were not houned ouo-hall" ho well aH tiiey aro now ; but Bueh argumentn aro of no avail in a country like ours. When a family of hovoii persons, of all ages and sexes, are packed in a uleeping apartment meatinring 10 by 10 feet they aro not treated right, nor does tniv tiuvernmeiit intend to have such things existing where it has Jurisdiction. " Tho dwelling-houses aro badly in need of repairs, and tho attention of the local agent, Mr. Wobster, has been called to their condition ; but as ho is to leave the island this year, it may bo necesHury for you to meutiun •t to the (iencral Mauagcr of tho North American C'om- Mercial Company." The Ihitish (."DniniissiuiuTS in I heir lieport do not enter ;it any irreiit length into tho question of the ountlilion and treatment of tiie so-call.id natives on the Pribyiofl" Islands, They point out, hoiVcviT. that these people are not in reality "natives' oi' the islands, hut desi'ciulants of Aleuts iVoni ih" Aleiniiin Islands, hrou^dil thither hy the l'ti-~>i:iiis. nii.xed with recent imporlations fnun tlie same i-laiids, Tlu-y alhuh' also to the fact tiiat ih'' vvhnle luiuilier of these [leople is so iiisiifnilii'MMl (about .">liO) as to render the ({Uestion of the Id! and niainur of proviilinjf lor their siii>pi>il one whii-li eaii scarcely be allowed a place in the discussiiin nf the ifeiieral iiueslious relatiii" to the ((iiidilion of the natives as a whole, or to the measures appropriate for the protection of the fur-seals. Tiiey also note that, although the material condition of these people has Ijeen improved by the industry oi taking seals on these islands, it is difficult to luiderstand on what grounds - •• tile Kpecial iidvantages of a material kind alfonled to liritiHli foimiiih- tlicsc particular people as distinguished from othei-s of s'ont'rs' Report, till' same racr, and [tartly at the expense of intorfereiieo with the rights of hunting of those inhabiting the Aleutian Islands can be advanced as a vilid argument in favour of tho perpetuation of a conunercial monopoly of fur sealing.'' It is still further stated that — Kemarks on origin and treatimut vi so-called natives in Hritisli Cui,,. missioners' Report. "it is also clear that tho so-called natives of the islands, though luidor ordinary circumstances provided for in ccrt'iin respects by the leasees according to legal Ibid., para. 724. Iti-itmli (.'iimniiM- Rjoiii'i'it' lirpui't, pnm. 725. W.) ■in'iiiigriiii'iil, liiivi' ill |iiii-l tiiiK'S nut iiIwiivn Im'C'Ii aiiiolij;; till' tiift olijoctH (it° tlifir Hcilicitiiili' \ siiigltt iiihtaiire, to wliic]) it lm|>pt>iicil tliiit our attoiitiiMi was •Irnwii, limy \k'. cited fur the piu'iMiHc tit' Hliii\viii{<; thiit tlio iiativuH, oVL'ii in rocoiit yciii-H, rcciivi'il im inoro tlinii Btrictly ' coiiiiiicrciiil ' treatnirnt.'' The reference licre made is to the entirely inadeqn.ite allowance of coal given to the natives up to llie year 18!)1, on account of wliitli, and in tlie absence of other fuel, the people found it necessary to employ their earnings to buy additional coal from the Company at its own i)rice, which was fixed at 30 dollars (G/.) ])er Ion. iri^iu mill treatiiitut oi' | natives in Hritisli Cmu. ' Report. Vt * [249] 2 U 2 ao4 ('iiAiTi;i; xviir. ''lIi: SKvr.-sKIN TXIHSTIIV. Tin: Umui' Sr.vif*" ('oxtkntiuns. (1.) United StatHs' Case, ii. 26(>- •' Prior to 1870 nil the fur-st-nl Hkin», nave a few thoniiatiJ, were iimrketeil uml Rolil in I'liinii \ few skint however were piiit'hnseil in Knglnini. " ['2.) United States' Case, n. iti7 — " It was not until the lenNC of the Pribilof Islanda to the Alaskii Commercial Company in 1&70, and through I lie united effortH of that Company with C. M. Lamp- Hon and Co. that the seal-skin industry receive*! the impetus whieli hai built il uji to its pn sent eonditinii." (;t.) United Stiite.s' ("use, p. 'JlJK - ■• The destriietion of the Alaskan herd means praetieally the nnnihihitiiin of the seal-skin industry of the world. Therefore, the extent and value of this industry, the consequent loss in ease pelapic sealin;; is not pro- hibited are mutters (or eoiisideration." (+.) United .States' Case. pp. 271. 27i) " It is neecsbary that the supply should be eiuislant and ivjrular. otherwise there is fjreal danjfer of loss to the bnyei-sor sellers through lluetuation in priees, and the business of buyinjr and .selliii).( become siHJCulative . . It is thert^fore evident that even in ease cpen-sca sealing eould Im carried on without insuring the destruction of the herd, the results would demoralize and procti- eully ruin the seiil-skin industry, now m) tlrmly estab- lished." (•'>.) United States' Case, p. 281 — "It is very questionable, however, whether there is any real investment in Canada in pelairie stalinif. " (II.) Unitrt "That the investment of these adventurers in pelagic sealing is s|H'Culative, generally unprofitable, and, when compared with tho seal-skin industry of Great Britain, b'rance, and the United States, which is dependent njion this seal herd, very insigniticant , ami that the profits, if any, resulting from pelagic sealing, arc out of nil proportion to the dostruetioii that it produces." .siiMMVi;> lit Hniri^H lUen. The far-seal)busine.sF, prioi- to lH70, constituted a considerahio part of the fur Iraile of Oi-eal Dritain. The esistenceof pelagic sealing does not necessarily occasion an irregular supply of skins. The principal fur mer- chants are practically uuanimonq in opposing the sup- pression of pelagic sealing. The capital iiermanenlly invested by Canada in the sealing industry exceeds the rapital so invested by any other countrv. The propositions sought to be established in the Chapter oi" the United States' Case f'om N'o itepaiuto indugtry, excfpt iil Houroes of Bupply. rnited Suiph' Cn«e. p. 'm. 'Ap|)enilix, V( p. US 305 whicli llii' ;ibov(! citaluui^ .in- lakfii wmiM npjx'nr )«> Im' llif li>lli>\vii);^ : — I. Tli.ii tliri'' Jn n (liMiiirlivf niul M'liaratc lur M-al-skiii iii"lii«ii\. aiul llini this il|(lll^lI•\•, mi far as* filial I'piilai:! i> roi ri,r. piior lo IS?" iii!«ij;iiili"aiil and \va« in iliai yi-ar i-li»'(l ihroiii'li ilif iiiiili'il cll'cirls cif ilic Alaska < ''uniin'i'i'ial < 'onipaiiy :w\ tlicir aL'fni- in LuiKlnn II. J'lial pf'iajjii' >"'aliii^' inudiici's mii iiT('j.'iilar supply wliicli i-i niiiioiis lu ilir- indiisiry. III. Tiint llu'rr is lilllf ■ apiial in\.' llic Ii'ImI "•lllti- frilli/t'il l)y Niilcs III :ill i.iw I'lii'M iiDil >kin'< it) London with lluw nalizcd l>y I'lir seal"-. It in <'s|iiuat«Hl thnt furs of all ili'si ripiioii'* miIiI in ( treat Hrilain tealizo niiiuially over l.'.'OO.dOd/.. and llic lolal unU'H of t'ni-.M':d skins (lakiiij.' for ixatnplc 1SS7) rniiisl Simi-h' atnounl to aboni I'lO.dOO/.. so that ihf soal-skiii ,."|"'''j^ ,r',*(t'|.' Jmlustry i'oiii|H)scs in point of valm- loss llinii .'18 JHT ciMil of ilu« lolal fur liad«' of CJrt'at Mritain. Of this l.'iO.OOO/., at least 17t»,(»0(t/. roproscnls seal skiim di'iivi-d fn>iu otlior Mourf«'.'« of supply than the IViliyloll" Islands, mo that i( will l>i' seen llial llic value of I hi' seal-skins comiiij; from the I'ribylotV Islands does not exceed 24 per rent, of the whole fur lia(h' of (Jrent Uritaiii. As re},'ard« liie amount of the total labour bill to be apjuirtioned ti> sejilskins, it shoidd be roineinbered that other furs, bein>j for the inoHt part cheaper, are more numerous than soal- ekins proportionately to tiieir respective prices, and therefore would, as a mailer of fact, require more hands to deal with them. It should .ilso be borne in mil. \ with reference to the large capital engaj,'e(l in the business, that so far as brokers, merchants, and wholesale and retail furriers, and dressers are concerned, their capital is not in any way sunk in the business, but is only temporarily embarked in it from year to year, .lud is not perni.anenlly invested, as the capital of the Canadian schooner owners is invested. Should the seal-skin trade diminish, either through change in fashion or scarcity of supply, other furs would no doubt be m.ide fashionable in their stead, and furriers would at once, without loss or difticulty, transfer their capital to them. This is .also true, to a lesser degree, of the dyers' engaged in the business, whose plant would, to some extent, be available, provided the new skin made fasliionable was one which required dyeing. It is therefore, obvious that apart from those engaged in the actual capture, there cannot be said to be a separate and distinct fur-seal indu.itry in the sense suggested by the United States, but that the trade in seal-skins forms in truth but oue portion of n larger and more important industry. The contention, that the seal-skin business in Great Britain owes its existence to the efforts Si'id-Nklii lin-.iiHNH |iiirl <.| ^'iinil fin- llllilr. Ciipitid f Unite.! HlatON* intc'it'Nl. Tile ''onlKhtion is, liowcvtr, i, is suSniilted, (|uil(> fi'i'oii.".iio, and is dispi'nvi'd nt onr«> l)y n A|.|M.mlix, vol. ii, |,!len!U(o tu tliu 'I'liblfs L'ivtii in iln- Apnendix, wliic.li aru Huniniaii/.ud liunuindur, dearly Hhuwiiig thai the Hual-Mkin industry lias, at all evoutH from an early dalu in tlin jtrescnt eenlury, formed n must inipurtant purlion uf the (iuuduu fur trade. Vi'ur. IM27 1H2K I8J!» IKll lH:<:i I Hit I. IHX". IhUti is:»7 IH3H I8:l'.i 1H40 18tl l8tJ 18141 IHU \Mr> 1 841! 1847 1818 1849 18.10 1851 18.V2 18.13 18,14 18.15 18.10 1857 1858 185!) 18G0 18til 18fi2 18«:j 1804 1885 18G0 1807 li68 ISG'J Ainiiiiil 'I'dIiiI \ Aiiiiiiiil i)f AvciTiKt) (jiiniiliticH { urtjiiitiililiiM ollV'i'inI fur iSiilo . oil linHiN ill lioiiiliiii, I iif Trii YufU'H. 1827 to 1869 77,120 74,940 72,091 .10,18.1 ;10,740 4 29,155 -2 > 32,4-14 \< ► 47,471 a 'k }» |iii 808 The abovp Suininaiy does not include italen by privalo ctmtrarl, oxcepl tlioxc made lliroiij^li MiftxiM. (>|i|ici\licim. N'o tij;iirt'« as to otlier |irival(' sn\vs iin- :.\ lilablc. altliiiii;.'li no doubt iIh'V iiuiitt have bt'cn ((iiixiilcral)!!". w V li . i: Tilt' .M'l'oiul c iinti'Uiidii alioM' advaiici'd l)V tlie I'liitt'd StatoM ill favour of I 10 .xui)j)rct.'Mi()ii u( pclngic t the variation in the supply anil |)iie»' has been considerable, but this is due to the result of the opeiaiion nl'the iihuliis i/ci'//(//. and lo t'xag^oraled iiiniciuis of all descriptions circulated in coniiectidii wiili ihe prc-eni \ibiiraiioii and the antecedent nei^otialions. When ilnsc elenients of unceri.,inty pass a\va\. theif is no conceivable reason wliy the ■>ea'-skiii supply should not con- tinue !o be as i-vtii anil coiislanl as that of any other of the numerous furs dealt with in the trade. That llie fears expressed arc not shared by the fur traders of (ileal Britain and I'la ice is proved by the fact that, with the exception of the apet\t« of the Xoitli American (.'oinnieicial Conipanv, and their i)arliieis in trade, Messrs. Martin and S)ns, those eiif/au'ed in the seal-skin business of (ireat liiitain. and ;il-o ilie liini of Messrs. Ki-villon, of Paris, who do a business of l.()(»l).l((.)0 fr, a vear in seal-skins, are piactically idl aiiiecil in slalint; that they are iiui in tavour uf ihe piopos.'il that pela<_'ic -<';ilin;.' should lie siippiessi-d. 'fln'Sf men of biisi- lie s nia\ piesliliiei to k their iVlilgii' HCHling dues lint irrepiilnr f|iuiiilix. \i>l ii. '.•!. and thi'V dread the existence of a monopoly which I'l'- -•'" - the i>roposed suppression ol pel.'iL'ic .sealing might lend to create. 'fhe iliiiil coiilenlioii is. that iheie is little or no capital invested in the Canadian jielagic industry, and that, compared with fur-.seal industries in other eoiinfries, the Canadian industry is .scarcely worth consideration. In advancing this contention, the Case of the Uuiud SUI.s Tnited States throws doubt upon the odicial '""••"• I'- ^'"' Ueturiis as to the value of the Canadian fleet. p,v v.iliio of tliL' Caiiuiliaii lluit. A|i|N'iiilij(, vul. ii, |i. -JOO. I'ri'Nciil valni', riiiluil Stiitt's' Ciui', Ap|iiMi0 ani in i-xci'si oj' iliosc ;.'ivt'i» lor tli«' year 1881). Ami tin- ii'iniiik is m.-ulc I'lal it is (lifliciilt to NOO how til ' \v. ir ami tiar kI' ;i vi'ssul cai> .HpiM'o-iate ilsvalui'. U will be seen, liowmrr, mi an i-xainmiltioii ol' the (locunifiitK in i[ii(>!«(ioii, that in llit! year IS'JO tiiu number ol' the lieet iiiiil lonsithiifibly increased, ami not only this, 1ml tin- new scsscjs added are ol' a higher (;lass and of a ninch ninr(> costly deserii)- tioii. The I'ucliM, that each year conipeiiiion produced its natural result.s. Owing to ihi! demand lor tiieir services, skilled luiuters beianic particular in seh '", » vessels iu which they wouhl servo, and thoy u \ iined to go lo sea in vessels which did not contain what they considered adcipiale acconiino- i\i lionai'd e luipmenl. Also, tiie di'sire to obtain u oetter price fur the Mkius caused the owners to couHtruct the new \essels so that tiiey .should afToni ;;,'reatei I'airditiei tor ll.iyin^' and salting. Lhese improved methotls iiave iiail no donbl an imporlaut I'lTed in enhaucint,' the value of north- west skins. Mr. Milne's li;.ques I'or tiieye.ii' I8S!) are practi- cally conlirmed by Mr. T. T. Williams, a gentle- man chielly cited by the United fctaics on th'j 4Ueslion of the value of the Canadian licet, and he further testilies to Mr. Milne's honest;- and correctness. It is true that ho diiriis from Mr. Milne in the total of his values for that year, but the dill'erence is not very considerable, and there is no reaaon for sujjposing that Mr. \Villiams, a San Francisco journalist, is on this point a l.>etler authority than Mr. Milne, who is an e.vport in such matters. As regards the actual value of tlie licet at the present time, the Canadian risheries' l!eport esti- mates the value for ISUl at I2.'),l.')0 dollars, and the British Commissioners at ;{5!),000 dollars. As, however, the tonnage increased from ;{,2ol Ions in 181)1 to 4,uoO tons in KS92, the present value of the fleet on the basis ol these two estimates would I.- about 572,1)08 dollars and 1S.".,7GS dollars respectively. It is now, however, possible to rei)lace these estimates by more exact figures. It will be seen that 8Vi}ru statements have been obtained from the tiie owners ul' all the Canadian schooners, and [249] 2 b 310 the results will be found set out in a Table in tlie Appendix. The following is a Summary of the Table :— Avcraf^ Valno Total Toniiajfc of l-'lei't. Total Value. Total per Ton of the Fli-i't. On the Yew. Valnoof IJasis of Outtit. On the Dasis of the Value the Valuf. the Value of the Outfit. 1 Dollars. ] Dollars. DoUaiB. Dollai's. 1891 ;!.;.'<;i -87 :i6.-.,icii) 194,r-J8 111-9.3 17103 1892 4..V,0-t8 .>O7,7O0 272,109 111 -57 I7i-;t7 In this oomiectiou it is worthy of note that an estimate of the valiif of the pelagic iieet of the V'nited States for 188!) is given in the United States' Census Bulletin, No. 12.'!, J 89 1, and from this it appears that the value per ton, including outfit, is 160 dol. 54 c. This would tend to show, when the improved schooners of higher value, built in 1889, 1890, and 1891, are taken into account, that the value of 171 dol. G3 c. is not excessive. The capital thus permanently sunk by Canada in the industry compares favourably with the capital similarly invested by Great Britain and by ihe United States. Tiie capital permanently in- vested in London is represented by certain perma- nent i)lant, estimated bv the United States at 5"'''*"^ ol"'*"'' ' * Case, I). 27.1. 80,000/. (400,000 dollars). The capital similarly engaged in the United Slates amounts to U)0,000/. British Coinmis- (iior.erH Keporr, (500,000 dollars), Ijut of litis .-iboiil (iO.OOO/. ,,,.. mo and 107. (300,000 dollars) represculs capital invested by Uniteil Stales' citizens in itelagic soaHng, and onlj' the balance of 40,00tl/. (200,000 dollars) is cm- ployed on or in <'onncction with Ihe ialatids. To the above-mentioned sutn of 40,000/., an addition no doubt mtist lie made to cover the permanent plant of dyeing works in the United Slates, but as omy a few thousand skins per annum are dyed tiicre, this addition must be inconsiderable. A Memorandum is given in the Appendix by Mr. Gleadowe, of the British Treasury Department, Aiipeiiilix, vol. ii who, in April, 1 892, was sent by the British '"' " ''' Government to assess the amount of damage sus- tained by Canadian scalers by reason of the modus viceiuli having been put into force after Vahie 1)1" riiiica Slilll.^' ilrit. (M.'iioral cliaraclcf ut tlif licit. 811 tlie seal season hail artually coramenced. Mr. Gleailowe's inquiry was in no way made in con- nection witli tlie JJiitish Case or Counter-Case, and his Memorandum is confined to an explana- tion of the f;eneral position and character of the tlect. Speaking of tiie sealinj,' lleet generally he states: — ■'Am ivpii'du the McliiMiiici's, 1 liiivi' lii'cii iiiucli ini- prcMHud with tlio cxi'i'llciicc: (if tlm way in whifli, as a p'lioral rule, tlicy aro Imilt iiiiil rtiiiiid iti every rt'spci't, (iDinparcil with oiMl't nt' a siiiiiliir tmiuago in other in- diistrioM tlii;y aw- i!X[) 'iisivoly litted up, and cvorythiiip;' about thoiii ap[>.'ars }j;>i'd, iiuiri' liko yaclits than lisliinij-hoats." riiitci status' ilrit. I'm"-! (■! (,'(iiislruclion. A'jQ 111 vessi'ls. ITiiited States' C'nse, p. ^7C, Tlic jMeinoranduin explains that the schooi^ers have accommodation for twenty or thirty men, and all are arranged and fitted in a way that would he out of place in an ordinary fishing or trading scliooner. Ill the United States' Case, Mr. Mihu-'s estimate of 100 dollars per ton as the cost of building tliese schooners is questioned, and Mr. Williams, figures of 80 dollars are stated to represent more nearly the actual cost. A reference to ^Ir. Gleadowe's Memorandum, however, will show that Mr. Milne does not exasijierate the cost. The Jlemorandum, after explaining that the best and most lasting vessels came from the Eastern States of Canada or America, or from Yokohama or some other port of Japan, states that tlie schooners engaged in the trade cost from 53 dol. W c. per ton up to 145 dol. 50 c. per ton. As regards tin; age of tlie vessels, it is sug- gested in tlie Fnitcd States' Case that a con- siderable number of the vessels of this fleet are old and unseawortliy : but from Mr. Gleadowe's Memorandum, it will be seen that the majority and the most valuable of the ft)rty-four vessels into the value of wdiich he inquired have been built within recent vears : — .1. ►') ( i : >■ ■>■.-., laniL'tcr ut llic licit. [249] 2S 2 S18 \m> 1S7-.' 1875 •• ta isrr .. .. 1S8J ISSt! is)jr 1S'.V> ]^9\ SoluJonors .. 1 .. 1 .. 1 Tiiat vossfis I'liiiajU'il in soaliug art' spoi'ially oonstnu'toil for tho imrsuit in which thoy aro t'injiK>ytHl, ami an- unavailaliU^ tor any otlicr, is shown by the following extract from tlie alliilavit of Uii-lianl Hall. Stcrt'tary of the Victoria Scalers' Association : •• TluMo is iii> oim.st tiiulf tiu'V ojui < iigagc in, nud Apjinulix. vol. n, ilct'ii-sou titiliiiijx {■: so tar a tailun' i>wiiig to the p'l'iit ilistaiii't' tVinn iiuirki'ts and prat cost of trausportntioii, tliat if tlic scalini;' Imsiiifss wi re stopped from nuy oaiiso. tlic eiitin- lli < t now onjjajjed in tliat junwiit wonld ln> pmotieally valueless, it would cost nioro to take liny one ot" tlie tleet to tlu> Noitli Atlantic coast than such seliooni'i- would l>e w.n-tli whiu tliere." The schooners useless |'„r ,.t||,.r trn.l,'< This is contirmed by the IJcport of the British Coininissiiuicre. who write: — "Tho oenlimj-vessels are seldouj n-ed in or titted for R"*'-"'' f'ommis. .1 I .1 1 II i -.I • > • , sionors Keiwrt. otiier I luploynieiit. and nearly all ot tiioni renunn laid ,„„, iix; up in ii;irl>our Ki'tween the d: tes of tho elosin^- nnd oponini;' of ilic s.alin^' season." Commentinij npon the iicrsons owning the schoom'rs, the I'nitcil States' Case states that thev "are as varied in their occupations as the V""'''' S*"**"*" • • _ ' I use, p. i!f<.>. purchasers of lottery tickets : .lUil the saiiic spirit which imliwes persons to risk their money in the iattor h.i8 pcrsu.ideil thom to take their (-Imnce in the sealing business. Tho facts show that the persons owning the schooners arc what one would expect tliem to be, vi/., persons who wo\dd otherwise in\ost tlu'ir money in coast shipping, and o!i this point Mr. Gleadowe state*: — •' Some of them were old sailoi-s, who have invested Appomlii, vol. ii. their money in a schooner and .siil with her themselves. ''' "'^''' but the majority are men eufjfivged in trade wlio have The scliooinr-owiiii-s. 313 Siliiil'ii' "I" pt'l'soii'i I iii|ili>y('>1. I''"" lor ..thrr till, |,s A|)|K>n(lix, vi ciiiir-ciwiiiiN, II. i. I fittod out iK'lioiincrs ivs tln-y wouM iiivos* tlifir luour-y ill niiy iitlier spci-ulntidii." It is submitted tliat the owners of schooners will l)ear comparison with tlip sharehohlers ooniposinj^ tlie Nortli Anu-rican Con^mercial Company, or any other mercantile imdfrtaking. As reparils tlic number of people employed in the Canoiliaii industry (as distinguished from those owning or having interests in the schooners, or engaged in transportation), the Tables already referretl to show that there are now emjjloyed in, and depending for subsistence upon, this industry 1,458 persons, viz., 1,007 whites and 451 Indians. As to the wages obtained by them, Mr. Gleadowe reports : — " The men employed upon n Kohonnor are paid, some by fixed wngea and noini' by coiiimiosion or lay on nkinti tnlcuii, and itoiue by both, 'i'lins, cooks niid Meauiun are ((eni'rnlly paid wiigt'H only, and tliosu lii^h ^va^('K frtun 3i> to 60 Uiilims a-iiionth, iH'BiiicN bdurd ; Imt liuiitvi-s, wUcllifV wliitf (ir Indian. Jirc paid by liiy nlily, nnd tlin iiinount of each varies fmni 1 dul. .'lO e. to 3 ildl. .W c. II Hki'n, or even more, flio nvi ingi' biinp; about ."? dollnrs. ... A jjood liunfer may ea»ily make 1,(MH) or 1,.V>0 dollam in a ncason. . . . "lie cnpfaiii nml mate art- paid mainly by waps, bi t aUo have, in addition, a hniall lay uii the Kkini* ; the ciiptain ut'trn ^ets M dollars a-niontli, and !'."> cents or 5(1 cents en every skin taken by the schooner, anil the mate 10 and .'><> dollars a-montli and a lay on every skin taken by the stern-boat, which is specially under his charge. Wher« no lay is j^^vm the captain will p-i liijrlur wages — in some cases lOo dollars.' The Indi.an huniers appc.ir to be especially dependent upon the industry, and with reference to them Mr. Gleadowe writes : — "In nianv eases, the entoncnunt of the moi^ii.* riiT»«// deprived them o{ their only nuans of livi liliood. nnd I I annot hut fear, from what I heard t'n n) tiie Indian Hfi'cnt. that very p-iat ilistress r< sultiil in m.iuy Indian villiipK np the coast ironi ]iroliibition." I'or the reasons above given, it is submitted th.il the investment in Canada in pelagic sealing is substantial, and that the claims of those engaged ill pelagic sealing — whose interests are directly involved in the decisions of this Tribunal — cannot with justice be neglected in tlie consideration of .any Uegtilations >vbich may allect the futtire cf this important industry. n f \ i i I ;1, J if 314 CONCLUii'rOX. It. 1!) submitted, that the facts detailed in the l\»regoiiij,' Cliapters establish that if any regula- tions artectiug pelagic scaling are to be made with a view to the protection and preservation of the fur-seals in or habitually frequenting Hehring Sea, it will be necessary for their elFoctive working that, concurrently with such regulations, there should be enforced prtiper limitations and restrictions upon the taking of seals upon the Pribylofl" Islands themselves. That any rsgulations must be assented to by all nations whose subjects frequent, or are likely in the future to frequent, the waters of Uehring Sea for pelagio sealing, and must be framed so as not uiululy to restrict or interfere with the Justifiable exercise by all nations of the industry of sealing at sea, which is in itself a perfectly legitimate method of obtaining the benefit of a natural product. 815 OHAlTEll XIX. DamagI':8. With refori'iico to the claim for damages mentioned at p. 12 of the British Case, and the l)articiilarH set out in the >Sciiedule thereto, Great Jhitain will claim, in addition to the amount there stated, the sum of »)2,8t7 dol. 12 c, the amount of expenses incurred by the Government of Canada in connection with the proceedings iM'forc tl'.c Supreme Court of the United States, with the view of establishing the illegality of the seizure of the " Sayward " ; and the Arbitratorii will be asked to find that such expenses were incurred, and should be included in the amount of damages which Great Britain is entitled to claim. The Arbitrators will further be asked to lind wliat catch or catches might have been taken l>y pelagic sealers in Behring Sea without undue diminution of the seal lierds during the pendency of the Arbitration. In connection with the latter claim, it will be shown that thn Government of Great iritain have l)aid to certain Canadian owners of sealing- schooners the sum of 100,234 dollars as compen- sation '"or disbursements made by them in contemplation of a voyage into Behring Sea, which had to be abandoned by reason of the enforcement of the ihoi/kh rivemli of 1801. ' I *'-T • , ■1. i- ^ HE UNITED STATES. No. 4 (1893). BEHRING SEA ARBITRATION. i^• ARGUMENT 01 HER MAJESTY'S GOVERNMENT. t. 't' Presented to both Houses of Parliament by Command of Her Majesty. March 1893. f\ i=n»' LONDON : PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, iT. MARTIN'S LANK, niNTCKK IN oaDINART TO H» UAJKHTV, Anil to be purrhued, cither directijr ur thruugli unjr Uooluoller, fru i EYRE AMD SHOTTISWOODt:, Kaht tlARUivo STRKEr, Vimt Stkiit, B.C. 32, Abinqdon Stkibt, WKiticin8 iiiincl in Article VI of tlio Arbitration Treaty Propoiitions mnintiiincd in I'urt I of the Argument Statement ofviiryina ehiiractor of the United States' contention The arrangement . • Russia, White Sea ,. .. ,. .. •• Itehring Sea and Sea of Okhotsk .. .. .• •• (.'aspian Sea .. .. .. .. •■ .• Uruguay . . Chile , . . . . . . . . . Argentine Kepublic , . , . , , , . Japan . , . , Irish oyster fisheries . . . . . . Scotch herring fisheries . . , . . . . . Ceylon pearl fislicries . , . . . . . . Australian pearl fisheries . , . , . . . . . . • • France , . . , , , . , . . Algerian coral fisheries . , . . . . . . . . Italian coral fisheries . . . , , . . . Norwegian whale fisheries . . . , . . . . Colombian pearl fisheries Mexican pearl fisheries . . . . . . . . [311] 14 2C 27 27 31 83 36 39 ■II 41 43 43 44 45 46 40 47 47 48 48 48 43 50 51 51 52 52 53 53 53 51 51 TABtS OV OONTBKTS. ill Pag* Rsamination nflrf^nl principlei referred to in onnlysis of forrign Inwi .. ., M I. Kxtra-tcrritorial Inwit of a State hare no applicatiiin to forvigncrs .. 55 II. LawR of Great Urituin hare uo eztra-territnrial application to foroignen f P III. British Colonies hnre no power of rxtra-territoriiil legialation fur 58 foreigners. . . , . . . . . . . . , . 58 IV. How far intrmationnl law recognizes a right to posxossinn n( pnrts of the bed of the sea considered . . . . • . . , . . 59 V. Absence of nnnlogy between protection of Fniminin;; animals nnd of oyater and corol beds demonstrated . . . . . , . . 50 VI. Absence of consent of nations to princi])lc of right claimed by the United States . . , , , . , . . . . . . . 60 Eiam'nation of the United States' argument based <'n tlic " Hovering Acta" ., 60 „ ,. „ „ „ "St. Heleiiii Act, 1815" 61 „ „ „ „ ,1 "Uuarantine Act, 1825" 62 Genera) conclusion on this branch of the Casu . . , . . . . , 62 Part III. Argument addressed to the question of Regulatioua . , , , , , . , 63 '1 Pabt IV. Damages ond compensation — 1. liriti^h claim for damngcti 2. „ „ compensation. , 3. United States' claim iiir damages 4. ,. I. compensation .. 71 73 74 74 , APPENDIX. No. 1. Remnrks on the United States' Counter-Ca'ie No. 2. Remarks on tlic United States' Evidence 77 143 159 i i W. BEIIRING SEA ARBITRATION. /Irgnmait of Ilcr Majesty's Govcrinncnt. PREFACE. ,ii- IN August 1S80, without nny pivvinus protest or warning, tho Govornniont of tlic United States seized the Britisli sehooncrs " Cnrolena," "Onward," and "Thornton" in Behring Sea. which were then engaged in pelagic sealing there. The " Carolena " was seized in latitude 55° 50' north, longitude lOS" 53' west ; the " Onward " in latitude 51° 62' nortli, longitude 107" 55' west, and the "Thornton" in about the same latitude and longitude as the " Carolena." These schooners were, at the time of their respective seizures, at a distance of more than 00 miles from the nearest land, St. George and Unalaska Islands. After capture they were taken by the United States' revenue-cutter " Corwiu " to Unalaska. They Avere triotl before Judge Daw- son, of the U niii jtatcs' District Court of Sitka, and the masters and mates of the vcf., els were fined in a considerable sum, and, in addition, sentenced to a tei-ra of imprisonment. Tiio vessels, meanwhile, were detained. On receipt of intelligence of these seizures, Sir L. S. Saekville West, British Minister at Wtishington. at once made inquiries ; and by the instructions of Her Majesty's Government, on the 21st October, 1880, he entered a formal protest against these seizures of British vessels. Mr. Bayard, the Secretary of State, wrote, on the 3rd Eebruary, 1887, to Sir L. S. Saekville West, announcing the discharge of the vessels, and the release of all persons under arrest, adding that this order was issued " without conclusi(.n of any questions wliieli may be found to be involved in these eases of seizure." [311J B iili A^f ni f 'Si The men in eiiHtoily w»>ro n'loascd under ciretimslaiices of i^rent lianlHliip, l»«'ini» turned ndrilt, willioiit nienii*!, in ii jjIiu'o many linndrcdH of niiit's fnmi tlicir Imincs. On tlie VJtli April, 1887, ^h\ Ha.vnrd wrote tlmt I{f<;uIations and Instructions to (Jovprnnicnt vesHels were heini; Tmnied, and tlint lie would, at tlie earliest poissilile date, eoinniunieate with Mr L. West ; but without any sueh coininuni- cation beini; mado fresh seizures took place in July and Auf^ust of lSs7, and renewed jjrotest was made by Orertt Jiritnin. No seizure was etlVeted in 1888, thoui;1i pela^ie sealini; l»y British vessels was pursued in that year in Uehrini,' Sea. In 18S',) five Ih'itisli ships were seized in lU'hrinjjf Sea, and three others were peremptorily orderer the uireater extent relating to customs, commerce, and navigation," have been extended over the whole of the castoni jmrt of J^ehring Sen. If this interpretation were sound aiul warranted hy the Treaty of Cession, the answer is complete ; the law of nations does United States' . . , i • ff • • 1 Cisp, Appendix, not recognize such an extension of inunicipal vol i, p. 92 »< wy. law against foreigners ; and the law, in so far as it applies to foreigners, is ultra vires, liut if this interpretation is not correct, then these Sections do not extend beyond the territories, islands, and territorial Maters of Alaska Territory, and the decisions of liic Courts have no warrant even in the legislation of the I'nited States. Considerations such as tiicse, sapping as they do the very ibnndntions of the claim of the United States, cannot he treated ns other than most material to the due deterniinatiou of the questions submitted to the Arbitrators. Nor is it of less importance to recapitulate ,. ith some insistence and circumstance of argu- ment the fundamental principles on which the freedol^^ of the sea reposes. Can it be denied that Ihe claim of the United States, with or without its pretensions of descent from Russia, Jinds no warrant in these funda- mental principles ? If denial were possible, it would have been unnecessary to dive into the Statutes of other nations for analogy. Yet never was the argument from analogy ait to such strange uses. I'riueiples of construction have been applied to foreign laws which the Judges, in whose hands the construction of those laws rests, would never recognize. And on founda- tions so loosely put together conclusions have been based at variance with the fundamental principles of legislation and interpretation. Sh rn of all support of international law, and of iustification from the usa.ge of nations, *he claim of the United Stales to possess and to protect the seals in the high sea takes, at last, its luial form — as claim of property. Vet not wholly is it rested on property, Tlio greatest jurists of the world have dealt with "property" and "possession" in sueli fashion, havo defined their meanings with such precision of thought and language, that it is not sur- [irising the United States shoidd shrink from the hopeless task of attempting to formulate a new species of ownership. And so, at last, driven from all the standpoints of admitted and long-known rights, the argument of the United states takes refuge in a claim for protection where there is no property, under circurastances so novel that its supportfu's confess with candour that it can be rested on no jjrccedcnt, but that a proc( answer — the Law. It is sought to support tiiis strange right by reason of the industry of (ho I'nitcd States' citizois, and tlie benefit Avhicb tliat imlustry is said to confer on tlio markets of tlie world. But tho rights of industry and the benelits of others interested therein are already caved for by the law. It is said that tho United States has a right to the seals as to the products of the soil. 'I he law already sufliciei.tly protects tho products of the soil. Animals are not products of the soil. The birds building in the trees, the rabbits burrowing in the ground, are buL wild animals to the law. Yet in respect of them tiic law has already deiined the cvtent of the rights of l)roperty, and has protected these .ights. Again, the claim is to tho increase of the seal as to the sheep- farmer is given the increase of his lloek. The law deals with the increase of tho flock ; and the increase of wild animals it d(!als Avith too. "An industry the property of the nation on whose shores it is carried on " — such is the form in which the United States' claim is prescmted by one of its ablest advocates, a form which evades tlie most elcmeutary questions as to tho foundation, tho nature, and the extent of tlie rights so claimed. The whole case, and every part of it, and every form in which ingcniuity can frame it, are covered by the law. And to this law Ucr Majesty's Government most coutidcutly appeal. And there is another law to which that Government appeal with equal coulidence — the law on which depends t he freedom of the sea. What is the freedom of the sea ? The right to como and go upon the high sea without lot or hindrance, and to take therefrom at will and pleasure the produce of the sea. It is the right which the United States and Great Britain endeavoured, and eudeavoured suooeu- • ' I, II' fi* 8 fully, to maintain against the claim of Russia seventy years ago. It is the right in defence of which, against excessive claims of other nations, the arguments of the Lnitcd States have in former times held so prominent a place. And what is this claim to protect the seal in the high sea ? It is, as of right and for all time, to let and hinder the vessels of all nations in their pursuit of seals upon the high sea; to lorhid them entrance to those vast seas which the United States have included in the dpiiominalion of the " waters of Alaska ; " to take from these vessels the seals they have lawfully ohtained ; and to search, seize, and condemn the vessels and the crews, or witli show of force to send them back to the ports from which they set out. And so, according to the contention of the United States, "protection of an industry" at sea justifies those acts of high authority which by the law of nations arc allowed only to belligerents, or against pirates with whom no nation is at peace. From giving its high sanction to these views this Tribunal may well shrink ; and it is with no mere idle use of high-sounding phrase that Great Britain once mere appears to vindicate the freedom of the sea. This, then, Her ^rajesty's Government submit is the issue raised by the dispute, an issue M'hich they leave with eoniidence in tb.e hands of this Tribunal. Were the British vessels right or wrong ? If the United States' Congress could l)y the law of nations legitimately pass this Statute to bind foreign vessels \ipon the high seas, they were wrong in refusing to obey ; but if Congress could not legitimately bind foreign vessels, their seizure was unjustifiable, and their owners must be compensated. But there is another aspect of tlie question to which (the legal questions liaving been dcn-ided in favour of Great Britain) the attention of tlio Arbitrators must be called before; their labours arc complete : the question whetlier any, and, if so, what Sealing Ifcgulations it may be necessary to formulate. The position which Her Majesty's Government have consistently maintained on tlie subject of these Regulations is clearly set forth in the Introduction to tlie Second Part of the Counter- Case presented on its behalf. It suffices now, in tho bi'iofest nnnner possil)lo, to insist on that position. So lona: as the claim of the United States to impose Regulations on pelagic sealing is based on the assertion of a legal right, that claim is strenuously opposed, and the right as strenu- ously denied. But when tho question is put on the lower and practical plane of common benefit to all the nations interested, on the recognition of tho right of the pelagic scaler as well as of that of the island sealer, then tho British Government will cordially co-operato in giving effect to such measures as may be found necessary for the preservation of the fur-seals. On tliis basis the question assumes the nega- tion of tho right which the United States now claim, and admits the necessity for the concur- rence of Great Britain. Tier Majesty is, and always has been, ready to concur in llegulations just and equitable in tlie interests of all con- cerned ; but she has bceii unable to join in the consideration of Regulations based on the principle that the United States have a legal right to the protection which those Regulations are intended to give. Should any Regulations be the outcome of this Arbitration, it is confidently expected by Her Majesty's Government that they will be such as not to protect only the United States in the manner whieli their present contention urges, but to protect an industry in which all the nations of the worlu have an interest. It were useless to make Regulations which should bind only the citizens and subjects of the United States and Great Britain. As in the case of the Jan Maycn fisheries, so in the case of the Pacific fisheries, the subjects of all the nations who now participate in them, or who may bo reasonably expected to do so, ought to bo equally bound. Iler Majesty's Government cannot leave this subject M'ithout expressing regret and disappoint- ment at the position apparently assumed by the United States on the question of Regulations. It is discussed by the United States as if the exclusion of all the other nations of the world from a share in the fur-seal industry In the western seas were to be the aim and purpose of such Regulations. Her Majesty's Government [311] C 1 I 1! ;i 'I .t II m ^i 10 absolutely dissent from this view, and feel con- fidcnt this Tribunal will not approve it. If the existing rights of nations arc to be abridged, they can justly be abridged only in the interests of all, and the United States of America must be prepared to do their part by the adoption of Eegulationsand improved methods on the islands to ])rescrve the fur-seals. Finally, the broad contentions of the respective Governments, stated in popular language, arc these : — 1. The United States claim dominion, and the right to legislate against foreigners, in two- thirds of that part of the waters of the I'acifif; Ocean called Bchring Sea. 2. They claim a right of property in wild animals which resort for a certain season of the year only to their territory, derive no sustenance therefrom, and, during the greater part of the year, live many hundreds of miles away from that territory in the ocean. 3. They claim the right to pi'otect that alleged right of property by search, seizure, and condemnation of the ships of other nations. 4. Failing the establishment of the right of property, they claim a right to protect the fur- seals in the ocean, and to apply, in assertion of that right, the like sanctions of search, seizure, and condemnation. 5. And lastly, failing these assertions of right, they claim that Rules shall be framed in the interests of the United States alone which shall exclude other nations from the pursuit of fur-seals. On the other hand, Her Majesty's Government claim — 1. Freedom of the seas for the benefit of all the world. 2. That rights of property, and rights in rela- tion to property, be confined within the limits consecrated by practice, and founded on general expediency in the iiiterests of mankind. 3. That, ai)art from agreeraont, no nation has the right to seize the vessels of unofher nation on the high seas in time of peace for oil'onccs against property excepting piracy. •i. That any llegulations to l)e established should have just and equitable regard to all interests affected. In support Ol the views of ller Majesty's Government thus generally stated, the following 11 Argument is respectfully submitted lor lliu con- sideration of tliis Tiiljunal of Arbitration. I Questions for decision under Article VI. Statement of Questions raised in Article VI of the Arbitration Treaty. Article VI. (1.) What exclusive jurisdiction in Bchring Sea, and what exclusive rights in the sea fisheries therein, did Russia assert and exer- cise prior and up to 1867 ? (2.) How far did Great Britain recognize and concede '• these claims of jurisdiction as to tlie seal fisheries "? (3.) Was Behring Sea included in " Pacific Ocean" in the Treaty of 1825 ? What rights, if any, in Behring Sea did Russia hold and exclusively exercise after this Treaty ? (i.) Did not all Russia's right : («) to jurisdic- tion, (/») as to the seal fisheries in Behring Sea, east of the water boundary, pass to the United States unimpaired under the Treaty of 1867 ? (5.) Has the United States any, and, if so, wliat, right («) of protection (A) or property in the seals frequenting the islands of the United States in Behring Sea when they are found outside the ordinary 3-mile limit ? The points raised by these questions are met by Great Britain in this written argument hy esta- blishing the following principal propositions ;— ^<^ Propositions maintaiued by Great Britain. Propositions maintained in Part I of the Argument of Great Britain. 1. That the size and geographical conditions of Behring Sea are such that no nation has a right to close the sea against the navigation of the ships of other nalions; nor to claim or assert territorial dominion over tin- sea ; nor to chiini or assert the right of jurisdiction, nor to exercise jurisdiction, over the sea beyond the 3 miles of territorial waters, as recognized by international law. 2. That Behring Sea is thi; high sea, and forms part of the Pacific Ocean; and that no nation has a right to claim, assert, or exercise jurisdic- tion on the sea in any other cases than those recognized by international law. 3. That, in 1821 only, and at no other time, Russia asserted a jurisdiction oyer so much of [311] 2 m ' « f * i i. m. r- '\'l I 12 Bclirini,' Sen as was incliu! "I in a licit of 100 Kalian miles from the shores of her territories: That she never exercised such jurisdietion, hut, on the protest of the United Slates and Great Britain, immediately withdrew her assertion of it, and limited lier claim to the 3 miles of territorial waters recognized by international law : That Russia did not at any time assert or exer- cise jurindiclion over the wliole of Behring Sea, nor claim to close that sea, nor did she at any time assert or exercise the rights of territorUil dominion over any part of such sea. 4. That the withdrawal of the claim to 100-mile jurisdiction was confirmed by both the Treaties which Russia entered into (1) with the United Statei in 1821, and (2) with Great Britain in 1825. 5. That the United States acquiicul from Russia, under the Treaty of 1867, no rights beyond the sovereignty of the ceded territories (which did not include any part of Behring Sea) and the right of jurisdiction over the 3 miles of territorial waters as recognized by international law ; and that the United States have no right, in virtue of their possessions on the shores and the islands of Behring Sea, to any dominion over that sea, or to any jurisdiction in its waters, other than that recognized by international law in the 3 miles of territorial waters. 6. TJiat it was beyond the right of the United States to make laws under which British vessels could be condemned by the United States' Courts, or under which the United States' cruizers could interfere with British vessels engaged in pelagic sealing in Behring Sea, and that such laws were legitimately disregarded by British subjects. Varying Character of United States^ Contention. In view of the great complexity and varying Different forms in wliich the Umted nature of the United States' contention, the following brief survey of the manner in which their case has been presented is submitted. This is the more essential, as the United States' diplomatic con-espondence, and other documents in which the United States' claim is advocated, do not keep the points clear, but move imperceptibly from cue staadpoint to another. States' claim is preseuted. :*, 11 The points to wliich llio Migimient of the Uiiited States is uircctcd arc tliosc : — 1. 'i'hat Russia dainu'd and exercised the jurisdicliou iu Bchriiifj Sea now asserted, and ceded it to the United States, and that, therefore, the United States arc eiititlcd to exercise it iu virtue of the Treaty of Cession of 1807. 2. That the United States have the like juris- diction over Behring Sea iu virtue of their own possessions, and in their own right of dominion. 3. Tliat the United States have jurisdiction over the eastern portion of Behriug Sea as part of their territorial waters. •1. Tliat the United States have jurisdiction for the protection of the fur-seal in virtue of an alleged right of nations to exercise similar juris- diction on the high sea, apart from any dominion or special jurisdiction over Behring Sea. 5. That the United States have a property in the seals on account of their breeding and tempo- rary residence on the Bribyloffs, and a right to follow such seals and protect them in the high sea, apart from any dominion or special juris- diction. G, That the United States have such right of protection apart from any right of property. Of these six claims, it is submitted that the last three, so far as they assert a jurisdiction extending beyond Behring Sea, or tlic eastern portion thereof, are not included in tlie i-cference to this Tribunal made by the Treaty of Arbitra- tion. 1; Division of Argument. The following Argument is thus divided : — In Part I the grounds are set forth on which Great Britain claims that all the questions arising under the first four questions propounded in the YIth Article of the Treaty of Arbitration should be decided in favour of Great Britain. Iu Bart II the United States' claim of right of protection or property in fur-seals is considered, and the grounds are set forth on which Great Britain claims that the fifth question propounded should be decided in her favour. I i pr" !jf' u In i'urt ill the questiou of regulations is discussed; and In i'urt IV the claims of Groat Britain and of the United States respectively for damages are considered. AUGUMENT.— PART I. Argument addressed lo the Jirst four Questions for Decision under Article VI of the Treaty of Arbi- tration. Eehring Sea is the northernmost part of the Pacific Ocean. It washes the north-western parts oi' the coasts u„Hf^ states' of America and the north-eastern part of Asia. ^-'o'"- P •'■'• Tlie Pacific and Arctic Occiiiis are connected l)y IJclirlng Strait, 18 miles in width.* From east to west, Behriug Sea has an extreme width of 1,200 miles; from north to south, it extends over ahout 11 degrees of latitude, or more than 800 miles. The area of liehring Sea is stated in the United Ibid., p. 11. States' Case to be 873,128 square statute miles. The Aleutian and Commander Islands are recognized as marking the southern limits of Behriug Sea. Between the Aleutian and Com- mander Islands, and between the latter and the Kamtschatkan coast, are stretches of open sea 190 and 05 miles wide respectively. The western part of the Aleutian cliain forms a widely scattered archipelago, with three open sea stretches of 50 miles or more in width eaeh» and many navigable channels and passes through all parts oi' tjiis group. So largo are the spaces of sea as compared with the lengths of the islands, that from the western end of the Vox Islands to the coast of Asia, a distance of some 1,000 geographical miles, there are about 660 miles of sea, being nearly two-thirds of the entire distance. The free navigation of the Pucitic northward to the Arctic Ocean is, in fact, in no sense interfered with by the intervening islands, but is, and always has been, exercised by all nations through and over all parts of Behring Sea and through Behring Strait. * Geographical miles in all cases, unless otherwise staled. Niiturc, cxlciil, Mini piwitiuii of IVhr ,'i'"^'r;i|]liical | 111'- «UI1. 10 ^^ nation can close Bchring Sea ; yor claim dominion over it. I'ribyloff Islands. I liurs bt'twcen these islands and the iiuinland cannot be United States' ■.irritorv. N'or within their territorial waters. liritish vessels wrojgfully seized. Tlie gcographicnl conditions of Bchring Sea, its enormous size, tbo wido open navigablo pusses through and to the west of the Aleutians, together Mitli the great width of the northern opening througli Behring Strait, renders it impossil)lo i\)V any nation practically to close the Bca against the ships of other nations. It is not a land-locked sea, or a sen so sur- rounded by land as to entitle nations to whom the adjacent territories belong to assert a terri- torial dominion over it, but is in every sense of the term the high sea. The I'ribyloff Islands, upon which are the principal breeding resorts or " rookeries " of the fur-seal in vho eastern part of the North Pacific, arc situated in Behring Sea, and consist of four small islands. Two of them only — St. I'aul and St. George — are at present resorted to by the seals for breeding purposes. These two islands are 40 miles apart. Tlie PribjlofT group is situated 180 miles to the north of Unalaska Island in the Aleutians, and nearly 300 miles to the west of the mainland of Alaska, these being the nearest island and mainland. The position of the Pribyloff group of islands in the open sea is therefore such that no claim could legitimately be made by the nation owning Alaska or the Aleutians to include the inter- vening sea within its territory, and no justifica- tion can be found for any attempt to extend the territorial Avaters washing their coasts, respectively, beyond the 3 miles recognized by international law, or to treat them as embayed waters. In the absence of Treaty, or of some claim based on acquiescence, the right of exclusive fishing on the high sea conceded to any country by international law is limited to the 3 miles of territorial waters. On general principles of international law, therefore, the places where the British vessels were seized by the United States were not Avithin the territorial waters of the United States, but on the high sea. I* N i- i Alleged claims of Russia. It is contended by the United States that Bussia asserted and exercised jurisdiction over Behring Sea not consistent with the foregoing fiiiv' ..i 16 principles, and tlint, either by c.tpreis consent of iitlior nations or hy ncqiiicsccncp, llusaia asserted tliis jurisdiction eirectivcly. The iniportnut periods for consideration nro as follows : — Prior to 1700, 1700 to 1821, 1821 to 1825. 1825 to 1867. 1807 and subsequently. Prior to 1700. Hi'hrina; Sea was one of the vast partially oxploH'd seas t)pci\ to tlu; world. It bad bi'LTun to be naviijatcd by all nations, and tlie riijbt to a bii,'bway tbronsb tlio sea at all iiritiiili Cnse, p. jo, its openinc;s bad been exercised and established; the rights of fishing and trading were also exor- cised. Its eastern shores and islands, though not fully explored or known, were being explored by Great Britain, the IFuited States, Erauee, and Eussia. Uehriiig Sea open to all nntions. Character of liiu 8e Russian Ukase of 1799. This Ukase deals with the coast of America Character of the First Ukase and the islands, giving commercial privileges to nrlti«li Counter- the Russian- American Company. a".p- Th(> territory was claimed by right of discovery; a right which neither Great Britain nor the United States admitted in negotiations. 'I'be Ukase is purely territorial; it docs not claim jui'lsdiction over the sea, or profess to all'cct foreigners. The territories were, and were treated as, colonics scpa.'nted from the llussian Empire hy the hicjl' s' as. The Charter to the United St«tp»' Company of 181i .•x:;rcssly uses the term S''-, p.'lio''''''' "colonies" for tho ti'.iitories in America; but for Okhotsk on the Siberian mainland the term used is " province." No Russian legislation for Behring Sea exists ; it is not alleged, nor could it be proved, that foreigners in Behring Sea were affected by Russian Laws in general, or by the Ukase in par- ticular. Russia did not claim, nor does the Ukase pre- tend, to make Behring Sea mare clausum. The Ukase of 1799 therefore leaves the question of dominion or jurisdiction over Behring Sea I 17 liiiti.li Cum, |>. 'io untuuuhcd. TLu liighwuy to the Arctic Ocean ii If'/. and was at'turwurds used; uUo lishiiig rights asi on tho hii^h sua. 1700 f 1825. Article III of the Treaty of 1825 traces the line of demarcation between the two Powers on t'? coast of tlie continent and the islands of "Torth- western America. Article IV defines tlie Eastern boundaiy of the lisiere ^^hieh was to belong to Russia. Article V emphasizes the pr,-,session of the lisiere by Russia by reiterating that the reciprocal prohibition against forming establishments in the possession" of the two parties respectively ap- plied in the case of the Russian pc^sessions both to the coiist and to the lisiere comprised witliin those possessions. Article VI d(!alt only with the Usiert; granting to Great Britain a perpetual right of navigation of all the rivers flowing to the Pacilio across the line of demarcativ>n of the lisiere indi'-'ito;! m Article III. Article VII, on tiie other hand, dealt witli tlic Annlvsis of t' I real \ Dritisli Counter- Case, p, 1 . (ession tri I'liitoJ Stales. I'liitwl Slates' Stntutrs, &a, draliiig with AIiiHkn. 21 coast of llio colli iuont mrntioncd in Article III : it gave to the two parties a reciprocal rii^lit of visit to all the inland waters, haroours, &c., on this coast : it applied, therefore, to the coast of tlie Tvliolo of the llussian possessions, as well as to the wliole ci tlie coast of the British posses- sions. If the right of access under Article VII were limited to the coast of the lisiere, the reciprocal character of the Article nould be destroyed. The text of the Treaty clearly shows, there- fore, that the expression " north- west coast " in- cluded the whole of tlie coast on the north-west of tlie American continent ; and that the term "Pacific Ocean" included all tlie waters washing the north-west coast, including ?5ehring Sea. This argument is supported hy the fact that in the Treaties of 1811, 1813, and 1859, concluded Ly llussir, Avith Great Britain and other Powers (and which are examined in the British Counter- Case, pp. 61-52), the term "North-Avest co''. .t of America " is used in a manner showing conclu- sively tliat it included the coast of Behring Sea. Tlie Treaty of 1859 did not expire till 18G9, i.e., after the cession of Alaska to the United States. Tlie noticu issued by the United Suites in 1815 at the reqi-.-!st of Russia Avarns the United States' citi'.'cns against infringing the Treaty of 1821i by "resorting U) any point upon the Russian- American coast where there is a Russian estab- lishment." This notice clearly applied to all the coast of Behring Sea. The Cession of Aluslta la United States in 18G7. The whole of the Russian territories on the north-Avest coast of America, together with the islands, Avere ceded by Russia to the United States Treaty of 1867. It is submitted that the United States' official Acts and Statutes dealing Avith Ahiska Territory next mentioned, Avhatever their constructioi , have no force or validity ogainst foicigners, and therefore afford no sup])ort to tlio position assumed by the United Slates. 'J'hey are as folloAvs : — The Act of July 18GS, section 1, extending the laws of the United States relating to customs, '^flW] I 1 1 i ^^H ■ J. 1 :', 1 1 :*" i '• r' h\ coiuincrw, and navigation ovor all tlu; niaiuland, Lfniied Statei' islands, and waters of the territory ceded to the ^''"''' •'• '^• United States by Russia. fcseetion 195(5, lievised Statutes, Chapter 3, ii,ij., Appendis, title '2-), proliib-ting tlii< killing of fur-seals and ^■"'- '■ !'• '■"'■• other animals Mithin the limit of Alaska Territory, or iu the Avaters thereof. " Au Act to provide for the protection of the Il)iJ) ?• 9'J- Salmon Fishories of Alaska, 1S8!)," section 3, declaring that Section lOoG, above, shall "include and apply to all the dominion of the United States iu the waters of the Behriug Sea;'' and that the Proclamation of the President, Avarning all persons from entering such waters for the purpose of violating the Statutes, shall be published at each United States' port of entry ' '■ he Pacific coast." ro'.lamation of the United States' President Ibid., p. 112. in jSO (and also in 1800, 1891, and 1892% warning all poisons entering the waters of Behring Sea, within the dominion of the United States, for the purjjose of violating Section lOoG, and authorizing seizure of vessels. It is submitted that the application of these Statutes and official Acts to foreigners is not Marraiited by the Treaty of Cession of 1807, and canuot be supported by any principle of law. » I T ■ 1 .' The Treaty of Cession ■jontained the following Tivaiy of Cession, ISO",. provisions : — t'''''^''' States' Case, Appcndii, Tol. i, p. 4C. ARTICLE I. "Sa Majeslc I'Euipereur de Toutes les Hussies s'cngage .... ;\ coiler aiix Etats-Unis .... lout le territoire avce droit de souveraiueto aclucllenient possede ))ar Sa ^lajcste sur le Contiuciit d'Ameriquc ainsi que les iles conligues, le (lit teiritoirc etant compris dans les limites gi'ographi(iues ci-dessous iudiquecs . . . ." A line running through Behring .Straits, and Ihenci' (o the south-west to a point between Attn and Commander Islands, is drawn as " la limitc occidentalc ties tcrritoires cedes, demaniere a endaver dans le territoire cede, toutes les lies AU'outes situees a Test d(,' ce meridien." The eastern boundary was the line of demar- cation traced l)y the Treaty of '1825. United St;Ufs' tnin.slulidu ;inil ■ iij ^triKiiou of tliL' Truiitv iiiconvct. 23 United States* Case, Appendix, vol. i, p. 44. liritisii Cciic, Appendix, vol. ii, rartlll, No. 3. AllTICliE II. Tho rin'ht of i)ropci'ty in all tho vaoaiit lands and public places, &c., is included "dans Ic tcrritoiro ci'dt'." AIITICLE VI. " .... La cession dii tcrritoivo avec droit do souvorainetc faito par cctto Convonlion, est d^clarcc libre ; . . . . ct la cession ainsi faito transf^rc tons les droits, franchises, ct privilt'^gcs appartenant actuellemcnt a la Eussie dans lo dit territoirc ct ses ddpondances." These Articles arc thus rendered into English in the United States' Case : — ARTICLE I. " His Majesty tlie Emperor of All the Russins agrees to cede to the United States all tho territory and ilominion now possessed hy His said !^^ajesty on the Continent of America and in the adjacent islands, the same hcing contained within the geographical limits herein set forth . . . ." A lino ininniug through the Behring Strait, and thence to the south-west to a point l)etween Attn and Commander Islands, is drawn as " the western limit within which the territories and dominion conveyed are contained so as to include in the territory conveyed the whole of the Aleutian Islands cast of that meridian." AIITICLE II. The right of property in all the vacant hi. ..Is aiul public places, &c., is included " in the cession of territory and domitiion." '■ t I';- n ARTICLE VI. " . . . . The cession of territory and dominion herein made is hcreljy declared to be free, .... and the cession hereby made conveys all the rights, franchises, and privileges now helonging to lliissia in the said territory or dominion, and appurtenances tiiereto." In this translation the expression (twice used) " Lc lerritoire avec droit do souveraineti^ " is translated "the territory and uV"injon." m ,v» A 24 f Tlio accumte translntion is, *' Tlio territory, togctlior with the right of sovereignty." It expresses not merely a grant of ten-itory, but also of the sovereign rights over sncli territory. It says nothing of sovereign rights or dominion over the sea. The western bonndury- linc is drawn not to include as territory or dominion the waters to the east of it, but to show that the islands and territory to the east of it pass to the United States by the cession. In this translation also the expression " terri- toires c(5dds" is translated "the territories and dominion ceded." Such translation is only permissible as a free rendering of the French, and as incorporating the same dominion or sovereignty which is alluded to in Article I, i.e., sovereignty over the ceded territories. In the Vlth Article the expression "le dit territoiro ct scs dependanccs " is translated " the said territory or dominion and appurtenances thereto." The accurate translation is, " The said territory and its dependencies." On these mistranslations of the Treaty of UniieJ Siat'.*' Cession, are founded the United States' argument ^'''^' P and certain judicial decisions, to the effect that the waters referred to in the Statutes were included in ♦ho dominion ceded by Russia, and include all Behring Sea to the east of the boundary-line. Purther, the inference drawn by the United States, and submitted to the Arbitration Tribunal, is that up to the time of the cession Russia continued to claim dominion over Rehring Sea, relinquishing part of it to the United States; that this domin so claimed forty years after the Treaties of 1824-25 is evidence of British acquiescence in such claim ; and that therefore the United States are entitled to have Question 3, and all other questions depend- ing on it, answered in favour of the United States. A reference to the language of the Treaty of 18G7 shows that both arguments and inference are unfounded. There is nothing to warrant any larger meaning Uiiitoil States' iiri,'uiiR'iit and jiiilg| incuts based nii such crruiituu translation and construction. being given to "waters thereof" than the usual meaning, i.e., 3 miles of territorial waters. Drawing an imaginary boundary-line through the high sea for the purpose of delimitation of territories on either side of it does not warrant the inference that dominion over the high sea on either Bide is claimed. Such definition of a Uiiiled States' Case, p. 'i'23. 9ft boundary-line is the only oue possible »• iiere the cession is of many islands and roeks, many of which are not named or surveyed, and some of which are even perhaps unknown. The cession was of all territories within the boundary-line, and the Treaty so expressed it. An example of the use of water boundary-lines for this purpose is furnished by the United Kingdom Statute defining the limits of New Zealand, which plainly refers only to territories and islands within those limits. Yet the United States, for consistency, assert, contrary to the lact, that Great Britain thereby claims as within the Colony all the high sea within those limits. The United States' contention has been shown to depend on an erroneous construction of the Treaty of 1867. The decisions of the United States' Courts condemning British vessels for a supposed breach of the United States' sealing laws adopt a similar construction, and are therefore not to be supported. Three examples of such decisions, with the judgments, are set out in the United States' Appendix : — ;i^. uti^s' arnuiiiL'iit ami ju'l^J )as('d nu siicli crroiii'un on luid coiistnictioii. Decisions of United States' Courts cited in United States' Case. United States' Case, Appendix, vol. i, p. 114. Ibid, p. 115. Case of the " Thornton," 1886. Dawson, J., held that " all the waters within the boundary set forth in this treaty .... are to be considered as comprised within the waters of Alaska." The "Thornton," a British vessel, was seized when fishing 70 miles south-east of St. George Island, the nearest land, and was condemned. Case of the " Dolphin " and other ships, 1887. Dawson, J., held that Russia had claimed juris- diction over Behring Sea, and that Great Britain had acquiesced in that claim; that the United States had purchased the sea east of the boundary- line, and that the action oi the United States was "a legitimate exercise of the powers of sovereignty under the law of nations, with which no nation can lawfully interfere." The "Dolphin" and other ships, British vessels, were seized when fishing beyond the S-mile limit in Behring Sea, and were con- demned. [311] S ■ «; i'V-Ji^ UV.: if' " ' Li : f U= \ ■ "i ri ^ ■I ni : iV :i4i 26 Case of the " James O. Swan," 1892. Handford, J., Iicld tlmt Pnssia Imd assorted Uniiid Smtis" .... i» 1 ■ D 1 ■ i *^'''»''' Appendix, authority over liolirini^ Sea liy assuniinu; to ,,] | j, ui transfer to tho Uiiitod States ccrtnin territory and dominion with dcfiniti; Ijoiindarics, inohidiiig a ]argo part of Uchrinj^ Sea, and tliat tho United States, by the ratilieation ol' tho Treaty of Cession, acquired a claim of right to exercise antliority and sovereignty therein. The schooner was condemned. The decisions of the United States' Courts in the condemnation of other vessels proceed on tho same jjriuciples. Either they were wrong in point of construe- tion, or the Statutes upon wliieli thoy were founded were iilfrii rirrs as nsininst foreigners. In neither case do tliey furnisli any ju.stiJicatioii for the action of the United States. The foregoing facts and arguments, it is sub- mitted, conclusively establish that the following answers should be given to the first four questions in Article VI of the Treaty of Arbi- tration. To Question 1. — That Russia exercised no exclusive jurisdiction in Behrin;; Sea prior to 1867 ; t'-iat, in 1821 only, Russia asserted exclusive jurisdiction over a park of Behring Sea along its coasts, but tliat she withdrew tho assertion, and never afterwards asserted or exercised such jurisdiction. That Russia exercised no exclusive rights in the seal fisheries in Behring Sea prior to 1867 ; that in 1821 only, Russia claimed exclusive rights, as included in her claim of jurisdiction extending to 100 miles from the coast, but that she withdrew tlio assertion, and never afterwards asserted or exercised such rights. The only exclusive right Avhich Russia sub- sequently exercised was the rii^lit inciflental to her territorial ownership. To Question 2. — That Great Britain neither recognized nor conceded any claims of Russia of jurisdiction as to the seal fisheries, i.e., either («) of exclusive jurisdiction in Behring Sea, or (h) exclusive I'ights in the fisheries in Behring @ea, save as already mentioned. Conclusions established by foregoing argument. 27 To QiKxlion '.'>. — Tliiit Ik'liiiii^ycivwiis includfd in " Pacitic Oconn " in tlio Treaty of 1825. Tliut Russia neither lu'lcl nor exclusively exer- cised any riyiits in Hehriug Sea after the Treaty of 1825, save only such territorial rights as were allowed to her 1)y international law. To Question -1. — That no rights as to juris- diction or as to the seal fisheries in Beliring Sea cast of tlie water boundary, in the Treaty between the United States and Russia of the 30th March, 18(17, passed to the United States under that Treaty, except such as were incidental to the islands and other territory ceded. PART II. Argument addressed to the bth Quislionfor Decision under Article VI of the Treaty of Arbitration, viz.: Has the United States any Right of Pro- tection or Property in the Fur-seals? Propositions maintained in Part II of the Argument of Great Britain, 1. That seals are animals fer(s natures. 2. That tlie only property in animals fcr(r natura: known to the law is dependent on possession. 3. That this law is common both to Great Britain and the United States, 4. That the owner of land has the exclusive right to take possession of them while they are on his land ; but that right is lost when they leave his land ; and Avhen they are on the high sea all alike have the right to take possession of them. 5. That while on the Pribyloff Islands, neitiier the United States nor their lessees exercise their right to take possession of the seals other than of those actually killed. And that when the seals leave the Pribyloff Islands and take to the high seas, all exclusive right of the United States is at an end, and all alike have the right to take possession of them. 0. r.'hat no right of protection of the seals in Behring Sea or in any other part of the Pacific exists. [311] B 2 I li '1 28 7. That tlip rliiiiu of ii (lovciunu'iit to protect auinials, whii'li art' not tlu'ir iiroiiorty, o!» the hit^li sea, and thi'irliy to iiitiM-fon! witli i\w oxinviso of tlio riijhts of flshiiii» which other natiouB possess, camiot be supported hy any known principles of law. 8. That no analogy existB between the rights claimed by the I'uitt'd States and those claimed and exercisetl liy other nations on the hiuth seas, whether as retranU t'ishiiis» hiws or otherwise, and that the United States cannot derive any warrant for th«5 right claimed from such lishery or other laws. The fur-seal is not only a marine animal, but Britiih Counter- polagio in habit, spending most of its time at "*' '*' large in the open ocean. It is migratory in its habit, and in the course of the year traverses u great part of the North Pacitlo '.jccan. The time in each year during which various classes of fur-se:iN (or some considerable portion of them) remain on or about the breeding- islands for pur|)oscs of reproduction, is from three to live and a-half months. lUit individual seals (with the exception of the old bulls) frequent the adjacent waters for much of tho time of their resort to tho islands, and many yoiuig males and virgin females probably do not land at all. The average length of stay ashore of the seals is about one-third of the year. The food of the fur-seal Is entirely derived Ibid-.p. loi. from the sea. The expression " homo " or " solo homo," ibid., p. HS. svpplied to tho Pribyloff Islands in connection Avith tho fur-seals found in the eastern part of the I'aeitic, is inadmissible, even on tho assump- tion that all arc born there. A migratory animal cannot bo said to be "at home" only when in its breeding area. The homo of any species is the area within which it habitually lives. Animals may have winter as well as summer homes. The principal " winter home " of the fur-seals of the eastern part of tho North Pocific is the part of the ocean lying o£E the coast of British Columbia ; and there enormous quantities of fish, which would otherwise be available for the support of the inbabitauts, are consumed by the TIk) priiiciiml " winter lioiiu'^ " of tho fur-Mimls of \\w wcstoni jKirt. of the North Pacille, is, similnrly, in tlm vicinity of tin' .l;i[iiini's(' (•(msts. Hut scats in fiiniillci* nunil)crs arc to bt; I'uunil in all parts of the North I'acilic. Kritiih Cminier- iU»e, |i. \4'1, Til the Niimtner months, most of tiie H(«nlH go northwards for hrectlini,' pnrposes, Some i^o to the (\)niman(hn' Islands, oth(>rs to tiie Kuriht Islands and Holdicn Island, others to the Pril)ylolV Islands. Mo special bodies of the seals can be said to resort, mtirrlij and im'uriuhhj to ono or other of these groups of islands. Interniinttliii!,' ocenrs between the seals of tho North I'acilic generally, botii to the north und to tiie south of tiic Aleutian IsJandM. The allei^'ation that the i(h>ntity of individual seals can be established when at sea cannot scriouslv be advanced. Ibid., p. 136 Mxperimonts anar on tlu; other island, and that the relative numbers of seals on the two islands varies from year to year. Ibid., p. Ml. 'Ihe tendency of tin; slaufjfhtor carried on upon the I'ribyloif islands is to drive i\w, seals away from these islands, and many other islands are available as breedinj^-places. The laet of tho intermingling of the seals of both sides of the North racilic, likewise shows l;!:at not all the seals found in the eastern part of tliat ocean can have been born on the PribyloflF Islands. 1 . i f Ibid., p. 110. Tho exprcssi I ''Alaskan herd" is simply a fanciful creation, supposed to lend, by the use of the term "herd," some colour to the United States' contention of rii^ht of property and pro- tcction. Ibid., p. 118. The term " herd " is applicable to seals (if at all) only when on tho islands, and then only to each rookery separately, or to hodits of seals driven together. No distinction, as between tho fur-seals re- sorting to tho two sides of the North Pacific, has heretofore been known to naturalists. 80 Tho ull(>{j;c(l (lislinciuiu iveeiitly luUaiufd dii till' part of tliu United Stati's is biiNoil on thu classing of skins by luT'doulurs, bnt sni-li classing, and tht) ditVercnccs of piicc rosulling, aro no I'videni'o of dilTcrcnt'O of kind in the fur-seal or in other animals. The criteria employed by fur-deali-rs in (dassing the skins, though important in tho trade, are iu themselves flight nnd diilieult of deltnition, iu the particular case of fur-seal skins from the PribylofV and Commander Islands, experienied dealers actually observe a large percentagi' of skius from each source which would bo classed, according to tho criteria they employ, as coming from the other. Though fur-seals are to a certain degree con- Driiish Counter- trollable when on laud, this results from their l'""'. pHl. helplessness while there, and such control has nothing to do with domesttcutiou. It is impracticable so to control the .seals as to prevent them from going to the soa whenever they desire to do so, and, were it possible so to do, the seals would perish. "While the seals are on tlie Pribylolf Islands, they are left entirely to their natural inclinations both as to leaving and returning to the islands. They retain there all their characteristics of animals ./Vrfc natural. They arc unused to, and incapable of, any but slow and laboured movement on laud, and are therefore easily surrounded and driven to the killing-grounds for slaughter. Such control as is exercised iu driving and ibid., p. 1 1 a. killing, amoimts to no more than preventing those which are selected for killing from escaping. The se;ds dread tho approach of man, and endeavour to llee from him, even when collected in great numbers ashore ; though it is probable that, when their breeding-places were llrst visited, ignorance caused them to be fearless. The result of this contact with man has there- fore been the opposite of that iinplied by domesti- cation. During tho greater part of the year, the seals are wholly removed from the cognizance of persons on the Pribyloft' Islands; and till very lately their winter haunts were not even known. All ideas attached to the word " domestic " are therefore wanting in the case of fur-seals. Man |!;«rty in wild animals dependent ou possession. Enmples of taking possession. 91 does not provide tlioir food or in nny wny nRsist thorn to ohtnin it; liis cnro is nt most of ft ncpntivo lil in, ..Kind. Tlio case therol'oro Tails within the general principle, that where loss resnlts to one. by the lawful exercise of a ri^lit possessed by another, no reparation can be obtained by law. Tt is, therefore, submitted that any rig;Lts which the United States possess arc not violated by the acts of ilsiiermen of other nations on the high sea ; and that there is no principle of law known in Great Britain or the United States by wMch the contention that there is such a violation can be supported. ,ioa of the right. Tlie distinction is fuiulainental. by the United States. N'ature of United States' right to seals while on I'ribyloiis. h the law permits. Their manafjcraent ia not takinjr possesaiou. Xo possession except at time of r.apturo. > luftUco alleged, Nor on high ,sea. Kights of others to capture. Application of Principles of Property and Posses- sion of Wild Animals to Seals. The distinction between the right to take possessinu of wild animals while they are on the land, and the right of property in such animals, is fundamental to the quest'ons sub- mitted to the Arbitrators. "VVhcn the foregoing princi[)les as to property in, and possession of animals fera; nalura, are aijplicd to the case of the seals, the United States' contention of property in them, while they tire in t^ic high sea, falls to the ground. The United States or their lessees have only an exclusive right to take possession of the seals while tliey are on the islands, and this exclusive right is lost when the seals go into the high seas. They take possession only of such seals as they kill. The alleged management amounts to no more than taking precautions that the seals shall not be driven away, and to regulate the quota of scils to be killed. The conditions of seal life during the period the seals are in Beliring Sea, their cxcvnsions to and from the islands into the high sea, and the intermingling of seals from different islands, clearly show that the conditions essential to possession never exist, except at the moment of capture. While the seals are at sea, there is no power to reproduce at will the physical relations to the animals essential t.) possession. The possession cf the United States is thus seen [not to be eb 'lished while the seals are [311] V \\r •j 1 84 at sea, and the rights of all to catch the animals on the high sea remain, and were lawfully exercised bv the British vcssols seized hv the United States. The United States' claim to |)i'opLTty, or to any greater right than an exclusive right to take possession while on the islands, is therefore, it is submitted, without foundation ; and tlic exclusive right to take possession does not exist at sea. The allegation in .Mr. Pliolps' letter, that the United states' seal fishery is "the property of the nation on voiri, p''-^^'? ""' whose shores it is carried on," b(>gs the question, and is not consistent witli any known principle of law. Tlu^ British eontiMitioii is that this al)sencc of precedent is fatal to the United States' claim, which conflicts with the undoubted right of individuals to fish for seals in the high sea, a right which cannot be diminished or taken away liy a Government to which the owners of the right owe no allegiance. Nor is the United States' contention in any way advanced by an appeal to international law. It is incorrect to say that the best international law has arisen from precedents that have been established when the just occasion for them a, ose, undeterred by the discussion of abstract and inadequate rules. It mav be observed that law so made would « not be international law at all. International law is evolved by a more just as well as a more tedious process. Its source is thus stated by Kent : — " T;.e solo source of this law, tlic fountain from which Kent's " C.-imircn- it flows, whether in its tustoni.'iry, convoutional, or judi- i<: Claim of propertj- unfounded. Source and foundation of uterm law. iiti.iial national Law,' '2iii\ t'lliiion, liy Abdy, p. 4. cial-cuitoniary shape, is the consent of nations" And again : — " In cases where the principal jurists agree, the pre- Ibid., p. 37. sumption will he very greatly in favour of the solidity of their maxims; and no civilized nation that does not arrogantly set orc'.inary law and justice at defiance will ventiue to disregard the uniform sense of tlie established writers on international law." In the case of Triquet v. Bath, Lcrd Mansfield said : — " 1 remember, in a case before Lord Talbot of Buvot v. 3 Burr. 1478 llavbut, upon a motion lo discharge the defendant (Wiio (*' P' '•'^'O was in execution for not performing a 'Lcrce) ' because he was agent of commerce, commissioned by the King of rty unfounded. 36 Prussia, imj received here as such ;' tlie matter was very elaborately argued at the bar, and a solemn deliberate opinion givi.'u by the Court. . . . Lord Talbot declared a clear opinion, ' That the /n;y o/jj« territorial waters of tlic State. The pro- tc 1 >n of the Greenland fisheries, situated many miles from the shores of the States which have legislated in respect of it, is an instance in point. But special attention is directed to the condition precedent to sucii legislation, liy the legislation of Great Britain the Queen is empowered to put the Act in force against her own fishermen " when she is satisjicd thai other nations interested in these fisheries have put similar Acts in force against their .subject." Such legislation rests, therefore, on an agreement between the nations interested, Avhich m-iy be expressed in a Conven- tion, or may be tacitly understood. Such legislation Great Britain is willing to pass in respect of tlie seals in Behring Sea; but one essential euudilion on which Uer Majesty's Government insist is, that the other nations interested should pass similar laws. On the subject of Conventions and eunsetjuent legislation, on whieii stress is laid in the U'.ited States' Case, one further point alone need be mentioned at tiiis stage of tlie Argument. The same power which a State has over its nationals on tiie high .s(>a enables it to delegate the eutoreement of the agreed regulations to the other Cojilnietiug i'arty. Beyond this, it is submitted, the legislative powers of a State caimot go ; the limitations on the powers h'ne indiciited depend entirely on constitutional hiw. No warrant for any larger power, such as is claimed hy the United States, can be found in any known principle of international law. As to the reference to the " Laws of Natural History " there is no known code of such laws, and as to the " common interests of mankind " these must be tested by, and dealt with upon, legal principles. The same argument affords a complete Nationals on liigh sea may be bound 1 by legislation. Instance of such lei'iiilatioii. Conventions. No practice here shown to warrant the right of protection claimed. to to protection without property fails. of fjuch lenislatiuii, 39 answer to the snpfgofstion, tlmt tlip ricrlit of protection on tlio liiu;!! sons jiuninst all coniors depends on the i)racti('(> of nations. If tlic United States had tliown tlmt all nations claimed to exercise sneli a rii;1it of pioteclion as is claimed l)y the United States, or even tlmt a larije pro- portion of the nations made snch a claim, the arsfnment that the ri^ht had passed, or was passinf?, into tho law of nations mi^'ht have some force; hnt the examination of thi" laws cited by the United States, to which this Art^ii- mcnt will next proceed, shows that the position taken up by tho United States on this point is absolutely untenable. Her -Majesty's Governmi^nt, therefore, submit that th(^ United Sti'tes' claim to protect tho peals in tho high seas, and beyond tho territorial 'vaters, in so far as such claim is independent of an alleged property in such seals, absolutely fails. It remains to bo seen how far the practice of nations supports the contention of the United States in regard to tho claim to protection or property. onventions. Facts stated in United States' Argument. !Ct3 of United States' argument from laws of other nations. United Slates' Cnsc, p. 221. Ibid., p. 231. Ibid., p. 237. Deductions drawn from such laws. United States' Argument from sng^esi^d Analogy of Laws of other Nations Considrrcd and Answered. The claim of tho United States to rest their Case on tho precedents of tho laws of other nations forms a distinct branch of their Case, and requires to be specially considered. Such laws are referred to, liy the United States, for three (»bjeets : — 1. To endeavour to prove a luiiform practice of nations to protect seal lite from destruction by means of e"+"'^.-territorial legislation. 2. To endeavour to show a uniform practice of nations of extending tho provisions of their fishery laws beyond the 3-milo ^ limit ; and of making these provisions applicable to foreigners. 3. To show that other examples of extra- territorial jurisdiction are to be found in tho laws of other nations. The deductions desired to be drawn by tho United States from tho examples cited aro : — From 1. That the United States' law under which British vessels have been seized is justified by the laws of other natior i for the protection of seals. ' ,,r!;l 4« ! I Prom 2. Tlmt this law is justified by aualoj^y to the fishery laws of other nations ; and That the application of this law to foreigners beyond the 3-milo limit is also justified by example and analogy. From 3. That the law, and more especially in its application to foreigners beyond the 3-milo limit, is further justified by analogy of other extra-territorial laws not dealing with fisheries. It is proposed to demonstrate in the following Argument that those premises are not well founded, and that the position assumed by the United States is untenable. With regard to the argument from the practice of other nations, or from analogy to the practice of other nations, it is submitted that the follow- ing propositions can alone be maintained. To warrant any exceptional departure from the principles commonly accepted by all nations as part of the law of nations, it is essential that there should be an agreement between all — 1. As to the sufficiency of the causes calling for such exceptional legislation. 2. As to the )neans for remedying such causes, i.e., as to the purport of such legislation. This follows from the fundamental principle on which the law of nations rests, viz., consent of nations. This subject has already been dealt with, but British Counter it is necessary to examine categorically the examples of extra-territorial legislation adduced by the United States in order to show that they utterly fail to support the argument for which they arc cited. In support of the first proposition advanced — that seal life is protected by extra-territorial laws of other nations, the instances adduced by United States are the following : — British. The Falkland Islands. New Zealand. Cape of Good Hope. Canada. Newfoundland. General principles on wlijch aiiv exccptii'u must nst. Case, p. 86. Foreign. Sweden. Norway. Russia. Germany. Holland. With reference to the Greenland or Jan Mayen fisheries. 41 Russia. Uruguay. Chile. Argentine Republic. Japan. United States' Caie, Appendii, i, p. 436. Tee Falkland Islands. The Act providing a close time for seals is No. 4 of 1881. It recites that the seal fishery of the islands was once a source of profit to the colonists, but has been exhausted by indiscriminate and wasteful fishing, and that it is desirable to revive and protect this industry by the establishment of a close time within the limits of this Colony and its dependencies. The Statute then enacts that a close time shall be observed "within the limits of this Colony and its de- pendencies " from the Ist October to the 1st April. United States' Case, p. 221, and Appendix, vol. ii, p. 593. The words italicized have a special meaning. The powers of a Colonial Lct^isliiturc are well known ; they have been defined by the Judicial Committee of the Privy Council ; and their limita- tion to the Colony and its territorial waters is not only understood, but is enforced. Yet the United States, instead of referring to long-established principles, prefer to rest their contention that the Colony would interpret this Statute on different principles, and extend its provisions to the high seas, on the deposition of James W. Budington, an American mastei mariner and sealer, in which he merely expresses what his opinion and understanding of the matter are. There is no evidence to support the contention that the Statute would, or could-, be enforced on the high sea. I ivi New Zealand. Ibid., Appendix, The Statute No. 43 of 1878 for the protection of seals ▼ol. i, p. 430. establishes a close season ; no reference is made to waters, but the Governor may by order exclude any part of the Colony from the provisions of the Statute. A " public fishery " is defined to be " any salt or fresh waters in the Colony, or on the coasts or bays thereof;" it includes artificial waters, and extends to the ground imder such water. 1 311 1 ^ I III Ii:; ■ 42 Furtlipr, it is provided that oiTetu'cs against the Act committed on the sea-const or at sea within 1 marim.' league of the coast arc to bo deemed as having been com- mitted in a " public fishery." "Tlie Fisheries Conservation Act of 1884" applies to certain waters o( the Colony, the term "waters" being delincd to mean " any salt, fresh, or brackish waters in the Colony, or on the coasts or bays thereof." The Governor is enabled to make regulations for the protection of fish, oysters, or seals. Ry " The Ameudinent Act No. 27 of 1887 " the penalty for violating the principal Act in its application to seals is increased. Vessels illegally taking seals arc declared to bo for- feited, and Her llajesty's vessels and olRcers are enii)o\verod to seize sucli vessels " if found luithln the juris- dielio)!, of the GoixnunnU of (he Colony of Kciv Zealand." The Act also allows vessels within the same jurisdiction to be searched. With regard to this Iccjislation of New Zealand, United States' . , Ca«e, p. a23. ti\o United States' Case contains au extraordinary niiB-statcmcut : — " The area designated as ' the Colony ' is taken to mean the area specified in the Act [lid & 27 Vict., cap. 23, sec. 2] creating the Colony, which defines its boundaries as coincident witli parallels ;J3^ and 53^ south latitude, and 162° east and 173° west longitude. » • * • "The definition in the Act [The Fisheries Conservation Act, 1884] of the term 'w.atevs' indicates tliat it applies to the entire area of the Colony, of which the south- eastern corner is over 700 miles from the coast of New Zealand, although a few smaller islands intervene." In tho Map in the United States' Case an area Ibid., Apppudli, coloured j)ink is shown, ooinprisiug tho waters '' ''' "* between tlie limits o£ latitude and longitude, to found tho contention that llie.sc waters are included within the colonial limits. The words of tlie Imperial Statute 2(5 & 27 Vict , cap 213, sec. 2, above referred to, neverthe- less, are clear and explicit, and are not capable of being misunderstood. The designation of tho Colony in that Statute is as follows : — "Tlie Colony of New ZcaLmd slinll, Cor the purposes of |i,id_ p. 436. the said Act and for all other purposes whatever, be deeined to coiiipriKC all territories, idamls, and countries lying between 102° east longitude and 173° west longitude, and between tlie 33rd and oSrd parallels of south latitude." Only tiie territories, islands, and countries lying between these limits of latitude and longitude are thus seen to be included within the Colony. British Commig- •ioiu'rs' Ilepnrt, p. lU-i. Unilcd Stalei* Case, |). 224. United States Ciisf, Appendix, vol. ii, p. .■)7(i. Ibid., p. 59C. Uiiili'd Stales' Caie, p. 225. Till' argunioiit lieio shown to ho iallacious is the saiiip ;is thnt hy which tlm Unilcd Slates ehiiiu to treat Bebring Scu. as ceded territory. Cape op Good Hope. Tlio only Regulation affecting thr question in this Colony is a "Capo Government Notice" of 1841, which is as follows: — • His Excellency tho Governor, having been pleased to docido tliat the seal island in Mosscl Bay sliall not be granted on lease for the jnesent, hercliy pnihibits all persons from disturbing,' the seals o.> the said island, and warns thorn from trespassing there after this notice on pain of prosecution." The United States' evidence as to this Colony is that of W. C. B. Stamp, who says that he " knows nodiiiii,' ahout it;" and of G. Comer, who •stales that he would not daro to take seals in the waters adjacent to tho rookeries. Canada. The Fisheries Act, 1886, 49 Vict., cap. 95, prohibita the killini,' of whales, seals, or porpoises with e.\plosive instruments, and during seal-lisliing time from disturbing or injuring any sedentary seal lisliery, or from frightening the shoals of seals coming into such lishery. The United States' statement in respect of this Statute is that it j)rohil)its all persons without prescribing any marine limit ; and the inference drawn is that it applies to all persons on the high seas, including foreigners. This erroneous inference will be disposed of by the consideration of the principles of construction of Colonial Statutes to be presently dealt with. [811] G 3 ^^•If 1^ 1^,* '■■i 44 [■ Newfoundland. Tho Soal FiftliPry Act, 187*^, 42 Vict., cnp. 1, pstnb- United Stnt.-t' lialicil u olviso tiini' for souls, uiiil iiroliiliKs (lie killinij of ,,"*,'''''■ ""'■,. ' " 11ml., Appiiiilix, "cnts" (iniiiiatiiie souls) in onlcr luoro I'lliciontly to yoi. j, |, ^4'.' preservi^ this close tiiiio. Stoumi'is iiro not ullowud to leavo iKUt liofori) ii coitiiiii day. The Soul Fishery Act, 1892, iiroviilea more striiitjent regtihitions for tho obaorviiiici' of tho closo tinii', and heavier penalties for lcavin,!» port belnio a eerlain day. Seals killed in breach of tho closo time nro not to be brought into any port of the Colony or its dependencies under a penalty of 4,000 dollars. Steamers are forbidden from going on a second trip in any one year, and if they shall enj,'ai,'o at any time in killing seals at any place within tho jurisdiction of the Supreme Court of Xewroundland after returning from the first trip they shall bo deemed to have started on a second trip. From tlicse Statutos tlio rollowitij^ ('ouclusions are driiwn in 11)'.' Uiiitod Slalos' Case: — 1. Tliat Girat ih-i(aiii and its doiu'inltMU'ies do not limit tlicir G^vornmoiital proUrtioii to tho fur-seal ; it is extended to all varieties ol' seals wherever they resort to British territorial Avatcrs. 2. And they have thrown about liiem upon tho high seas the guardianship of British Statutes. It is admitted that the principle of providing a close time for seals has been adopted by British legislation as essential to tho preservation of seal life. It is denied that any country has tho power to enforce such close-time regulations beyond the territorial waters against subjects of a foreign nation, though it may do so as regards its own subjects ; and neither Great Britain nor her Colonies have ever departed or attempted to depart from this principle. It is denied that the inferences drawn by the United States in respect of the legislation of some of the Colonies already considered are warranted. The principles of English law show conclusively that such inferences an; unsound ; it has already been shown they arc not in accordance with the facts ; and no evidence has been adduced by the United States to support them. In the case of the Falkland Islands, the conditions recited in the preamble of the Statute United States' conclusions from fore- going British Statutes. Uiiiti'il Stales' Case, p, 'J25. United States' inferences un- warranted. riiited Statei' Caie, p. 'J27. lf.;isliiti()ii as to Greenlauil Fishery, 38 Vict., cap. 18. ■J 5 urc identical with IIiksi- wliicli iwc allrgcd to exist «H to tlio sells ill tin? Xortli I'ariQc, mid the colonial Icf^isiation lias been rraiiicd in strict accordance with the iirinciiilcs contended for by Great liriiain. Neitlicr Great Britain nor her Colonies, under oirciinistances of seal life |)recisely identical with lliose of the seals in (he North I'acifle, have alleiiipted to establish a rif;ht of property in or protection of the seals freqiieiitiiiij and breeding on their shores when they leave tho territorial \vaters. GUEENLAND Oil JaN MayEN FiSnEUIES. The second group of enaetmonts of other coiinlries referred to in tho Unitel States' Case are Iiased upon Conventioii.s ; they therelbro lend no support to the United Slates' contention, that Ihey can by their independent action claim to enforce such regulations agair.st the subject.-) of other nations ia respect of fishing in tho high sea. Tho enactments in question arc those of (Jreat Britain, Sweden, Norway, Russia, Germany, and Jlollaiiil. They all deal with the Jan ^layen seal fisheries in the Atlantic cast of Greeuland ; and l)rocee(l on the principle here enunciated. The first Kecli(m of "The Great Britain Green- land Seal Fishery Act of 1875 " is shortly as follows : — " Wlieii it nppeav.s to llor JLijosly in Council tliat tho foR'i;,'!! States wliu.st; ships ov siiljjcrts iiro eiij,'ai;t'il in llio Jan Maycn lishery have nuulc or will iimke with respect to their own ships and subjects tho like provisions to tliusi! eontaineil in this Act, it shall be lawful lor Her Majesty, by Order in Council, to diicct that this Act .shal apply to the said seal fishery." The legislation of tlvi other countries is con- ceived in a similar spirit, and was passed after nego- tiations betweeii their respective Governments. The necessary legislation having been provided, the Queen, by Order in Council, dated the 28th November, 1876, put the Act in force against her own subjects. 11 it :! * t I ■ ! ■id fill \:iim\W'.' \.i TJio j^iciit (lilliC'Uty ol' oH'octivoly iiuiiiiuiiiiiui; a close tiiiii; in (Ihiinut i'lsliorici in llu' liigh si;as, and ol' j)r()i('i'(ini; and rof^ulatiny; Kncli lisiiurics, oxuo[it as against siiljjecls, has in many inslaiioes been dealt witli by Conventions, as is stated in the United States* Case, These Conventions proceed on principles well established. These principles are : — 1. The determination of the limits of the oxclnsivo fisheries of the respective parties to the Convention, 2. Hxcept as erpvossly varied by agreement the iospeclive national jurisdictions are preserved intact. 3. It is oidy by agreement that jurisdiction on the I\igh si-a over its nationals is given by ono natioti to another. Tliese prini'i|)l"s do iiot atlvanei! the United States' contention. 'I'iie consent of other nations is wantin;; *o (he exercise by the Unitod States of tlic ; xclusive control wliich it claini*;. Tiie existence of (he Conventions demonstrates their necessity ; by such Conventions alone can ono nation presume to control the subjects of auother State upon the -ligh seas. They recognize the right of the subjects of all the Contracting Parties alike to lish in the high sea beyond the territorial waters, but for their mutual hcnclit they subj(>ei the tisliing to regulations to be oltserved l)y tiie subjects of all alike. The Conventions and the legislation giving eU'eet to them do not profess to impose liiese regulations ou the subjc cts of other couutrii > not parties to the Conventio.is, nor to prohii)it them in any way from lishiug in the high sons, nor coald they do so. I'riiuiplus of Kiaii, Uiiilc.l Slatos' C'uju, p. y.'J7, -OilVuljtinn^^ Argument to be deduced from e.tish ence of Couvrutious. Russia. White Sea. Examination of Foreign Seal Legiij lation. The Russian law dealing with tlio Ustinsk sealing industry in the White Sea is set outiu Jjp^ll'J't'oi'. j, the United States' Case. p. 446. rr m 47 }t Fiaiicry L'i;:ivuD''r>r.,i, British Cafe, AppiMidix, vol. ii, Part II. |). 22. Tiu! indiisfry is cariicd on in tlio Gii"" of Mesonsk in tho White Sea ; the gulf is 53 miles wide. The principnl provisions of tho law arc tho appointing certain days of departure to tho fisheries, and pndiihiting tho lighting of fires to windward of tho groups or hauling-grounds of the seals. Tho law is not directly or indirectly applied to foreigners. Further, Article 21 of the Russian Code of Prize Law of 1809 limits tho jurisdictional watera of Russia to {) miles from tho coast. 1 at to be deduced from exist* mce of CouvTutious. HritiMli Case, p. UC. Ibid., Appendix, tal. ii. Part II, ho. 16, pp. 19-20. United States' Cnsf, p. 2'J8, Apppiitlix, vol. i, p. 445. Behring Sea and Sea of Okhotsk. This Article applies to Iho western shores of Behring Sea, and tho regulations puhlished at Yokoiiama in 1881, with respect more especially to sealing olf the Commander and llohben Islfinds, are inconsistent with the United States* contention as to Russia's claims to jurisdiction. The prohibitions contained in these regula- tions were explained by M. do Giers in a letter to Mr. Hoffmann. This nieasurc rcfera only to prohibited industrios and to the trade in contruband ; — " Tiie restrictions which it establishes extend strictly to the territorial waters of Russia only." Caspian Sea. TIio fishiiig and scaling industries in tho Caspian Sea arc also dealt with l)y law, wliich expressly declares that tlic catching of fisli and killing uf seals in tho waters of the Caspian included in the Rui-siau Empire are free to all wlio desire to engage in the same, except in certain speeiiied localities, under observance of tho established rules. A close time is appointed, The Caspian Sea is a land-locked se.a included within the territorial dominions of Russia and Persia, and the regulations have no bearing on the questions involved in the right of fishing in Behring Sea. lation of Foreign Seal Legij lation. 48 Uruquat. The law of Urusfuny establishes a close time United Stntn' for seals on ttie T^ohos and other islands on the *■''"'' 'V. ''^'"^•, . Appetiilix, vol. I, coasts of Ilio do la TLita, and in that part of the p. 449. ocean adjacent to the Departments of Maldonado and llocha, It is in no sense extra-territorial. The provision prohibiting vessels of any kind from anchoring off the islands, and the const ruc- tion of works that luiglit t'ri<;htcn away the seals, is territorial. Britiab Counter Case, p. !M) 'v i pf 1^ i > r'i I 1 m B wM H|' ClIXLK. The Ordinance of 1S92 allows only Chileans im,!., p. 9i. ind foreigners domiciled in Chile to eniia!.;e in the pursnit on land or at sea of seals and otters in the coasts, islaiu/.-i, and tcrritoual waters of the Rejmblic. I'oiT'gii vcss>>ls are prohibited from engaging in this industry. Tl'.is I^aw is oi)vionsly not extra-territorial, but Uniicd States' it is appealed to in support of the United States' ^^''' •'• ■-^"• contention of a right of property and protection on the high sea, to which it :s diametrically opposed. The principles on which the British contention British Couiifi-r- is based are expressly laid down in the Chilean '"^' ^ Code. Argentine Eepubltc. The laws of tin? Republic are not set out in the United Slates' Appendix. The statement in the United States' Case is merely that ])rotection is given to the fur-seals resorting to thr coasts; it is not .stated that the reguhitions are extra- territorial, or that they apply to foreigners. Japan. Japanese law deals with hunting and killing United Sfniei* seals and sea-otter in the Hokkaido, i.e and certain i.slands to the nortli belonging to I'- •'^" Japan. ■y ^, Case, p '."^9. leZO, AppiMiilix, vol. i, Uritisli Couiilrr- Cate, |>. 93, I'Oll'.'lllsilHl flMlll fiTbi''!! lll\V8. 4fl Tho law is not extra-territorial, and the Japanese Government have stated that they consider that there are no moans of checking foreign fishe'*men outside the lino of territorial limits lixod by international law. None of the countries above specified profess to control the killing of seals by extra-territorial provisions, or by interfering with foreigners on tho high seas, or in any other way than in accordance with the principles already estab- lished ; nor do tliey profess to claim a property in or a right of protection of seals in the high sea. The first contention of the United States, that seal life is protected by extra-temtorial laws of other countries applicable to foreigners, is there- fore shown to bo without foundation. lEiaiiiimitiiiu of suuoiul contention of :lic Uiiitoil Stritps as to laws of o'.lior iwliiins. A farther contention of tho United States is that, not seal fisheries only, but other fisheries, are protected by extra-territorial laws of other nations, and tliat they are extended to foreigners. Tlie contention is based on the following examples : — British, Irish oyster fisheries. Scotch herring fisheries. Ceylon pearl fisheries. Queensland and West Australian pearl fisheries. Foreign. France. Algerian coral fisheries. Italian coral fisheries. Norwegirai wbale fislieries. Colombiau pearl fislieries. Mexican pearl fislieries. |a;:.iin.uioii I'f Unlish I'islicry Li'yis- lation. i''rom these examples, an inference is attempted to be drawn tliat the United Slates are warranted in demanding from other nations acquiescence in their claim that their legislation for Alaska should apply to the seal fishery in l?ehring Sea. The contention tliat Ihilisli fishery legislation is extra-territorial, or, if extra-territorial, that it extends to foreigners, remain to be considered. pUlJ U il I IJii.' ! 00 It is later pointed out that considerations (/'«*'. p. 59.) apply to the case of oyster, pearl, and coral fisheries, ■which have no application to the case of free swimming fish or animals. rap. ^,5, sec. 67. Tiiisn Oyster Fisukries. The law dealing with tiic oyster fishers on the coast of Ireland is shortly as follows : — The Statute permits the Irish Fishery Com- 3 1 .md SJ Vict , missioiiers to regulate, by bye-laws, oyster dredging on banks 20 miles to seaward of a certain line drawn between two headlands on the east coast of Ireland. Within this line the extreme depth of inden- tation is not more than 5 miles. The Act provides that the byo-laws are to apply equally to all boats and persons on whom they may be binding ; but they ar(> not to come into operation until an Order in Council so directs. The Order in Council is to be binding on all BritiiL sea-fishing boats, and on any other sea- fishing boats specified in the Orders. The facts Avhich have occurred since the pass- ing of the Statute are as follows : — The Commissioners have made a bye-law appointing a close time. Tlie bye-law was put in force by Order in Council of the 29th April, 18G0. The Order recited the powoi' given to the Queen l)y the Act to specify other besides British boats to which tlie bye-law was to apply. No other boats were so specitiod. The law is therefore expressly limited to British boats within the 20 miles. It cannot by the terms of the Act itself apply to any foreign boats. It would be contrary to the prirciples on which British legislation invariably proceeds tl>at bye- laws should apply to foreign boats outside the 3-mile limit, unless power to enforce such a bye- law against the boats of any nation had been acquired by Treaty. The provision was inserted in the Act to provide for the case of any such Treaty being entered into. Thereafter, without such cuabliug provision in the Act, the Queen would possess no poAver to Unilfd Slalei' Ca«p, J). 232. Ibid., )i. 233. (Post, p. 5G.) M make an Ordor in Council bringing foreigners within the Act. Tlic statempnt made in the United States' Case is therefore inaccurate. Scotch Hekuing Fisueuies. By the Act of 1887, 52 & 5.3 Vict., cup. 23, a close time is provided, and trawling is prohibited within the north-eastern indentation of the coast of Scotland : the line of limit is drawn from Duncansby Head, in Caithness, to Rattray Point, in Aberdeenshire, a distance of 80 miles. Penalties are imposed on any person infringing the provisions of the Act. Stress is laid in the United States' Case on the words "any person;" and the statement is made that " the Act is not confined in its opera- lions to British subjects." This statement is at variance with the principles of English legislation and the practice of the English Courts in interpreting Statutes. "Any person" is a term commonly used in English Statutes dealing with ofionces, and it is invariably applied to such persons only as owe a duty of obedience to the British Parliament. United Slatcj' Case, p. 2j;!, Appendix, vol. i, p. 461. Hritisli Counter- Caip, pp. 93, 94. {Potl, p. 59.) L. II., 2iul Ks. I), oa. Cetixjn Pearl Fisheries. The pearl fisheries on the banks of Ceylon, which extend from 6 to 21 miles from the coast, are subject to the Colonial Act of 1811, which authorizes the seizure and condemnation of any boat found within the limits of the pearl banks, or hovering near them. These pearl fisheries have been treated from time immemorial by the successive rulers of the island as subjects of property and jurisdiction, and have been so regarded with the acquiescence of all other nations. The principles governing the occupation of such pearl fisheries will be dealt Avith at a later stage of this Argument; for the present it is Bufficient to indicate the proposition which Great Britain will maintain by a quotation from Chief Justice Cockbum, in Reg. v. Keyn : — [311] H 2 I- *i. ^HSi " Where the sea, or the bed on which it rests, oftu be physically occupied permanently, it may be made subject to occupation in the same manner as unoccupied terri- tory." k^ifi Tho special application of this principle to ..DfoitdoOeus," the Ceylon fisheries was thus treated by Vattel:— *• "•=• ^87. " Who can c'oubt that tho pearl fishcrios of Bahrion and Ceylon may ' fully become prop ty ?" Australian Pearl PisnERiEs. In tho United States' Case reference is thus made to the Australasian fishery laws : — Tiicsi- Statutes extended the local regulations of the i;,iiiej Suie»' tho two co\mtries mentioned (Queensland and Western Case, p 334. Australia) to defined areas of tlio open sea, of which the '^''P,'c^'',Vo°'' '* ' [ip. 467—169. most remote points are about 250 miles from the coast of Queensland, and about COO miles from the coast of q^^^ „ g^ Western Australia. It suflicf J to point out that these Statutes are in express terms confined to Uriti ships and boats attached to British ships. Foreign Fishintj Laws discussed. Trance. Examination of Foreign Fi.iliory Legislation. By thu Decree of the 10th May, 18G2, certain fisheries (j|,;i ,j Statei' are allowed to be temporarily suspended over nn extent t-''> -> !•• 234. of sea beyond the 3-niilo limit if it is necessary for tho Itritish Counter- preservation of the bed of the sea, or of a fishery com- ^'"''» P" "~^^' posed of niif,'ratory fishes. Tlic stispension will bo ordered on the re(\u(!st of tho " prud'lionimes des pCcheurs," or, in their absence, of the " syndics vies gens de mer." There is no evidence that this law is applied to foreigners. On the contrary, tliere is evidence that, apart from Conventions, France only legislates for foreign fishermen within the 3-mile limit. Article 1 of Law 1 of March 1888 lays down : — " Fishing by foreign vessels is forbidden in tho terri- torial waters of France and Algeria within a limit which is fixed at 3 marine miles to sen from low-water mark.' Uritisli Counter- Caae, p, 95. Unitfd States* Caie, Appvntlix, vol, i, p. 41)9. (Poit, p. 59.) S3 Alokrian Coral Fisheries. The United States' Case proceeds : — " Nuiiu'voiis laws Imve iilso been enncteil by Frnnco to protect ttiiil regulate llio coral fisheries of Algeria, both as to iMlivcs and foreigners, and the coral beds so regulated exteiul at some points as far ns 7 miles into the sea " Tliis statement is not verified by partievilars or evidence, but a Map is given in the United States' Case, in whicli tliis 7-miio limit is indi- cated. The international law as to occupation of coral beds will be dealt with presently ; but it may be noted that the analogy between a 7-mile protection of a coral bed extending from low- water mark under the sen, and protection of seals on the high .sen, is not apparent, cither as to tho principles governing the two cases, or the facts to which those principles should be applied. { ' .' United States' CVo, p. 235. Iliid.. Appendix, pp. 470-481. It.vlian Coral Fisheries. The United States' Case states that — " the coral beds surrounding tlic Island of Sardinia, and lying ofT tho south-west coast of Sicily, have been inado the subject of elaborate regulations by the Government of Italy." The remarks that have already been made as to the Algerian coral lisheries equally apply to tho Italian reefs, and it is not suggested by tho United States that foreigners have been ex- cluded. ' i British Counter- Case, p. 96. United Slates' Case, p. 236. Ibid., Appendix, vol. i, p. 4H2. NOUWEGIAN WUAI.U FISHERIES. Tho Norwegian law of 1880 for the protectioa of whales provided a close time " on that part of the sea on the coasts of Finniarkeu Avhich the King will define." The Proclamation of the King, in 1881, accordingly defined that part of tho sea to be 1 Norwegian or Swedish mile (equal to 4 British miles) from tho coasts of Finmarkeu, to be counted from tho outermost islands or rocks which arc never covered by tho sea. ; j 'H \ j'lil 8t ifi The whole of Vavangcr Fiord is included, the distance between the headlands of the flord being 32 miles. The Norwegian law is, therefore, expressly limited to a small area of territorial sea. The special protection in Varanger Fiord falls within the principle of waters of the territory to {Post, p 69.) bo hereafter explained. Colombian Pearl Fisheries. The Law of Panamd is i Vius stated in United United States' States' Case. It prohibits- {;».'/' P- ^'^\ '■ Ibid., Appendix, "llie use of iliving-machiiies for the collection of ^'°'-''PP- ''*^"''^^- pearls within nn area of the sea over 60 marine miles in lenftth, and extending outward about 30 marine miles from tlic coasts." There is no evidence to show that the law in question, if con-ectly stated, applies to foreigners. Even if the bays shown on the United States' Map are intenJed to be included in the applica- tion of the law as is suggested in the United States' Case, the claim must be justified, if at all, on the principle of waters of the territory previously referred to and subsequently explained. (Post, p. 59.) J[exican Pearl Fisheries. The United States' Case states— United States' Caso, p. 2S6. that along the coast of Lower California the pearl-beds Ibid., Appendix, have been made tlie subjer' of special exclusive grants to ""'■ '> P' '*'^1' private iiulividuals, and h. - been divided for this purpo.se into two belts : the inner belt extending seaward for 3 miles (5 kilom.), and the other belt for G mile.s (10 kilom.). Foreign vessels are admitted generally to the British Counter- Mexican fisheries if they comply with the laws "' and regulations. Tlie only claim made by Mexico is to regulate all fishermen alike ; but with regard to English fishermen, attention is drawn to the provisions of Article IV of the Treaty of 1888 between Great Britain and Mexico, by which the two Powers agree to 3 miles as the limit of their territorial waters. -" ■ >- y- .. .-..ji -j .. ■. . ■, ■■. , Ibe United States' contention not supported by foreign laws. I jtatement of legal principles referred to in analysis of British and foreign laws. faira-territorial laws of n State have no appUcation to foreignc o. These are the only foreign laws set out by the United States, and it may be assumed that there are no laws of any other countries on which the United States could rely to support their claim, either directly or by analogy. Her Majesty's Government submit that these laws do not support the United States' contention. Examination of Legal PniNcirLiis. Throughout the foregoing discussion of the legislation of various nations, certain principles of law have been referred to, the full explanation of which had necessarily to be postponed until the examinations were completed. For convenience these principles will now be col- lected, and will then be separately examined : — (I.) That by the universal usage of nations, the laws of any State have no extra-territorial application to foreigners, even if they have such application to subjects. (II.) That Great Britain has incorporated this principle into her own law by a long-established usage, and a series of decisions of her Courts ; and that the law of the United States is identical. (III.) That the British Colonies have no power to legislate for foreigners beyond the colonial limits. (IV.) That international law has recognized the right to acquire certain portions ol' the waters of the sea and the soil under the sea, in bays, and in M'aters between islands and the mainland. (V.) That the analogy attempted to be traced by the United States between the claims to protect seals in Behring Sea, and the principles api)lieable to coral reefs and pearl-beds, is unwarranted. (VI.) And, finally, that there is no complete or even partial consent of nations to any such pretension as to property in, and protection of, seals as set up by the United States. I. It is submitted that, as well by international and constitutional law as by the conunon consent and practice of nations, the laws of a State have no application to foreigners beyond the territorial limits of that State ; and that if they are declared i ■ ;UI ^ \4 pii Hi 60 I: to have an extra-territorial applicatiou, it is limited to subjects of that State who may fall within its provisions. Tlio fitndnmcntal principle which governs tlie application of laws is expressed in tiie maxim, extra tcrritorium jus dicenli impune non piiretur. No general propositions are clearer than these. All persons are subject to the laws of a country in which they arc. No person is juhject to the laws of a country in which he is not. The only exception is that subjects may ho legislated for by their own Legislature, even though they arc abroad, the enforcement of any punishment being reserved till such time as they return to their own country. These principles are of equal force on the high eeas. In ships on the high seas, no one is subject to any jurisdiction but that of his own country, or of the country to which the ship belongs. The laws of other countries do not bind him, and he may disregard them with impunit, . Tlio laws of Great Britain have no extra-territorial application to foreigners. L R., 2 Ex. D. G3, II. It may be conclusively demonstrated that Great Britain has incorporated this principle into her municipal law by a long-established usage, and by a series of decisions of her Courts. In Reg. V. Keyn, Cockburn, C. J., said : — " Wliero the liuiguago of a Statute is general, and may include foreigners or not, tlie true canon of construction is to assume that tlio Legislature has not so enacted as to violate the rights of other nations." This is the answer to the argument of the sec also the caio United States, based upon the words " any of the *■ Zoll- person " in British and Colonial Statutes iiritisll Counter- Tlic iutiuiato connection between the national ^''*''' V- ^'■*- law and the iuternatioual law is indicated in the Judgments now quoted. Quotations from English lu.lgmnnt.i In the case of " Le Louis," Lord Stowcll '-' Uctlson, 239. said : — "Neither this British Act of Parliament nor any Com- mission foimded on it can a fleet any right or interest of foreigners unless they are founded on principles and impose regulations that are consistent uith the law of nations ; that is the only law that Great Britain can apply to them, and the geiieralily of any terms employed in an Act of Parliament must be narrowed in construction by a religious adherence thereto." 67 9 De G*i. and J. So ill Cope ti. Dohcrty, Lord Juitico Turner «'*• said:- "Tliiu is II British Act of Farliaineut, and it is not, I tliink, tu be prosuniod that tho lii'ilish Parliament could intend to k-giiilato hh tu the rights anil liuMlities of foreigners ; in order to warrant such a conclusion, I think that either tho words of tho Act ought tu bo express or tliu context of it very clear." 4 H. L. Caiai, 'J26. So in Jeffreys v. Boosey, Bafon I'arke said : — " Tho Legislature has no power over any persons excci't its own subjects, tlial is, persons natural-born subjects, or re8ident,or whilst they are within tho limits of the kingdom ; the Legislature can impose no duties except on them, and when legislating for the benefit of persons umat j^rimd facie be considered to mean tho benelit of those who owe obedience to our laws, and whose interest tho Legislature is under a correlative obligation tu protect." L. U., IS Ch. D. 500. L. R., 9 Ei. D. 63. rom Knglish •IinlgnicnU A remarkable ai)plication of this i)rlnciiilo occurred in the case of ex parte Blain re Sawers. Tho question arose; as to the ajiplication of tlio Englisli l^ankruptcy Law to fui'(«igner.s in England ; tlu' definitions of acts of bankruptcy in the Statute include tli<> commission of certain acts "in England or dsewhorc ; " yet it was held liy the Court oi Appeal that a for'-igner in England, although on general principles be was subject to English law, could uot be made bankrupt unless he had committed an act of bankruptcy in England. 'I'he Avords "or elsewhere" were held not to apply to such a foreigner on the ])rinciples above stated. It is unnecessary further to cite authorities ; one more quotation from Chief Justice Cockburn's judgment in Eeg. v. Keyn will sulTicc : — " Tlie argument i.s llial the language of the StaluK; (of Henry VIII as to ofTenccs on tlie sea) being general in its terms, it must be taken to have included foreigners us well as subjects. No doubt these words are largo euougli to include foreigners a.s well as subjects, but so they mo to include tiic entire ocean as well as the narrow seas ; and it cannot be supposed that anything so preposterous was contemplated as to make foreigners liable to the law of this country for offences committed on foreign ships all over the world." It is submitted that the Statute under whicli the British vessels were seized and con- demned was either wrongly interpreted, or was ultra vires. [}m] I ' ' M m ■ s- ' B8 Ilf. :i ^hi It may furtlior be (Icinonstrated that tJreat Britain li.as not aHsimicil to ^vnnt to Ik.t Colonics any larger logisliitiv(< power tiian slio assumes to possess herself ; and that the Colonial Legis- latures cannot assiimo to themselves any power of extra-territorial K\i,'isIafiou for foreigners, as is alleged in the United Stales' Case. On this point, it would be suflieieiit to refer to the words of "Tius Territorial Waters .Juris- diction Act, 1H78," which defines the territorial waters "adjacent to tho United Kingdom or any other part of Her Majesty's dominions " to extend no furtlicr tiian 1 marine league from low-water mark. Tlie Judicial Committee of the Privy Council have expressly declared the limits of tlio Colonial Legislative i'ower. In Macleod v. Attornoy-Ueneral for New South r<,u. is9l, A.C, Wales the colonial law as to bigamy was con- '*'*^' sidcred. The section enacted that — " WliDsoover Ijuiiig uiaiiiod luarrius another person during the lifo of tlio t'ornior husband or wife, wheresoever such second marriage takes place, shall be liable to penal servitude for seven yoare." Hero were general words similar to the words "any person " so much relied on by the United States. The Judicial Committee nevertheless rejected their general application. They said : — " The colony can have no such jurisdiction, and their Lordships do not desire to attribute to tlio Colonial Legisliiturc an effort to enlarge their jurisdictio to such an extent as would be inconsistent with the jiowers connnitled to a colony, and iiideeil inconsistent with the most luniiliar principles of international law. • • • • "The words ' AVhosoever being married ' mean ' whoso- ever being married and who is amenable at the time of the ull'ence committed to the jurisdiction of the colony.' • • • • '" Wiicresoevev' may be rend, 'Wheresoever in this colony the offence is committed.' " And so, both in case of colonial laws and in the case of English laws, the words "any person " mean " any person subject to the juris- diction of the Legislature passing such laws," subject, that is, in accordance with the ]>rinciples Colonies liovo no power of extra-tptii. torial legislation lor foreiynciH. ill 60 til' iiiU'rimtidiinl nnd const ilulioiial luw hero t'xpiaiiied. Tlio (roiitoution of tlic Uiiitod States tliat tlio British ooloniul laws warrant, or alTord somo atinlof,'y to, tiic Alaskan Seal Statute, is entirely devoid of foundation. Iliivfiir iutcriiatiunul law rncoxuiises irixlit to possusHidii (if pints of Die k'lluf the Hea. TV. It is next subniitted— 'J'liat internatioiiiil law ivcDgnizcs the right of a Stat(! to acquin; certain portions of tho waters of tilt) sea and of tiu; soil under the sen, and to include tlieni within the territory of the State. This affords a legitimate explanation of tho cases of foreign extra-territorial Tisliery laws cited by the United States, quite apart from any question whether they apply to foreigners or not. Hut it affords no justification for, nor arc they analogous to, the Alaskan S-al Statute, as is contended by the United Statf s. Tho territory of tho nation extends to low- water mark ; hut certain portions of the sea may he added to the dominion. For example, the sea which lies iiitrr fauces Icrrtf, and, in certain exceptional eases, parts of tho sea not lying Inler fauces terra;. The claim applies strictly to the soil undei' the sea. Such claim i.iay be legitimately made to oyster beds, pearl fisheries, and coral reefs ; and, in the same way, mines within the territory may be worked out under the sea below low-Avater mark. Isolated portions of the high sea cannot he taken by a nation unless the bed on which they rest can be ])hysically occupied in a manner analogous to the occupation of land. These principles, though they explain legiti- mately all tho examples of foreign laws dwelt on by the United States, show also that no right to, or on, so vast an area of the high sea as Behring Sea can be acquired. Nor has any such claim ever been made. liWnce of analogy between protec- tion of swiiniuint; animals and of oyster and coral beds. V. It is further submitted that there is no analogy between a claim to property in and vo protect swimming animals, such as fish and seals, and a like claim in respect of oyster, pearl, or coral beds. [311] I 2 ■ k m ♦if' * The exclusive fishery right I'ocoi^nized hy inter- national Irnv Avithin the territorial waters, or the Avatcrs of the dominion, cannot at any rate be ^dac'cd hii>;iier than the right to take possession of wild animals which the common law gives to the owners of land on which (ho animals arc. It' there wci'ii any land anim.ds Avhich hy nature Avcre attaclicd to the soil, the common law right Avould he practically c(pii\"alent to a right of properly ; and so as tv^ oystera and coral hods, Avhcn they arc witliin the waters over Avhici. international law recognizes an exclusive lislun-y right, this right hecomes equ.valent to a riuht of property hecause they are at 'ached to the soil. But in animals which move from this area into the high sea no such property can be acquired. m 1 J, (ij ! '' I t "II^ VI. Finally, it is submitted on this bi'anch of the United States' Ai-gument, that there is not shown to be any consent of nations to any proposition which would warrant the United States' claim to the right of protection or property, now for the first tizne advanced. No consent of nations to principle of right clairaed by United States. (I • In ' n •i^ II '4 W The United States endeavour further to sup- port their contention by a reference to certain oJjcr extra-territorial laws not connected with h 'lerios which have been passed by other nfi 'ons. They state — " Rufereiici' may also be made to the British Hovering United Statei' Acts, the St. Helena Act of 1815, and the Quarantine Caie, p 237. Act of 182.';." Tkfi " Hoverimj Acts." These Acts have been passed to prevent smuggling. They establish a practice which has hitherto been acquiesced in both by Great Britain and the United States, but they afford no analogy, cither in fact or ;u principle, to the Ur.ited States' claim in the pre ent case. In the first place, it wil' be observed thifc the Hovering Laws do not extend the limit of territorial waters, or assert any general claim of dominion over an area of the sea beyond the ordinary 3-miIc limit, 8uch as is Examination of United .States' A'gu- ] ment based on the "Hoveingj Acts." ■■' ■ '•^i.-A 61 asserted by tlu? United States over the waters of J3eliring Sea east of a certain lino. They simply claim to exerciso a special jurisdiction over certain vessels at a comparatively small distance outside tlio usual limit, in order topreveut or punish olTenees against the jurisdiction within that limit, to which such vessels arc accomplices. And in the case of a British vessel which was seized in 1890 by a Russian cruizer, on the ground that she was soal-iishing within Russian territorial waters, iler Majesty's (Tovernraent were of opinion that even if the vessel at the time of her seizure was herself outside the 3-milo territorial limit, the fact that she was, by means of her boats, carrying on iishing within Russian waters without the j)rescribed licence precluded them from remonstrating against the seizure. But no such conduct jias been alleged against the British vessels seized by the United States. They were not hovering at sea, they were not lying-to with intent to proceed to the territory, or the territorial waters of the United States, with intent to assist others in breaking the law there. No such grounds have ever been alleged for the seizure of the British vessels. The claim of the United States is to include the right to seize such vessels within their general jurisdiction over Bchring Sea, and the analogy of the Hovering Laws cannot be adduced in support of such a claim. Moreover, even if such analogy existed, the consent, or acquiescence, of other nations, which exists hi the case of the " Hovering Acts " (so long as the jurisdiction is exercised within reasonable limits), is wanting to the claim of jurisdiction advanced in the present case by the United States ; and this absence of consent, or acquiescence, is fatjil to a claim which involves the right of search and seizure on the high sea outside territorial waters, and, coi\sequently, a violation or limitation of the freedom of the sea. " The St. Helena Act, 1815." Examination of United States' Argu- ment based on the St. Helena Act. At the peace of 1815 it was determined by Great Britain, in conjunction with the allied Powers, that St. Ifelena should be the place allotted for the residence of the Emperor Napoleon Bonaparte, under such regulations as might be necessary for the perfect security of his persou ; I i^ w^ li'i ■' \ and it was resohctl that, l'>>r this purpose, all ships whatever, British and forei^, excepting only tho East India Company's siiips, should bo excluded from all approach to flh<> i*iliand. Notice American State was accordingly given by the tV.tnkh Charg6 P'pe", vol. iv, d'Affaircs at Wasliington to tli'- {Jmr^-id State:-' Government on thf JJAth Netweew Gi^eat Britain and the tnited States, dated tk" :M July, 1815, under ArticV' ill of which liberty i/ toueiimjj for refreshnieaf at the island was giveaM® XJiiHeiA States' vcs9«l«. <'^mld not be carried out' in ti6t respect ; and ^Itrf "-le ratilirations ol' the Ifffeaty would be exclirinv^i -' under the explicit dedica- tion that United ^'■^./nn' vessels could not be allowed to toucii at, oi' *old any communication whatever with, the island, so long as i< should continue to bo the residence of the Efj'ii>eror. The Treaty was ratified on this undci-nftandinjg. The arrangement made; for the general s:rt'e*y received the consent, express or implied, of aH nations. If any analogy can be found between that case and the one now under discussion, it goes to show that tiie United States cannot exclude other nations from the seal fishery without a like consent. " The Quarantine Ad, 1825." This Act depends upon the principles already adverted to with regard to the Hovering Acts. It is submitted that no one of these three Acts aflbrds any analogy or jnstitication for a jurisdic- tion based merely on protection of trade, and claimed and exercised many hundred miles in open seas. 1 I J "I I ,titt Therefore, it is submitted that the assertion that the practice of nations supports the United States' contention in regard to their claim to property in, and protection of tho seals in the high sea, is without foundati x. If it is regarded as an as -umptiou of jurisdic- tion on the high sea, it is entirely beyond the power of the Unites aics' Congress to pass an Act applyinr- I'oreigners; for, without General conclusion on this braiicti ot the Case Answer to Qaestion 5. C3 acquiesceuce of other nations, and without example in the practice of other nations, it infringes the rights of those nations upon the high seas. If, on tL J other hand, it is regarded as part of a general jurisdiction exercised hy the United States over Uehriiig Soa, it was also hcyond the power of tlio United States' Congress to make the Act applying to foreigners ; for, without the consent of other nations, and witliout exnmplo in the practice of other nations, it extended the territorial Avaters of the United States to a limit hitherto unlanwn and unrecognized, and in so doing it infringed the rights of other nations upon the high seas. Therefore, it is suhmitted that the foregoing facts and arguments conclusively estahlish the answer to Question 5, raised hy Article VI of the Arhitration Treaty, in favour of (Jreat Britain, thatis to say : — To Question 5. — That the United States have no right (o) of protection, or (b) of property, in the seals frequenting the islands of the United States in Behriug Sea when they arc found outside the ordinary 3-mile limit. PART III. REGULATIONS. It is now desired to formulate, on heha'f of Great Britain, the outline of tiic argument which will he presented in connection with the question of Regulations. As stated at p. !) of the original Case, Great Britain has throughout heen favourable to the adoption of general measuies for the control of the fur-seal fishery, provided that such measures he equitable, and framed with due regard to the common interest. It is, however, essential that any Begulations should operate to preserve the fur-seal industry for the enjoyment, not of the United States alone, but of all those wlio may lawfully engage in sealing. In this connection, the attention of the Arbitrators is respectfully directed to the general considerations summarized at p. 159 of the British Counter- Case, Though in the United States' Case (Con- clusions) it is maintained that Kegulationi^ must practically bo such as to prevent pcdagic sealing everywhere, it is nlm stated that the United i I 64 Siates are in the position of trustees of the sealing United Sutei* interest, thus involving the idea of other rights C"*>P*'0- besides those of tlie United Stales. Tlie United Stales further, in their eoiichisioiis to their Case, include in the second " Material question " to he determined by Arbitrators : — "Whether till! I'nitetl Slates and Great J5ritaiii ought Ibid., p. 299. not iu justice to eacli other, in sound policy for tiio common interest ol' inunliind, iJie., ' to enter into such reasonable arrangement by concuiTent roguhitioiis or con- vention, in wliicli lliu participation of other (iovernnients may bi; properly invited,' " &c. Ii the Counter-Case of the United States, ho never, a more advanced position is taken. We read : — " Tlie United States insist, as claimed in tlieir Case, that United States' they have, upon the facts established by the evidence, such -"pji"' '"^' a property and interest in the seal herd frequenting the Islands of the United States in Bering Sea, and in the industry there maintained arising out of it, as entitles them to protection and to be protected by the Award of this Tribunal ai/uiiist all pelayic scaliuij v.'hidi is the subject of controversy in l/iis Case, and quite irrespective of any right of property or of self-defence in resjiect (jf their territorial interests, they claim to have clearly sliown that no regulations short of prohibition will bo sufficient to prevent the early destruction of the Alaskan seal herd." II ."-^ I Before considering the scope of the Regula- tions, the question as to the area of Avaters over which they should extend requires notice. It appears from certain passages in the United States' Case and Counter-Case, that it Avill be contended on nehall' of llie United States that the Regulations sliuulil amount to a practical prohil)ition of ])elagic sealiu'^' ii; all waters to United Statei' Avhicli seals from the l'ril)ylolV l:,lauds resort, '"*' PP" and should effectually proliibit and prevent the Counier-Caie, capture, anywhere upon the high seas, of any •" seals from the I'ribylolf Islands. It is submitted that any such contention is entirely beyond any claim ever advanced by the United States 'it any stage of the controversy prior to the delivery of their Case, and is contrary to the agreement of the parties .vhich was embodied in the Treaty. That Treaty deals, and deals only, with " questions wiiich ha', e arisen" between the two Governments. In no part of the discussion was it suggested that the rights of the United States to limit the killing of seals extended beyond Rehriug Sea. On tlie contrary, when the m United Sfkto' Caap, Appendix. Tol. i, p. 306. Ibi<1., p 315. Ibu)., p. 326 65 British Government desivud the assent of Russia to the motlu.'i vivendi proposci in i he month of June 1891, it uas pointed out hy Sir. Wharton, in a despatch to Sir Julian Pauneefote, dated the 4th of that montii, that tlio contention hetwocn the United States and Great Britain was limited totliat part of Beliring Sea eastward of the line of demarcation descrihed in the Convention with Russia of the 30th March, 18G7 ; that Russia had ncvev asserted any riglits in the waters afl'ecting tlic suhiect-raatter of the contention, and could not, therefore, he a necessary prrty to the negotiations if they were not expanded ; and further, thi<.t the authority of the Piesid ;nt was derived from the Statute of the Unite 1 States, and that no authority was conferred upon him to prohihit o- make p^nal the faking of seals in the Avaters of Bchring Sea westward of the line referred to. It is scarcely necessary to point out that such language not only depends for its force upon an assumed jurisdiction over an area of sea, but is wholly inconsistent with the contention that pelagic sealing in the i^arts of the Pacific Ocean outside Echring Sea, or in those parts of Uchring Sea west of the line of demarcation, was the subject of controversy between the parties. Further, on the 11th Juno, 1891, Mr. "Wharton, in his letter to Sir J. Pauneefote, stated that the Government of the United States, recognizing the fact thai full and adequate measures for the protection of seal life should embrace the whole of Behring Sea and portions of the North Pacific Ocean, wouM have no hesitancy in agreeing, in connection with Her Majesty's Government, io the appointment of a Joint Commission to ascertain what permanent measures were neces- sary for tlie preservation of tiie seal species in the waters referred to, such an agreement to be signed simultancoushj with the Convention for arbitration, and to be without ,>-ejudi.'e to the questions to be submitted to the Arb.lrators. Later, viz., on the 8th March, 1892, Mr. Whar- ton wrote to Sir J. Pauneefote : — " The United States claims an exclusive ri,<;;Iit to take seals ill a portion of the Belirini; Son, wliile Her Afajosty's Governineut claims a common rit,'lit to pui'suc arui take the seals in those waters outside a il-milo limit. This serious and protracted controversy, it hus now boon happily agreed, shall be .submitted to the determination of a tribunal of arbitration, and the treaty only awaits ^ l-M [311] 66 ! ^* ; J 111 the action of the American Senate. ... If the contention of this Government is sustained by the Arbitrators, then any killing of seals by the Canadian scalers during this season in these waters is an injury to this Government in its jurisdidion and property. . . . Tlie United States United States' cannot be expected to suspend the defence, by such means ,".' Appendii, as are within its power, of tlie property and jurisdictional rights clniined by it, pending tiio arbitration." And on the 22n(1 IVfarch, 1892, he again writes :— "For it must not be forgotten, that if Her Majesty's Ibid, p. 361. Government proceeds during this sealing seoson upon the basis of its contention as to the rights of the Canadian Healers, no clioice if, left to this Government but to proceed upon the basis of its confident contention, that pelagic scaling in the Bchring Sea is a)i infraction of its jurisdiction and property rights." There is i\o known method whereby the seals resorting to Behring Sea may he distinguished, at any rale b'^forc capture. Upon no construction of the Treaty couhl it he pretended that the Tribunal of Arbitration is empowered to regulate the jiursuit of seals generally. To prohibit the pursuit of certain specified fur-seals outside of Behring Sea, or to make Eegulations concerning them, would be impracticable, and it is submitted would be beyonu the authority given to this Tribunal. Passing from the quesdou of the area of waters over which the proposed Regulations should extend, and a.ssuraing tlie Regulations to apply to the Avhole, or some part of, the non- territorial waters of Behrini^ Sea, the contention of the United Stales, so far as it can be gathered from their Case, is that pelagic sealing must be entirely prohibited. It is submitted that tmy decision of the Tribunal prohibiting pelagic sealing would be contrary to the terms of the Treaty. Article VII contemplated the establishment of Regulafiims as applicable to the pursuit of seals outside territorial waters ; and the prohibition of pelagic sealing is not authorized. To contend that pelagic sealing should be entirely prohibited would be, under cover of so- called IJi'gulations, io defeat the manifest inten- tion of the parties. Tiio following argument is, therefore, bised upon the view that the Regulations should he such as should be fair, both to the United Stat.es as owners of the Pribyloff Islands, and to Great •; H [Ti ts I ?l United State* Case, Appendii, vol. i, p. 284. 67 Britain iis representing those who desire to engage in the lawful industry of pelagic sealing, but who at the same time arc willing to bo bour.d by such Regulations as ara necessary for proper protec- tion and preservation of the fur-seal in, or habitually resorting to, 13chriiig Sea. rurtherniore, it is essential that the Regula- tions should be such as would be likely to secure the adliesion of other Towers, and would not operate as an inducement to thorn to with- hold their consent witli the knowledge that by so doing they would secure to themselves greater advantages from the industry in (question. As appears from the British Counter-Case, and from the Report of the British Commissioners, the main provisions which might be properly embraced by Regulations are the maintenance of a zone of protected Avaters round the breeding- islands, the establishment of a close season, and restriction as to the date in each year when sealing-vcssels should enter Bchriug Sea. Having regard to the fact that each of these proposals, when taken separately, is treated in the United States' Case and Counter-Case as being of no value, and that the i)roposals collec- tively appear to be considered as wholly insuffi- cient, the way in which the question has been dealt with by the United States in the corra- spondence prior to the Treaty of Arbitration is worthy of consideration. Up to the month of December 1890, sugges- tions of a more or less general character appear from time to time in the correspondence to the effect that international Regulations should be established through the medium of a Convention, to which all nations interested should be parties. These suggestions led to no definite agreement, and were succeeded by a proposal contoined in the following passage from a note of Mr. Blaine to Sir Julian Pauncefoto, under date the 17th December, 1890 :— 'The President will ask the fioverninont of Great Britain to agree to the cHstanco of 20 niaiine leagues within which no ship shall hover roiuul the islands of St. I'aul and St. George fioni the 15ih Jlay to the 15th October of each year. This will prove an effective mode of preserving the seal fisheries for the use of the civilized world." And in the same despatch there was formula cod a question, in the following words, on which tlio [-311] K 2 Pll fM'yjp^l 'i i i 68 Vllth Article of tlio Treaty of Arbitration was founded : — "Sixtli. If tlio (IctiM'iriiimtioii iif tlio forci^diiit; (luiistioiis Uciited Swtos' shall loiivc! tho sii1>jcct in such jiositioii tinil the concur- ^^j""; •■^'''.'uy "' rence of Groat liritaiii is neui'ssary in proacribini^ roijiila- tions fur lliii killing of the fur-sual in any part of tlio waters of ISuliring Sea, then it shall ho further detor- minod : First, how far, if at all, out:.i(lo tho ordinary terri- torial limits it is necessary that tho United States should exercise an exelusivo jurisdirtion in order to protect tho seal for the time living' upun the islands of the United States, and fee. ling therefrom. Second, whether n closed season (during which the killing of seals in tho waters of Bel ring Sea outside the ordinary territorial limits shall he proliiliited) is necessary to save the seal-lishing industry, so valuable and important to mankind, from deterioration or dcstrucliiin. And, if i-o, tliird, what umnths or jiarts of months should bo included in such season, and over what waters it should ex'eiid." To tills proposal of Mr. Blaine's Lord Salisbury replied in his despatch of the 2l8t Pebruary, 1891, in which, dealing with the sixtli question, he observed : — " The sixth question, which deals with the issues that ibid, p. 294. will arise in case the controveisy should be decided in favour of Great Tiritain, would perhaps more fitly form the substance of a separate refercuce. Her Majesty's Govern- ment have no objection to refer the general question of u close time to arbitration, or to iscertain by that means how far the enactment of such a provision is necessary for the preservation of the seal species ; but any such reference ought not to contain words appearing to attribute special and abnormal rights in the matter to the United States. ' %' •! 81 'I Finally, in deference to the objection thus liiiJ, p. 3ia. taken by Lord Salisbury, Mr. "Wharton, in a letter of the 25th June, 1892, to Sir Julian Pauncefote, proposed what now forms Article VII of tho Treaty. It is therefore to be noted that the original proposition, emanating' from the Trosidcnt of the United States, vi/., that the establishment of a protective zone, within Avhich the killing of seals should be prohibited l)etween certain specified dates, was suggested as being an elfective mode of preserving the seal fisheries for the use of the civih'zcd world, and it is contended, on behalf of the Eritish Government, that further investiga- tion and examination of the facts fully justify the view that llcgulatious of this character, but establishing a zone of smaller area, would suffice fco far as pelagic sealing is concer id. 69 Even assuming a point which is open to eon- Bi(k'ral)lo douht, viz., that some of the seals still suckling their young travel to parts of Behring Sea at conbidcrable distances iroin the Pribyloft" Islands, by far tlie greater majority, if not the whole, of such female seals will be found within a zone of more moderate area. It is estiililislied that the seals, whatever may 1)0 the cause of their leaving the islands, do not habitually or regularly go in search ')[ food. Eood, ample for tiieir wants, is to be J'cuud in the vicinity of the islands, but all the best informa- tion points to the fact that they do not feed during the main period of thinr sojourn on land. In addition, the prohibition of the killing of seals during July and August, within the |)rotected zone, would insure that the vast majority, if not all, of the female seals actually su(;kling their young, Avould be free from capture by pelagic scaling during such time as the pups are depen- dent upon them. It is unnecessary to discuss in detail the rainoi Regulations which have been suggested as to the means of pelagic capture, and as to the due authentication of all licensed sealing-vessels. These arc matters on which lengthened argu- ment would be out of place here. It is, however, obvious that the adoption of such Regulations, and the enforcement of legis- lation- in order to render them eU'ective, does involve the curtailment of rights which, upon the hypothesis which forms the basis of this argument, now belong to other nationals, including British subjects. The object of any Regulations is the proper protection and preservation of the fur-seal in, or habitually resorting to Behring Sea. It would be imjust that other nations should be asked to enforce by legislation this curtailment of the rights of their nationals, without some corresponding concession on the part of the United States, as owners of the islands and the territorial waters thereof. That during a great portion of the year the seals are feeding upon fish which are valuable for the food of man upon the coasts of the territory of Great Britain, and other nations, cannot be denied. That during other portions of the year they are consuming fish thnt arc swimming in the high * i i t. m I' i i _ft TO I 11. ffi ill; E seas, iu which all uationa have an interest, is conceded. It would not be equitable tliat restrictions upon the rights of otlier nations sliould be demanded solely for (he purpose of enhancing the benefit to he derived liy tht! United States from their possession of the islands. Tlie least that can be suggested is that, concurrently with the estab- lishinent of such Regulations as are applicable to pelagic sealing, and in order to induce other nations, who are not parties to tliis Arbitration, to concur in, and give eifeet to, any llogulations, a reasonable limit to the slaughter of seals on the breeding-islands and proper provisions for its conduct should be made by the United States. The llegulations for the islands which the United States may be willing to make must, it is submitted, have an important effect upon the judgment of the Arbitrators as to what pelagic Regulations would be reasonable or necessary, and it is further submitted that it is within the competence of this Tribunal to make the latter Regulations dependent or conditional on the former. To apply restrictions to pelagic sealing, without effective and concurrent Regulations being enforced on the breeding haunts, would be as unreasonable and useless as the institution of restrictions over a coastal or estuary salmon fishery, while the salmon on tlie spawning-beds of tlie river were being taken without let or hindrance. It is contended on behalf of the United States that the management of the islands in tlie past had been properly controlled and conducted with due regard to the protection of seal life. Her Majesty's Government are unable to concur in that view. For reasons that have been stated at length in the Counter-Case, in reply to the con- tentions in the United States' Case, it is sub- mitted that the excessive killing of seals on the islands during a long series of years has con- tributed largely to, and has been in all probability the main cause of diminution iu numbiu-s. Be this as it may, in view of the experience of the past, the number of seals to be killed iu each year upon the Pribyloff Islands ougiit to be limited, and the methods pursued there con- trolled, in accordance with the actual condition of seal life, and subject to periodical review by independent Government Agents, m Article VIII, Treaty of Arbilntion, l.'nited States' Counter-Case, p. 129. Ibid., p. 130 71 Finally, it is submitted foi* the oonsidomtion of tlio Tribunal that the imperfect knowledge oven now possessed as to the habits and conditions of seal life in many essential particulars makes it important to consider how iiir i< is safe to lay down llegulations unlihiited in duration until wider experience of their operation has boou ncquircd. TART IV. DAMAGES AND COMPENSATION. 1. UrITISII GliAIM FOR DAMAQES. There remain for consideration the questions of fact wliicli are involved in the claims made by the owners of British vessels for injuries sustained by the seizure of their vessels, and by such vessels being prevented by the action of the United States' cruizers from engaging in pelagic sealing in Behring Sea. The British Govern- ment agree with the Government of the United States that, as far as damages are concerned, no question of amount is to be discussed before the Tribimal of Arbitration, and that only questions of fact involved in the claim are projier for consideration. It is admitted in the Counter-Case on behalf of the United States that the seizures and acts of interference complained of took place outside the ordinary territorial waters of the United States, that is to say, outside the 3-mile limit ; and, further, that the acts of seizure and interference were authorized and executed under and by the authority of the United States' Government, for the purpose of enforcing certain laws passed by the United States. Under these circumstances, assuming, as is necessary for the purpose of the question now under discussion, that the claim on behalf of the Government of the United States to interfere with the ships of other nations fishing in the non-territorial waters of Behring Sea is un- founded, the responsible Government of the United States have by force prevented the vessels in question, and their owners, mastfu's, and crew, from engaging in a lawful occupation and industry. m I IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 UilM 12^ ■u Uii |2.2 £f 144 "■■ 2.0 I r. / Photographic Sciences Corporation 23 WCS1 .f 'N STMET WEtSTM.N.Y. 1'SM (716)172-4303 73 Tlie contention pnt forward at p. 133 of the United States' Counter-Case is, that all the items of claim there referred to, that is, "Iioss of estimated Cutch," " Prohable Catch," " Balance of probable Catch," " Reasonable Eaminjifs for the months of October, November, and Decem- ber," and " Loss of Profits," are in the nature of prospective profits or speculative damages, and are so uncertain as to form no legal or equitable basis for findini^ facts upon which damages can bo predicated. This view of the law has been rejected by the 5 C. P. D. 280. English Courts. In Phillips v. the London and South- Western Railway Company. ;ihere an eminent medical practitioner who had been injured by the negligence of a Railway Company was awarded 10,000/. damages, the Court of Appeal held that the jury had been rightly directed to take into account the loss of his professional income of 5,000/. a-year. And in the "Argentine," the House of Lords held that m App. Cu 5I9. in awarding damages to a ship which had como in collision with another, the fact that the ship could not be repaired in time to fulfil a contract for another voyage, and had lost earnings in consequence, had been properly taken into ac- count. Lord IlerschoU said : — • "Tlic loss of tlio use of a vtwsel and of tlie cnriiingji which woulil ordinarily be tlerived from its use (lurin<{ the time it is und'sr repair, and therefore not available for trading purposes, is certainly danmgo which directly and naturally Hows from a collision." He then proceeded to explain, what it is not necessary here to consider, that the damages were not limited to the timo of actual non- repair, btit that account might be taken of the loss of a voyage previously contracted for, setting off against such loss what the ship could have cam(;d by other means, after completion of the repairs, during the time wliich such voyage would have occupied. After due regard has been paid to all con- siderations, such as the nature of the season, the size and eq>iipment of tlie vessels, and the amount of the catch in previous seasons, an estimate can be formed of the probable catch of each vessel during the season in which their operations were prevented or interfered with. The loss of catch is due directly to the action of the United States' Government, and the fact 78 } that the earnings or profits were prospeotive in no way affects the right of the claimants to recover. '• The refusal of the Geneva Arbitrators to award damages to the United States for the loss of " North America No. 2 (1873)," Tart II, p. 2oS " prospective earnings " must be understood with reference to the actual conditions of the case before them. The ships in respect of which the claim was made had been destroyed. Chief Justice Gockbum, who here was in agreement with the rest of the Tribunal, says in his reasons :— " According to the decisions of the Suprente Court of the United States, the only allowance which ought to be made in respect of prospective catch is in the nature of iutercit from the time of the destruction of the vessel." The distinction is between prospective earnings from a ship destroyed, and temporary interruption in the employment of an existing ship. M'ith regard to tlie allegations which are brought forward at pp. 130 to 133 of the United States' Counter-Case, that is to say, that certain citizens of the United States were interested, as mortgagees or otherwise, in some of tbo vessels in question, Ilor Majesty's Government do not admit either the truth of the allegations, or that they are proper for con- sideration. By 17 & 18 Vict., cap. 104, sec. 70, it is enacted as follows :— " A mortgagee shall not by reason of his mortgage be deemed to be the owner of a ship or any share therein, nor shall the mortgagee be deemed to have ceased to bo owner of such mortgaged ship or share, except in so far as may bo necessary for making such ship or share available as a security for the mortgage debt." The Tribunal will be asked to find that the several heads or items of damage claimed are correct, saving all questions of amount and liability. 2. Bbitisb Claim for Comfamsation. By Article V of the mod im vivmdi of 1892 it is ex- pressly agreed that, if the result of the arbitration shall be to affirm the right of British scalers to take seals in Behring Sea within the bounds claimed by the United States, under its purchase from Russia, then compensation shall be made by the [311] L I' I I ".r] n United States to Great Britain (for tho use of her subjects) for abstaining from tho exercise of tbat right during tho pendency of tho arbitmtion, upon the basis of such regulated and limited catch or catches as, in the opinion of the Arbi- trators, might have been taken without an undue diminution of the seal herds. Tiio Article further provides that tho amount awarded shall be just and equitable, and shall bo promptly paid. Great Britain is entitled, under this Article, to the award of a just and equitable sum by way of ccmpansation, to be ascertained by tho Arbi- trators on the above basin. 3. United States' Claim rou IXvmaoks. lu tho event of its being decided that British sealers have no right to take seals within tho waters of Behring Soa, it will bo contended by Her Majesty's Government that tho basis upon which the amount of the United States' claims is assessed in the Case of the United States is untenable. The whole of what is called in the United United Suut* States' Case " the claim ol' the CSavernment," as "*"'''' distinguished from " tho claim of tlio lessees," is founded on the prohibition of sealing on the islands imposed under the modus vlvendi of 1891. But no claim can be made in respect of tho consequences of fulfilling a contract voluntarily entered into, unless by reason of some contract provision, such as is contained in tlic morhis Vivendi of 1892, but not in that of 1891. Her ibM, AppenJit, Majesty's Government made it a condition of ^°^- '• P- ^^'^ renewing the modus vivendi in 1892, that '• tho Arbitrators should, in the event of a decision adverse to the United States, assess tho damages which the prohibition of scaling " should have caused. No such stipulation had been made by either Government in 1891. 4. United States' Claim for Compensation. By Article V of tho modus vivendi of 1892, if the result of the arbitration should be to deny the right of British sealers to take seals within the specified waters, then compensation shall bo made by Great Britain to the United States (for itself, its citizens, and lessees) for tiic Agreement Britiih Cair,' Appendii, vol. iii, No. 9, 1891, I'p. I, 8. Senttr, Slit Coug., 3nd Set!., El. Doe. No. 49, pp. n. 18.; Ibid., p. 18. Ibid., rp. 6 and 9. British Caie, Appendix, vol. Iii. ■' United States' No. a (1891)." pp. 17, 21, CO. Sir J. Piuncefote to Mr. RIaine, February 29, 1892. Marquis uf Salis* bury lo Sir J. Paiincefote, March 18, 1892. Britiah Case, Appendii, vol. iii; " United Stales* No. 3 (IH«)2)," pp. 153 and 1S9. Sir J. Pauncefote to Mr. Illaine, February 99, 1892. British Ccie, Appe idix, Tol. iii. " Uu'ted Slatet' No. S( 1893)." p. ICI. 7B to limit tko island catch to 7,600 a season, upon the basis of the difTLM-onco hctwceii this number and such lavgcv catch as in tho opinion of the Arbitrators mii^ht have been taken Avithout an undue diminution of " tlie seal herds." In fixiiiif llie "larger catch" mentioned in this Article, the foUowinaf facts require considera- tion : — The modus virendi of 1891 was originally assented to by Great Britain because it was asserted on the part of the United States that the diminution of seals had become so great as to require some such immediato and drastic provi- sion to prevent extermination. During the sealing season of 1890, on tho Pribyloff Islands, Mr. GolY, the Gorernmcnt Agent, stopped tho killing of seals when only 21,857 had been killed, alleging that this was absolutely necessary because of the paucity of seals of suitable age for killing. The agent of the North American Commercial Company there- upon lodged a protest against tho curtailment of the Compar.y's privilege of killing. In reporting on tlie sealing season of 1890, Mr. Golf, the Govcrmueut Agent on the islands, and Mr. Lavender, Assistant Agent, both advised the cessation of all killing for skins upon the islands for several years. !Mr. Elliott, in his letter to Secretary Windoui, summarizing and trans* mitting a detailed ileport made in pursuance of a Special Act of Congress, makes a recommen- dation to the same cITect, placing the period of abstention from killing at seven years at least. The result of the investigation of seal life made by tho British Commissioners in 1891 was, however, such ns to convince llcr Majesty's Government that the very stringent measures of tho modus thendi of 1891 need not, in the interests of tho sealing industries, be repeated in 1892. Consequently, when a new modus vivendi was pressed for by the United States, it was pro- posed by Her Majesty's Government that a zone of protection, not exceeding 30 miles, should be extended about the Pribyloff Islands, while tho killing upon these islands should be restricted to a maaimum number of 30,000. The United States, however, promptly and decisively pronounced this proposal for a modus vivendi in 1892, to be, from their point of view, "so obviously inadc(]uato, and so impossible of [31 Ij L 2 i . I^P m 'i ■ ^i 1 \ 1 > 'i iij. i - t ■ i ' ■ wi ): , j, 1 i ., . - . T8 execution, that this GoTornmcnt cannot enter- tain it." The Britisli Government eventually consented Acting Stentaty to the establishment of a new modus vivendi, vnuocrhie " ' generally similar to that of 1891, but with tlie Mirchs, 1892. condition as to compensation above mentioned. It is submitted that, in flxino: the dimensions of tho catch which might have been made upon the Pribyloff Islands, for the purposes of com- pensation, the United States cannot now rely, United Stttei* as tliey seek to do, on the data which they explicitly contradicted in the spring of 1892. ( 77 ) APPJ'ADIX TO AlUiUMENT. Xo. 1. Criticism of Part Second of the Counter-' Case of the United States, which is entitled, "Reply of the United States to that portion of the Case of Great Britain contained in the Report of the British Commissioners." IT is observed with regTet, that throughout the second portion of the Counter-Case of the United States, reflections on the impartiality, competence, and even on the honesty of the British Commis- sioners are repeatedly made. It is, for instance, many times asserted that the British Commis' sioners endeavour to support various preconceived opinions or " positions " by evidence selected for the purpose. But a reference to the Commis- sioners' Report will show that no such course was adopted, and tliat various points upon which tlio availahli! ovidcnco was foimd to be incon- clusive have been so cliaracterized by them. It is only necessary to draw attention to the fact, that at a date as late as November 1890, the Canadian Government, relying on evidence contained in oflBcial Reports of the United States' Government, denied any decrease in the seals met with upon the Fribyloff Islands ; while one of the main conclusions of the Commissioners proved to be in direct opposition to tin's contention, and was to the effect that a nearly continuous decrease had occurred during the entire period of the control of these islands by the United States. There is surely nothing remarkable in the circumstance that some of the conclusions arrived at by the British Comuiissionprs should agree with previously advanced coiifontions of flic British and Canadian Govonimcnls. Tt might, on the other hand, bn characterized as remarkable, that for the purposes of the prcpont submission to if! ^ 'I w arbitration the United States' Oovornmcnt have discarded their own prcviouH oflicial lleports, and have .substituted n number of stntementa nnd aflidavits procured after tho conchision of the Trcoty, upon whicli to base their contention ; tlie evidence contained in latter being often at variance with tlio previous and conttraporaneous Reports thus discarded. Though a special Act sutCong., of Congress was passed to authorize an invest!- |j" |, "jjjj^ gation of the sealing industry on the I'ribylolT Islands in 1890, nnd such investigation was carried out, it is at least Morthy of note that tho Report detailing the result of this investiga- tion has not been employed in connection with the Case or Counter-Case of the United States ; that this Report has not been published by that Government; and that the United States have oven refused to furnish this Report to tho Agent for Great Britain, who had formally applied for it. It is thus apparent, not only that the United States (as elsewhere shown) have gradually changed their position in regard to rights in Behring Sea, but that they have now almost entirely ignored the previous Reports and asser- tions of their own official Representatives in respect to the facts bearing upon seal life and its conditions. Without attaching undue importance to the attack made m the Counter-Case of the United States upon the integrity of the l^ritish Commis- sioners, it is proposed to show, in this Apiwndix, that, without important exception, the conclusions arrived at by the British Commissioners, during their investigations in 1891, stand unaffected by the arguments directed against them in the Counter-Case of the United States; that these arguments, both in fact and form, are unfounded and erroneous ; and that, generally, the conclu- sions of the Commissioners have been substan- tiated by further inquiries and investigations conducted in 1892. The subjoined notes take tho form of brief critical statements directed to the various asser- tions made in the part of the Counter-Case of the United States to which it relates, and follow the arrangement and order in which these assertions are presented in it. 79 " FiBST." "MaTTEIM in nELATION TO WHICn THE REPORT ANn TUE Case of the Uniteu States MATERIALLY CONFLICT, AND CONCEBXIHO WHICH PnOPOSITIDNH OK VaCTS AKE ALLEGED IN TUE Report asmiicii have not been COXSIDEUED IN TUE CaSE OF TUE UNITED BlATES." "Habits of the F(7b>8eai.s." I fV mari/inal rtfertnttt to paga, wdtu .thtneixe iptciaily dtngaated, are ikroughoiit to the pages of the United Halts Counttr-C(ue. i'ages 48, 49. Pages 40, 50. Pages 60, 51. "1. Distribution of Heals in Beh''ng Sea and the sufjgesteJ Interminfjlimj of tui Pribi/loff and Commander Seal Herds." This chapter commences by quoting and alluding to certain pasHnges from the British Com- missioners' Ueport, which con\cy only one side of the discussion of facts of which they form a part. The tjeneral conclusions reached by the British Commissioners ns the result of the whole discus- sion are not quoted. The Maps ri^lating to tlie distribution of seals (^particularly Nos. 3 and 4), presented by the British Commissioiiei's, are then noticed by the United States, and it i•^ conteiulcd that they are incorrect and not justified by the evidence adduced in su]tport of them, particularly in the matter of the gcneml distribution of seals in Behring Sea during the summer months. It is stated by the United States that the Maps must have been based chiefly upon the logs of the various men-of-war, that the informa. tiou contained in these logs is insufficient to bear out the indications of the Maps, and that, as other evidence relied upon by the IJritish Com- missioners is not particularly specified or iletailed, it "should have no influence on t'le Tribunal." It is then assumed that the only data were those derived from the logs of cruizers, and those of the British cruizers are reproduced in the form of Charts appended to the United States' Counter-Case, together with the tracks of United States' cruizers in 1892. In reply to these contentions, it may be stated that the distribution of seals in Behring Sea in 1891, as shown on the British Commissioners' Haps, in so far as it relates to the part of Behring Sea surrounding the Pribyloff Islands, depended cliiefly upon the logs of the several ■: » ^H 80 oruizcn, but an iospoction of tbo tracks, ns printed Pagcs 60 SI. by the United States, will sliow tlint tlic eruizcra in most cases confined titcir operntions to the legions surrounding tlio I'ribylolY Islands. For otber parts of the sea, other sources of Information bad to be employed. Tbo British Jommissioncrs refer to those other sources (in- eluding their own voyages) in a general way. The dctaiU and tlio names of informants were not specifically given, merely in order to curtail the length of their Report. The procedure followed in this case resembled that adopted in most other cases by both the British and See;>oi/, p. 106. United States' Commissioners. Information obtained in 18!)2, and set forth iJriiiih Cimnicr- in detail in the British Cuuntor-Casc, however, *'"»<'. PP' 19-HO; ' and Appendix, not only fully confirms the statements made by »ol. ii, pp. 23-27 tbo British Commissioners as to the intermint'linff of fur-seals in Behriiig Sea, and as to their distribution in tliat sea ; but are also sueb as to supply to tbo United States the precise data wbicb they appear to require. "2. The alleged promiicuous nurxing of Pups by Female Seak." U\ On this subject, the United States deny that Pago 53. certain evidence, tending to sbow tlunt female seals nurse other pups than their own, is " sufiicient to establish the facts alleged." But tbo Britisb Commissioners in their Report make no definite allegation in tins connection. The actual evidence on both sides is given by the Commissioners, and is discussed by them. It is next stated, that though Messrs. Elliott and Bryant are " the two most prominent autborities relied on " in tbe British Commis- sioners' Report, tbe opinions of these observers are not accepted on the question bere under discussion. Brj'ant and Elliott are often quoted as autborities, because their observations are those wbicb enter most fully into subjects connected with seal life, and have been fully publisbcd in United States' official Reports. Where actual Briii«h Commi*. observations are stated, doubt is seldom, if ever, pMaVsai^aas. cast on them ; but when deductions are drawn from observations, it is quite fair to criticize these, even where the obserrer may be perfectly ?1 Puge M. improjudifod. Tlio data niiotod liy Hryant niul Klliolt on tlio (|U(!Htion of tho siicklini; of pups, leave Ihcir coiieliisioii evidently in tlu; position Of a not-jiroveii dediietion or theory. Tlic further eoniplaint i?- thu United States' Counter-Cnse, that tlie Mritisi. Cmmissioners quote Klliott as to the want of afTeetion of femalo seals for tlicir yonn!», while they do not quote remarks contained in n publieation hy Sir F. McCoy, is pointless. 1'he British Commissioners (|Uotc Elliott, because his observations af,'ree with thos(5 made by themselves on tho I'ribyloff Islands. They state as much. Page 55. In the liritish Commissioners' lleport, Mr. C. II. .Tackson, Government Assent in charpo of tho Seal and (Juano Islands of Cape Colony, is ([Uoted as making a definite assertion, to the ctfcct that in that rej^ion — " tliu cow [seiil] will siic'klu iiiiy of tliu yimiifj seals, wlit'tlHT her own or not." Mr. Jackson is consequently designated in the United States' Counter-Case as a " question- able authority," and it is added that — " an cxnniination of the IJejiort of tliis ^ciitU'innu fails to riivonl iiiHm what knowleilfje lie Imses sueh a .slateincnt ; and there is no proof that he luus ever seen the seal islands of Cape Colony, or even In^en informed hy exjierienced inilividnals respecting the habits of the fur-seals found there." Rritlili Coiiimis- »ii)iiors' Rppon. ApiH'iKli'e, p. loo. Pages 5G, 57. nritish Comniis' f loners' Rppoit. par.T. 32-1. It is then insisted that his evidence is un- worthy of consideration. Jlr. Jackson, however, actually says in his Report : — " I have availed myself of information kindly furnislied liy the best practical experts in the Colony." An attempt is here made in the United States' Counter-Case, to show that the British Commis- sioners attributed a statement on the same subject to Sir F. McCoy, which was not made by him. A reference to the Report will show that tho British Commissioners merely allude to tho statement and cite a work by Sir F. McCoy, in which it is contained. It is not implied that the statement was made by Sir F. McCoy per- sonally, but the fact that he included it in his work may probably be assumed as showing that he believed in its inherent credibility. [311] M 82 It is nlNo nRscrtod, in concluding tins Rubjoct, I'n^t* 50. that tlic poHition tnkon l)y the United StntcH, i.e., that a rcrnalo scnl will suckle no pup but bop own, is .stipportod by "nmj)lc evidoncc." This eTidenc'(> is reforrcd to in ii foot-note. Mr. {Jri'lniitsky is nnioiiff 7, ■)S. last, it will be found tbat tbe Rei)ort of tbe Ib-itisb Commissioners makes no definite "assertion," tbouf»b it is represented .is so doing in tbe Counter-Case of tlie United States; wberc it is also stated tbat tbo Keport " practically adopts the opinion of Snegiloff, tbe native foreman on tbc Russian Islands," tliougb this is likewise not apparent in tbo Keport itself. In tbe Report it will, in fact, be found tbat all the evidence; available, together with the personal observations of the Commissi(mcrs, has been collected and discussed impai lially. The general <'onclusion arrived at by tbc British Commissioners is to the effect tbat tbc female seals remain some time on land after giving birth ; that when they begin to return to the sea they do not at once resume their feeding habits, but r(>sort to the waters close to tbe shores, and that probably about the middle of Septen\l)er, tlioy may again begin to spend a considerable portion of their time at sea in search of food. It is brcnusc these conclusions, and tbe evidence su])porting them, are found to ho ad- verso to a new position since tjikcn in tbc Case of the United States, that it appears to be con- sidered necessary to commit the British Com- missioners to some "assertion" which may effectivelv be attacked. I'ag«-K 67, r.8. Pu>t. Y lOfi. I'riii>^i C'oiiiiiii*- ► ionfrs' Rcpcit, Appenilii, I' 107. I'ngos 5s. m. 89 The ovidcncc olttiiinod fnun tlic natives of tlio l'ril)yloli" and Coiniiiandor Islands is rcjcM'tml l»y tlio I'nitod Htafes Itccmise tho nnincs of the Conunissioncrs' informants an* not drtailcd, a ])oint dealt with elsewhere. [nl'orniation regarding the feeding linhits of seals obtained from Her Majesty's Minister at Tokio i> -ejeeted, and stati>d to he " l)ased on no aotnal k.iowledge," though ho s|)eeially states that t lie notes iirejjared hy him were " hascnl oil an expcricneed authority." The published statcmontH of Capt. Bryant as to the period during whieli tho females remain on shore after giving birth are next attacked, ond it is endeavoiu'ed to show that diserepaneica occur in his Peport; u' i' ■ tlie fact that tho same author (a Government o'lu al) does not reixiat tho stptement of the actuiil piriod during whicli the females remain ashore after giving birth, in a later commun!" ,vion addressed to Professor Allen, is said to show that — " Cnptftin Hryant liutl jmUuly iliaainUil (lie ii])iiiiuii iisod by the ConniiissiomTS to maintain their ponitioii." And, as evidence of this, references are ^^'iveu to two statements made to ri-ofessf)r Allen, in neither of which does Captain Bryant say any- thing at variance with what is quoted by tho British Commissioners. He docs, indeed, state that— ':i " Monosraph of " tlie feinaleH, after giving birtli to their younj.', tcuipomrily North AiDcriciD - ■ ^ .i > » Pinniped,." p. 386. '^^''" "S"'" *° ''"> ^"''^'■ But not for tho purpose of feeding, for in the same paragraph he says that, after impregnation — " she lies either sleeping near lier yoini^', or spends her time ilonting or playing in tlie wnter neiir the slioiv, returning occusionally to suckle her pu]>." In the statement next referred to, only a part of what Captain Bryant wrote is quoted. He begins the sentence, thus partially given, by saying— IbiJ., p. 362. " As you have had the result of my firat season's obser- vations there [see Uul'.. -''us. C'onip. Zool., vol. ii, 1870, pp. 89-108], I need not lie so ditl'use in my di'scription.s as would be otherwise neeessaiy, and you will under- stand," &c. And it is from the Ileport ihus referred to that the Commissioners quote. [3111 ^^ 2 I \, 94, \i It \»ill be rememberoil that certain recent Pages 58, 69. alBclavits made by Captain IJrjant in 1892 are Unitcl Sutes" prouiinentls- advanced as evidence by the United *^''',*''' •^I'l'''"''"'' * • •' viil. 11, p. 3. Stiites. Uiiitui) Sl;itc»' Having, in the iuanner above outlined, treat.nl Ap"nI>K7)%lj the evidence, observations, and general conclusions of the Hritish Commissioners on this sabjoct, tiie United States' Couuter-Casc concludes the discus- sion by the I'ollowing unwarranted statement : — " One iiiitivo of the ('oiiimauiler Islmuls is, therefore, tlie sole iiuthorily for the sfiitement of the P.ritisli Com- missioners." The method of treatment thus adopted on the part of the United States, for the purpose of combating a reasoned discussion on natural facts, is resorted to in many other instances in their Counter-Case. But it is impossible to treat all these in any detail licre. The attention of the Arbitrators is thcref(n'e resjicctfuUy called to a comparison of paras. 303-IU6 of the British Commissioners' Report, with their criticism as contained on pp. 67-00 of the Counter-Case of the United States. In conclusion, the United States refer to evidence obtained in 18!)2 by ilr. C. II. Po>!, p 125. Townseud, which is elsewhere discussed, and to observations of ilr. Stanley-Brown. It may here be mentioned, however, that i[r. Towusend's observations as to the condition of the rookeries in regard to the number of females ashore at a certain date in 1892, does not show that the observations of the British Commissioners at the same date in 1891 were erroneous. Neither is Mr. Stanley-Brown's statement, that the females stay on land fourteen to seventeen days after the birth of the young, in conflict with any statement made by the British Commissioners; but the assumption must not be made that when the females begin to seek the water this is equivalent to their going to sea in search of food. Utiii«h Commis- tionert' Heptrt, parai. 306, 308, a03, 313. 4. Aquatic Coition." Evidence quoted by the British Commissioners Pages 60, Gl. from published Reports of the United States, on the authority of Captain Bryant and Dr. W. H. Dall, on the subject of aquatic coition, are next combated by drawing attention to depositions made in 1892, in which these witnesses deny or 85 Pages GO, 01. cndoivour to Diiiiimize tlio forco of their provioua statcMuciits. Captiiiu Hrviuit is as di'liuiti! in liis foriU'T Rfj)or(s ivspeetiiiij tiio oct'iUTcnce of coition at sea and its IVoquoiK^y as it is possible See Briiisli ('11111- for laiiifuai^o to 1)0. He repeats theso statements mistioDera' Itcport, • .1 i n i 1 .• ,. -lo/ir* j. pp. 52, sa. •" thre(> separate Ueports, dating Ironi loOS) to 188i», to whieb ret'erenecs are ijiveu in detail in the Report of the Uritisli (\)mniissioncrs. IIo says, for instance : — " Monojf rnpli of North Am"ii,Mn Piniiipods," pp. 4Ua, tUU. " l«y tiikiii;; a caiioi' ami ^ninj; a littlo off shor.; con- sidi'iaMo iuuiiIh'Is may lie seen iiairin^, and readily aiiiunaelu'il so near as t 165, 1C6. in their Case adduced evidence, and asserted on the authority of that evidence, that the decrease of seals became perceptible as early as 1881; while the British Comniissioncrs have con- clusively shown that the decrease was almost continuous from the earlier years of the United \hh\. I3riii»h Commis «;oners' Report, iiaras, 67, 38. W' 88 States' contml or the islands, and Ind bocoiuo Pnjjo 00. such as to Ito seriously felt, at least as early as 1879. It is here stated by tlie United States that in Page 07. 1889— "for tlie first time tlie weiplit of skins fell liclow the averago for former yenrs." If, by tliis statement, it is meant merely to affirm that the wciglit (this being equivalent to the size) of skins was lower than the general average weight of the preceding nineteen yeirs, it is correct ; but if it is intended to mean that this was the first year in which the weight of skins was lower than in preceding years con- sidered separately, it is untrue. Evideneo quoted in the British Commissioners' Report shows con- British Commi--- clusively that the decreasini' weight of skins was »'»"«"' Kep?rt, * para. 6!>C. fully acknowledged on the islands at least as early as 188;?, and evidence since obtained, and Hriti»h Counter- given in the British Counter-Case, shows that ^""' P' '•^*' ' »■"• smaller and smaller skins were almost each year ^^ge. taken since 1873. It is here stated, that notwithstanding the reduced number of seals taken in 1890 and in 1891 (under the modus vlvendi ol that year) — " the Iierd coiitiiiueil to become more and more dejiletcd, and iix 1892 a decrease appears over 1891, tliougli the consensus of opinion of those on the isUinds is, tliat in the last year the male seals Iwne increased to a limited extent." These remarks .>re doubtless intended to apply See Brliinh to seals seen upon the Pribyloff Islands only, ^^'°p"'„";,^"^^^ ■,;_ and do not take into account observations on pp- ?9-32. abundance of seals made at sea. But even limiting the view to the islands, the conclusions ' '™'- 85-87. above stated arc directly opposed to those resulting from the directions upon the islands of the British Commissioners in 1891 and to those of the British Agent in 1892. The British Commissioners say : — British Commii- nloncrs' Roporl, " All the evidence collected indicates, that they [tlic I'"™- SI- rookeries] were, in 1891, in nt least as good condition as they were in the preceding year;" ilritish Commis- ^innei'tf' Report, while as to 1892 the British Agent says : — Biitish Counter- Case, Appendix, " The rookery- and haiilinrj-grouuds themselves exhibited vol. i, p. 1.5|. imniistakable evidence that the numljer of seals was greater in 1892 than in 1891," andjadds that during the whole time he was on IblA, p, i jj. the islands he never beard any one say that Tngi' ((7. United SlatRs' ('niiiitcr-Cnie, A))|)endix, p, 365, Iliid., p A'.IJ. Page 68. nritish Commis- 80 (lit'ri- wcro IVwcv scjils in lb'.i2 lliaii in 1891. E\ idt'iico as lo increase in the number of seals is given at length in his Ileport. Mr. J. Stanloy- Brown, on whoso testimony alone the statement is made that " in 1892 a doereasc appears over 1801," simply states that there; was a " perceptible falling olV'of the females, but offers no proof. Mr. Townsend, who visited the I'ribyloff Islands in 1885 and 1891, and made " frequent obstrva- tions as to the condition of the rookeries," again visited the Pribyloff Islands in 1892 for the purpose of studying seal life. He makes no statement in his Reiiort as to the comparative number of seals on the rookeries in 1891 and 1892. Though, as above stated, maintaining that all reference to the management of the Pribyloff Islands subsequent to the introduction of pelagic scaling arc irrelevant, the United States' Counter- Case here airirms that the Ileport of the British Commissioners " fails to establish a single instance where the management of the islands or the methods employed tlicreon have been changed nince ^SSO from the ' appropriate and even perfect ' system adopted in 1870," &c. While the British Commissioners, in their Ileport, do not treat the years here referred to as a separate period, they show that the methods employed on the islands, from the iirst, and including these years, were injurious, and caused. sioners' Kcport, . ,, . i t • j.- • ii i paras. 57, 662-669, "^ "10 mam, a general dimmution in the number 684, idt,»i seg. of seals resorting to the islands. They show, in jiarticular, that in these ycai-s the standard weight of skins was deliberately reduced in order to permit younger and yet younger seals to be killed, and that the injurious effects of driving became yearly intensified. Tlie words quoted from the British Commis- sioners' Ileport in the above extract from the United States' Counter-Case, moreover, cntii'cly misrepi-esent the meaning of the Commissioners as separated from their context. In the Commis- sioners' Report the sentence from which they are taken reads as follows : — Ibid., pari) (152. "In nlii)it, t'roni iv tmnscendental ponit of view, the nietliods proposed wore appropriate and even perfect, but in practical execution, mid as judged by the result of a series of years, they proved to be faulty and injurious." Reverting to the reiterated contention of the United States, that all references to the condition n 90 'A- I or (lie rrihyloPF Islands nflor (lie inlroduction of pelngif, s(>!ilin}j: nrc iiT(>lovni\t; — this ia in no way ndinittrd. Tlio Coinmissionois wore to inquire into all of killing and methods on the islands during the last ten or twelve years. Aloreover, tLo methods adopted on the islands should have been s\ieh as to provide for causes of decrease generally, when these should occur. If there had heen no pelagic sealing, had seasons or other natiu-al causes might eq>ially liave brought about a decrease similar to that which is alleged by the United States to have resulted from pelagic sealing. The facts show that in this (>v(>nl provisions would liavo been eiiually wanting to meet such a ease. Thorefoi-e, th(> juelhods of control and management upon the islands were clearly imperfect and unfitted to meet contingencies. The statement made on this page of the United States' Counter-Case, that the killing of 100,000 young males annually could only have been in- jurious by leaving an insufTiciency of males to fertilize the females, is iucorrect ; neither is the excessive killing alone referred to by the British Commissioners for proof of bad management on the islanils. The attempt mad(> to narrow down the issue to this one point in one of its aspects is thus again entirely misleading. Special attention is then paid, and at some length, to endeavour to weaken the force of a statement, made by Captain Bryant in an official Eeport, as to excessive killing on the islands in 187"), which is quoted by the British Conimis- siouci-s. As is stated in the United States' Counter-Case on this page that : — " Till' riMsons for his [Hrvnnt'!<] Iloport o( 187") an> ili'arlv shinvii by lui oxaniiimtion i>f liis tcstinmny before ii Coiiiinitti'o 111' tlu> Housi' nf Iicpivsi'iitiitivos in 1S70." Pago (18. Page 09. See Hriiish Com- niissioncrK' lipport, pnr«». 3il5 tt sea., C7-1-693, 808- S3U. In reply to the question — ■ Vo\ir o]iiiii(m, tlii'M. is tluii tiu' uiimK'r nf 100,0(10 on the two islaiuls. anthoiiieil by law, can bo ivguhirly taken witliuut ilimiuishing the cioip ur number of seals eoniinj; to the island ?" — H. It, 44th Cong.. 1»t Sc9<., Itrport No. 623, p. ag. Mr. Bryant replied : — ■ 1 don't feel quite sure i.f that, us will Ix* seen in tiiy Dl Pngo 00. II. K., 44th Cook., 1st S<>»., Kx. Doc. No. sa, pi), 176. 177. Page 71. (ItttJiilcd |{i'|iiiil III till' Si'd'ctiiry ><( tlic Tici^iny, iiuliicli.-d ill till' cviilt'iirc wliii'li liii.i lii'cii liiiIiiiiii'il lit liii'^i' ill lliiit lti>)i(irl." Tlio other ri'iison (hen follows, anil is that quoU*il ill tlu! UnitiMi StatcN* (Joimlci'-Ca.so. Thut lliis nlliir rcaHon was iionsiilcri'd hy (.'aitlaiii IJryant. lo havi' bocn of slifj;iil iniporlaiu-c, i.s very cn idi-iit when his |{i'|)()r( is vi'IoitimI to. AfU'v writing of ilic fivi|iion(\v with which the Iiaiiliii!i^-fjfroim(l.s aro drivon from, ho says : — "Thu.i. it will 111' si'cn tin' uulliml n/' I. ill in;/ iloi'S iml ilillllil iif till' sclliliu' il)iMll 111' M M)ii'ri;il liillillnT iliid liikiii;,' till' I'lMiniiinli'i' I'ni' (III' (|ii\ the islands, and eoncliides his re- marks oil this subject in these words : — " Oiii ii/lnr (Vii/.v mIkuiIiI lif Hhili'd lliiil Iiiim directly contrilMiti'd til liiiiiiiiisliiiiL; llu' |i|-i'.si'iil .sinck nl' lni'i'diiij^ milk's. Duriiif,' tin' wasmi nf KS(i8, In'luU' tlu' riiiictmciit III' the iiiiiliiliilmy kiw . llii' .scvi'liil piillir.-i .scidiiij; tliui-o tiiiik 'JtO.l'llO Hi'iils ninnllily [' mnstlyj nl' tin- |iiiidiids of the years ISfiO iiiid ISCiT. These wniild liiive miiliirod niiii lieeii lidded tn tile |ireHeiit stuck nf lireediiit; iiiideH in tlie ypnrs 1H72 and 1873, mid lo iImh " juirl of the jirimjiectivu di'Hcioiuy is to lie atlrilmled." These are Captain Hryaiit's " rtsasoiis for his Report of 1875," and nothini;' Inrther is neces- sary to show that, while there may have been other causes that eontrihnted to the scarcity of breeding males, he evidently consixlored the one quoted by the Uritish Commissioners to be that to which the diminution in this cla.ss of seals was to be principally attributed. A discussion is beg Ji on this page of the United States' Counter-Case of statements in the British Commissioners' Report rcspectiug de- crease between 1870 and 1880. It is, however, agahi insisted that the number killed on the islands is irrelevant, unless it can be shown that thi^ caused decrease. It is from this very aspect [311] N 2 f!: 09 that tlic niiittor is (•(Hi.sidn'cil in tlic niKlsli I'li^. 71. (.^onimlNsioiiurM' Itcport. C())n])laint is iiindc of the fillt'|j;r{| " unliiinio.ss " J»,i!,'(> 72. of tlio conipiiriNOM of (lie anniinl iuiiiiIkm' of sivitis taken diiriiii; lli(> llnssiiiii period with tlio lOO.OOO quotii of llie United States. Tiiis " iinfairniss" npiM'ars to he (hat referrtid to in liio siihjoiiied (piotation from this part of the United Stites' Coiintor-t^aso, in whieh it is said : — "The ili'siic is (11 sn;,';j;ost till" iiiluiviico llmt, llii' killiii;,' (if ril>,(l(l() Wiis t'Xi'cssivi'." The Commissioners were, however, in the Hiiii»ii Comniis. l)arai,'raphs of their Heport, licro specially r(^- '^"Z^v-'^u'' ferred to, eoneerned in f^ivini; a historical resume of the ciixnunstances connected with killinj^, and ihe numher kiih'd. Further information on the same suhjeet will ho found in the Jh'itish Com- missioners' IJeport, paras. (i'tO-'OI}. In para. GG4 they state :— " Fnnu tilt' i'X)viioiu"i' tluis ii'i'ordi'd, ii, iipprars to W. voiy t'loiirly shown tliiit in tlu' iivciiii,'!" uf vcmis tin' killing of 40,000 to 50,000 sciils on St, I'aul was nioiv than lluH— till' l>liiui)i.il siMil-licarini; islanil— could stand, 'aIiIIc that, prai'tisi'd liming the lator viMi's of tlu; UiUMa'i uonii-ol scaici'ly l\'ll slioit of till" li,L;uio at. which all continucil uciuasL' in ninnln'r of seals would ccaso." 1 rom this conclusion, hascd on all the facts, they , un-l these years as accurately as possible, and the ''^"'' '^^-^^9- authorities for the figures given are quoted by them. There i-emain, unfortuntitcly, among these 08 Tag.' 72. I'ago 73. ywiis, ^H^\•^, ^m\, iscn, and IHC.C, I'mi- wliidi tho (inures !m; soniow li,i( uiiccrlaiii. On this \)n<^o, ol' tli(! United States' Coiintor- (Jase, extrac'tN and iliseonnooted fraj^niontH from llussiiin correspondence relating to tlio islands Uniteil Stall h* Coiirilci-Ciifo, Ai>|Joiiilii(,|i). lyy- are relerred to, apparently lor the pnrpost* ol l!)i>. indieating that a high rate of killijig was nuiinlain(!(l under the JluHsiaiL ri'sgime from IH(\0 to IHOd. An oxaniination of these communion- lions (im[)crfeet as they are) shows, however, that they merely include re(|ucsls or instructions from tho IJoard of IManageineiit, or tho Chief Manager for the killing of certain numbers of seals for skins. There is nothing to show that these ])rojects for killing were (iarricsd out. In fiiet, it! on(5 case, in 1H(5(), the Chief Manager, though instructed to get oO.OOO to (5(»,0()() skins, expresses his donht of being able to do so, owing to certain unfavourable conditions in 18.59. Of the years mentioned in this corresjtondoncp, for Avhich tlm number killed on the islands has been ascertained, the following comparison may bo made : — Yi'iir. N.uulu-r UHked to ' j^,„„, . j„^^„ l)e tiikcii , .■ 1 ,. ■ • 1 (U'licr). 1 1 • 1 / IHiiO 18GI 50,000 or (i(),000 47,940 I'crmiUod nt Hrst, 80,000 ; reduced by order to 48,000 21,S90 29,609 ;i4,29t f For tho remaining years to IHtiii, the numbers requested or ordered V) be killed was as foUoM s : — 18(14 18G5 (by Hoard) . „ (by .Manager) 1803 80,000 70,000 53,000 48,000 50,000 Hritisli C'ominip- sioupts' lleport, 1>. I;12. Elliott, C'fiims Itepurt, foot-note op. 76, 77. I'lio approximate numbers actually killed, and shown in the second column, as ascertained from the best available data, are, Jiowever, in these years much lower. It is not to be supposed that in thus failing to carry out the instructions as to killing, the persons on the islands were unable to ojjtain enough seals. •*'>!■ ii ! (tl. Tlio (lilll(Mill,v arose cliiolly, if not entirely, iVoin i'a^o 7<^- Ihi' lime eiiiiNiiiiu!il ami the iiiiioiiiil of lalxiiir iiiviilved ill eiirini; a lar^e piiiiiortioii of the skiiiH hy drying', as was tlieii eiisloinary. The special eiroiinistances eoiiiiuetuU with the Idiiitli Comiuif oxccssivo MUiulter taken in IW57 (75,000) arc "Ir""'*)'"???!* cxjiliiiiiod ill thu lUtiiurt ol' the Jiritish Conmiis- Bioiiers. 'I'liu ilritisli Coiunii^Hiunei's urti on tiiis pa^^e of L'amu 7r and inuuh smaller numbers of lomales to a bull than the average. In correctini;; the "omission" ol'tho Commissioners, the United States (juote only that part of the additional matter Mhioh refers to the exce|ttional eases of very laiyr numbers of females. J\roreovcr, the statement that .Mr. I'llliott's estimate was not entirely satisfaetory to himself, a]ipears from the first part of the ([notation jjiven l)y the Ibitish Commissioners, as to t)u; dillleulty he found in making an estimate. The entire passa!j;e is hero cited, the italicized parts being those quoted by the British Commissioners. The words in brackets aro those which are omitted from the quotation as given in the United States' Countcr-Case : — "I /iWiiil it (711 r.rnrdiny/;/ fli[Iieiilt mattrr to mtixfy Klliolt, UiiitciJ myself as to i( fair wii'ml iivenc/r niimbi'r of rows to riifh S'atcs Census ... ■ 1 ' 1 V ' .1 , r , ■ , ■ Kri'ort, p. 3C. bull on the rooKcrji ; btil ajfrr jnvlniclta sliuli/, J think it will he imirli/ conni ir/irn J assit/n to nii-h male a general ratio iif from fifteen to tirentij females at the stntloiui luoreat tlie water; and for those bae/c in order from that liih- to the rear, from Jire to twelve; [but there are so niiiny exceptional cases,] sn many instances where forty-live ami fifty females are all under the charge of one lualo ; [and then, again, wliere there are two or three I'enuiles oulj', that this (juestioii was, and is, not entirely satisfactory in its settlement to my mind]." It is next alleged, that the Report of the British Commissioners — " fails to give any testimouy to show liow many females constituted a harem in 1891," &c. U.' PllRO 71. Drititli CiiiKniifi- •ioiiori' llr|>(irt, |inrA. AS. iiriliuli Coiinlcr- Cniip, A|i|)Piiilii, vol. i, p. MO. Tago 75. II will Ik' ioiiiiil, lioucviT, Hint llin Ciuiiinis- NJniKM'N i;iv(* a statoiiKMit nl' IImn kind in tlio v(>ry pnrnj?ni|)h lollowiii;^ (Imt to wliirli rclVrcncc is licro iniido hy tlici United Stnt<'.s. Kiirtlior ovid(mc« of tho samn kind, for IHUi, is contnincd in Mr. Mm'oun'H H('|tort. Ft, is Iktc stntod, in thu I'nilcd Htntos' Coiintor- Casc, in connoction willi tlio all<>Ki-d "mirpliiH of virile nmli'N," tliiit a pliotop;rapli, by Mr. Htanloy- Jtrown (which is rc^producod in the Appendix to the Countor-Casu), shows a — " nuiiiber of vigorous IiiiIIh located on lliu l)reediiig-f(i'oiiiida )innblo to (ilitiiiu consorts." An inspection of tho photograph referred to will show how insudlcicnt the evidence it nfTords is. It shows a few bulls hauled out at tho hack of tho hnscding-ground, but with them ni-c some smaller seals, which may or may not ho ftMualcs. Mr. Macoun, in fact, states that at North-oast I'oint (a part of which is shown by Mr. Stanley- Brown's photograph) there were, in his opinion, more old bulls than on all tho other rookeries combined, but that cvou there tho number was not great, and many of those characterized by Mr. Stanley-Brown as " old bulls " — British Counlcr- Cnse, Appendix, vol. i, |i|i. HO, 141, "sliDweil tho 'Rrey wi},',' which proved them to be not yet fully f^rciwn, wliilo others were, without doubt, worn-out old bulls, no lonf?cr lit for service. That the innjority of tlicni wen' in this condition is jiroved '>'■ the fact that thougli nttenipts iit .service by 'grey «ij,'s' were not infrciiucnl, I never saw one of these old bulls pny tho slightest attention to tiny females that might puss near them." ■\. m United States' Counter-Case, Aiipendix, pp. 264, aes. Professor Evermann's count of part of ono of the smallest rookeries is further referred to to show an abundance of bulls, in proportion to the number of females. But the reference hero made to Professor Evermann's cvidcnee is misleading. This gentle- man coimtcd tho seals on two parts of Lukannon rookery. Uis first count of a small area (de- ducting two bulls without pups near them) gives an average of over nineteen females to each bull. (This is arrived at by taking each pup as representing a female.) : 4 UJ A !)li A sL'i'oiuI >.i>im( of a Inrn'i'i* airn of llii- siiii.' J'ajjo 75 rookcvy sliowH an avcrngo ol' forty I'tMimlos to encli bull (deduced ns nbovo). llo mnintuins that many of tho ;'ii|)s licnv did not liolon^ to the bulls, but why he »*houl(l have chosen part of the rookery with an excess of jiiips ia not exjilained. lie further adds that many cows and pups were not counted, because they "did not seem to helonj? to any particular family/' 'I hu8, the statement made in the United iStates' Counter-Casc, that Evermann's count slowed nn av(n'aye of fifteen females to each hull, is incorrect, and Evermann's sliiti'iiients are them- selves inaccurate by reason of his omission to count the whole of tlu) females and pups tictually seen by him. On a later pai,'e, Professor Evermanu says that UnUei statM* cows were more abundant in i)roi)ortion to bulls Countor-Cme, » » Appe„.l,«. ,.. 268 OH Retavie rookery than on liUkannon. A count made by the same gentleman at Little ibid., p. 273. East rookevy, St. George Island, again gives an average of about forty cows to each bull. The British Commissioners having quoted in their lleport certain statements made by Mr. H. ^y. Elliott, which throw important light on the elVect of the excessive killing of male seals upon the Prihyloif Islands, a reference to these statements is made in the following terms on this page of the United States' Counter-Case : — " Tlu> Commissioners iilso rely nn a newspaper extract, wliiili purports to be n summnry of a l{oport nmdo by Mr. Henry W. Elliott in 18'JO to the Secretary of the Treasury, to establish certain alloyed I'act.^." The cii'cumstauccs respecting Mr. Elliott's specially-authorized investigations on the Priby- lotr Islands in 1800, the fact that his Report of these investigations has not been made public by the United States' Government, and the further fact that it has actually been refused to furnish it to the Agent for Great Britain, have already been alluded to. It would appear that whoa Mr. Elliott found that the United States' Govern- ment did not intend to publish his Report, ho communicated to the press, over his signature, a summary of his conclusions, being that contained in his letter submitting the Report as a whole to Secretary of the Treasury Windom. Tho 07 I'agc 7B. Ilri inli CuiP, .\ii|M'ii of salted seal-skins sold in London. Such sales do not correspond with the actual numln-r of seals taken on the islands in the same year, as skins have often been ludd over from one y(>ar to the next in liondon; and a part of the skins taken in the autumn have almost invariably been held over till the next vcar in the I'ribvlolF Islands themselves. The third reference ;^ivcu in support of tlu> denial of this particular statement of the Com- missioners, is to a Table on p. I^? of tb(> United States' Counter-Case. It must be explained that the statistics of killinijfs on the Pribylotl' Islands to which the Cotnmissioneivs were able to refer, were tliose whicli had been published by the United States. Therefore, when, as in this instance, the United States now produce* new and more detailed lii^ures, alleged to hav(> been on tile in the Treasury Department, no proof of unfairness or inaccuracy can justly be urged as Spimio, 51st Con?., agaiiisr the Commissioners. Thus, in the Tables ^'"1 S.-ss., Kx. Doc of killings heretofore accessible, it was impos- sible to apportion the number of "pups" killed for food in ea(di particular year, for only the grand total for a number of years was given. But accepting the new Table here printed ami referred to by the United States, the killing in isy.") is even there shown to have been more than l.tMX) less than in 187'1'. A reference to the diagram given in the Commissioners' Keport Dia„fa„, y will show ivrajjliically the character of the change referred to by them as occurring in IST't. On this i)ageofthe Counter-Case, the United Page 77. States deny that any lowering of the standard weight of skins taken on the islands occurred till 188(1, contrary to statements made in the llritisb Connnissioners' Bcport (para. 091, &c.), but in so doing the United States ignore the absolute evi- British Com.riis- denee to this elVect by one of their own principal pia^'eg"'''""' 90 J f I As lo this Table, m'C Appendix II, pott. Pago 77. witnesses (II. II. McTutyre), which carrlt-s the lowering of weight hack to 18S3. It is, how- ever, admitted that a lowering of standard weights occurred in 188G, It is stated in the Case of the United States that a decrease hecamo pereeptihlo on the islands in jSSi-So. The lowering of standards is referred to l)y the Com- missioners merely as an index of the decrease on the isluTls, and the dale of such lowering now fixed hy the Lnitod States does not agree with that of admitted decrease as stated in the United States' Case. Reference is next made hy the United States to a new Tahle hy Jlr. lleilhronner, alleged to show the Aveights and jiriecs of skins from the Prihyloir Islands from 1871 to 1S89 (hotli inclu- sive). The i)rices given in this Tahlo have no bearing on the present question, as these depend on many other circumstances besides the weight, quality, or size of skins olTered for sale. From the Table printed, the "twelve addi- tional columns showing percentages " have been " omitted for the sake of brevity." Owing lo this fact, the Table alfords only a basis of com- putation, not ai\y distinct evidence as to the conditions from year to year. Further, as already stated, the weights of skins taken are referred lo by Ihc British Com- missioners only as a rougli index of the sizes and ages of Ihe seals killed. No information as to the manner in which these have been determined in tlie Table now presented by tlio United States, nor as to ■whether they are those of skins as taken on the islands, or those of sjilted skins as sold. It would, however, appear from the classification by sizes adoj)ted in the Table, that tlie latter are meant, as no such classification by sizes is made on the islands. The weights of skins spoken of by the British Commissioners are, on the contrai-y, those taken or estimated on the PribylolT Islands. Messrs. Lampsou state that the weights of salted skins arc greater than those of skins in the raw state; so that if the weights given in Mr. lleil- bronncr's Table are those of salted skins, they do not compare in any satisfactory way with the weights referred to by the British Commissioners. Fortunately, however, we are relieved from the ambiguities incident to the statement above made, by the facts disclosed in the detailed Table and Ii»id., p 255. analysis of skins sold, contained in the Appendix 18 afforded weights Rrilisli Counter- C&*f, Appendix, vol. ii, p. 'S6\, 100 to the British Counter-Case. Every skin there Page 77. included has been measured with accuracy, and the Table includes practically every seal killed for market on the Pribyloff Islands from 1873 to 1892 (both inclusive). Tbo subsidiary ques- tion of weight, and the doubt as to place of weighing and character of skin when weighed, may, thorofovo, bo dismissed. The almost con- tinuous decrease in sizes is the main point in See British Counter- question. Ca.o,p.257. Still further, in the statement mado on the United States' part of tlio United States, the average weight of ,,''77'*^'^" ^'"'' Bkins is taken. Tliis is little clue to the nature of the killing generally, for whereas in the earlier years a sufficient number of skins of medium weight (which are those of greatest value) may have been available, in later years the averaye may (lacking these) have been made up oi extra large and extra smU'' skins. The denial of the United States as to the reduction in standard weights of skins is there- fore shown to rest on unsound and incorrect evidences. More than this, it is wholly disproved by the disclosures of the detailed Tables last referred to. ]\Ir. Webster's evidence, with other evidence, is quoted by the British Commissioners (para. C77) in suj)port of the statements of natives de- tailed in a preceding paragraph, respecting the decreasing number of seals taken at North-east Point. An attempt is made on the part of tho United States to traverse Webster's evidence alone. But on referring to tho paragraph of the Commissioners' Boport here cited, it Avill bo found that the statement mado in the Counter- Case of the United States is erroneous. Both Mr. Webster and Mr. Powler are quoted as authorities for the figures given by tho British Commissioners. Purthor, on referring to tho Table specially compiled to rebut this evidence, and printed v.i the Appendix to the United States' Counter-Case, it aWU be found that both these gentlemen are fully justified in tho statements made by them to the Cr iiimissioners. It is to be presumed that both s^joke froni memory, and not by the book, and precision to units is therefore not to be looked for. Webster said that in 1871 and 1876, 35,000 to 30,000 skins were taken each year at North-east Point. The Table shows in these two years respectively 34,526 and 35,113 skins. Fowler said that 29,000 and 18,000 skins Averc Page 77. Page 78. 5Ut Conp.. 2rul Scs3., Senate Ex. Doc. No. 49. Pages 78, 79. 101 taken at North-cast Point in 1879 and several succeeding years. The Tabic sliows : 1879, 29,171; 1880, 25,862; 1881, 17.952; 1882, 23,303 skins. The Commissioners further give tho skins taken in 1889 and 180O as 15,076* and 5,007 respectively, classing those as official figures. A printer's error has placed two asterisks (*) in the text of this page of the Commis- sioners' Ecport, and has omitted the reference at the foot of the page to which one of them should apply. A brief examination would have shewn that the figures referred to were those in Mr. Golfs official Report on the rrihyloff Islands for 189v). The figures given by the Commissioners arc identical with those of the lleport in question. On examining the figures it will, however, be found that an error in ad« dition has been made in the Coni'ressio lal docu- mcnt referred to ; the total mmiher of skins derived from North-cast I'oint in 1890 should read 0,592, instead of 5,007. This diffeienco lias, however, no bearing on the subject under discussion. In respect to the question of the driving of seals in 1879 from the vicinity of rookeries pre- viously reserved and exempted from driving. — Statements made on this subject (and Avitli special reference to Zapadnie and I'olavina rookeries) by the Commissioners are denied by the United States. In making these statements (though confirmation was obtained from other sources), reliance was evidently placed upon tho official llcports of Mr. II. W. Elliott. In liis licport bearing date 1880, Mr. Elliott, speaking of Zapadnie rookery and the hauling-grounds in its vicinity, says : — Mi Op. Cit., p. 55. " The ' liulhiscliickii?,' lliiit r-jKUt lieie on the parndo plateau, and, iiuleed, over all nf tho western extent tif the English ISiiy liuuling-groundM, /i(irf never hicn v'siln/ hi/ the luUices for the pur]Xifc of sckdimj killing driccs since 1S72, in(UJ 104 scaling. This admission confirms the statement of the British Commissioners, to the cITect that the " quota " to be taken on tlio PribylofC Islands had become practically fixed, and that no regard to seal life was had in endeavouring to fill the "quota." If any rights exist to seal on the high seas, it is absurd to charge the pelagic scalers with the results of the over-driving practised to secure a " quota " on the islands. Even if no such right exists, it shows an entire absence of proper care, to have permitted damaging practices on the islands in the endeavour to secure a "quota," before the question of rights and protection had in any way been settled. Pago 79. " Pelagic Sealing.' Page 80. It appears to be assumed by the United States, in dealing with pelagic sealing, that the state- ment that killing at sea is "indiscriminate" — i.e., that it includes both sexes — is suflicicnt in itself to coudemii such sealing. The supposi- tion that largi' numbers of males alone might be killed without any prejudicial effect on seal life, and which arose during Ihc Russian regime, United Sltos' appears to have still a very firm hold ; while ^'"''' P* '^'* the principles of " natural selection " which have come to be recognized during the past twenty or thirty years, with other scientific facts alluded to in the Report of the British Commissioners and in the Counter-Case of Her Britannic Majesty, appear to be disregarded in the Counter-Case of the United States. Further, the commonly recog- nized fact tliat.oveu in the case of domeslic animals, as well as in that of wild animals artificially preserved, large numbers of females are usually and necessarily killed, is ijjrnorcd. Care is further taken, in tliis first paragraph, to endeavour to prejudice the Court by charac- terizing tlie evidence quoted by the British Commissioners as " interested." It will be observed, however, that tlu; British Commissioners have fully recognized and allowed for any motives of self-interest which may liave afl'ectcd the evidence obtained, and that in their endeavour to British Commis- present the facts, they have not assumed as in- ''"'"^'■*._„''P°"' dubitably correct all the statemeutn made to them. paras. 627, 634. f vmwiam 105 Pngo 80. T*^^ '■•: uoxt stated in tlie United States' Counter- Case that the "three propositions," forming the "apology" of the Uritisli Commissioners for pelagic sealing, will he treated "in the order of their importance as recognized in the lleport." No apology is oil'ered or required for killing animals at large upon the ocean, in the ahsonco of International Agreements prohibiting such killing. As to the order followed in the United States' Counter-Case, it appears to bo based on that referred to in paragraph 77 of the British Conunissioners' Report, whore, however, two pro- positions, not three, are formulated, and these two are there stated to ho tlio principal allegations of tlioso opposed to pelagic sealing, not to repre- sent the order of importance in fact. The actual order and wording of the headings found in the raRi- 97 et acq. British Commissioners' lleport under the chapter on pelagic sealing is as follows : — («.) Origin and Development, (i.) Methods. (r.) Proportion of Seals lost, (rf.) Composition of Catch. (f .) Future of the Industry. ■if M Page 81. The first subject selected for attempted rebuttal is thus expressed in the Counter-Case of the United States : — " 1. That the percentar? of female seals in the pelagic catch is not large." In the opening paragraph below this heading, is found one of numerous instances of insinua- tions as to motive on the part of the British Commissioners for which there is, in fact, no justification. Part of tlie evidence printed by the British Commissioners is characterized as — " sc)-calletl ' eviJoiice,' alleged to have been obtained from Indian luuitci's, .... and in which there is a careful avoidance of names of informants." But on the next page, the statement by the same Commissioners respecting the possible existence of self-interest in some of the witnesses examined by them, is endeavoured to be employed i t 1 !; 100 OS a moans oi niiiiiinizing tlio importance of that Pago 81. part of tho cvidonco. It is Hearoo (iliscrcil fiuther, tliiit in dlitiiiuiii}; oviiloiici! from iH'isiiiis tif t'xiu-iioiii'i' or kiiowlciluc of tho siilijcct, woatldpltMl, ill };iMU'raI,tlii> iuroriiial |iiiin of IVi'iMiitorviow.s mill imli'iMMuli'iit t'lmvcrsiitioii. In this wny wo iicijiiiioil very ilistiiu'l iiiid tru.stwurliiy kiiowloilyo of their opinions oiul o.\i>urii'iu'i's." In so doin!», they followed tho same plan with that adopted by their colleui^ues from tho United States, who similarly write: — "Althonijli tlio tosliniony ,i;iithiM'i'iI l>y ns on this ami Uiiilcd Slatei' otluT iioints was not uivon nmlor oatli, its valno, in our <-'«!'<'. IT- '^^' "'^'• jnil;;nioiit, is luit in the loast lossoiioil l>y tliat fact In sliorl, tho invcstii^ation wa.s comliu'toil procisoly as it wimlil have hci'ii Inul tho iinosiion hooii one of scioiitilic mtlior than iliplomalii' imiioitanoo." fc i« The only dilTerenco which must ho noted l)etween tho procedure of tho Uritish and United States' Commissioners, is that indicated in the last-quoted remark, i.e., that the I'uited States' Commissioners api)oar to have regarded tho ques- tions examined by them rather as of diplomatic than as of scientific importance, though adopting a scientific method of investigation. There can be no doidit that in both cases, if further particulars respecting the i>vidcnce collected should bo required, these can bo supplied by reference to the notes of interviews, &c., held by tho i-espcctivo Commissioners at tho time; and it is submitted that statements mado in good faith, and respecting matters of fact or evidence, should be accepted as true to tho best of the knowledge and belief of tho Commissioners specially appointed to investigate the subject, whether those of Great Britain or those of tho United States. It is perhaps unnecessary again to draw attention to tho manner in which a few words, 107 ^ rni,'(! ft] . Hriliiili CaiiiniiK- ikiiiiifm' Itcimrt, para. C."4. s('i)n nit I'll I'lom llicir confcxt /iiid iiic()r|i(iral«'(l in a lUMV scntciuM', iniiy lu- iiindt) fo ('(divcy n I'aUo impression; hut iiiiotlicr iiistniicc of this occurH ill llic |iiu'(iciilar pajjc! of the I'liitcd States' CouiitrrCasc licro (it-alt with. Tin* Jkitish Coinmis' lonorH write : — " Anil wliilr it it mil niiiiiilnixi-il lliiil (lie cvidi'lico nf such ])ni(tiiiil sntlc'iH is cnlircly \iiitiiiitiirnl liy iiuUiviiH of lu'iHiiriiil iiitcn'st, il iiiumI lie cviiliiil lliiil llit'Hr iiu'U know more oil iliu stilijrct tliiiii any otliris.'' United Rlnlei* (-mintcr-Caiii', 1' **l. This fitatemoiit is employed in the following manner in the Countcr-Caso of tlio United States :— "'I'lip scroiid cliisM (if Icstinumy prcNciilfil to nu^lnin the pnsiliini iif Ihr Hipoii is iililiiiiii'd fioin KWorii slatfineiils of C'liiunliim .si'iilcr.-:, wiiicli tlic (Jominissionois niiiiiit nio not 'cnlirclv iiiiliiiitiiRMl liy iiiutivcH of ]iurnonnl iiiU'rest.'" V ! nritisli Commis- ninners' Itcjiort, |iani. C,1't. Si'o niso pnro. 048, On the next page wo find the evidence cited by tlu! British Commissioners furllicr charac- teri/ed as (idmitledhj untrustworthy. deferring to the projiortion of females taken in tlie pelagic catch, and evidence on tliis point pre- Kentcd by the British Commissioners, objection is made on the part of tlie United States tb;it this evid(!nce varies greatly in dillcrcnt cases. The British Commissioners, however, particularly noto this very point, writing : — " It is only niitiiral, niul is entirely in iicRord with wlmt nii;^lit III! ("xpoctcd, tlmt tlio ])roportioiis of scnis hy sexes iiiul n;,'('.s should lie I'ouiiJ to dillcf very eonsideniliiy ill diirereiil instances, even in a siii;;l(i yeiir. in coni'oi- niity with the dates or jilaees in wliieli the j;reater juo- IKirtion of any imrtieulnr ealcli was secured, and the kind of Kcnls in each case fallen in with.' '' Pages 81, 82. And add : — "The very fact that these statements, tlioiij;li ta];eii nt diflerent times, and while varying' eonsideralily tVoni the lioint of view of numerical proiiorlions, tally very well in the main, one with another, is an inherent proof of their credibility." The ensuing argument, directed against this evidence, and in M'liich it is endeavoured to con- trast it with the statement that the methods and practices on the Pribyloff Islands have resulted in the existence of a large surplus of females, is based [311] Q I! I! 108 on various nssuniptions, and is difllcult to follow, Pages 81, 82. as thi>s»? nssinuptions uro not sot oiil. Tiio most important of them, how( characterized as not suhstantiated hy facts advanced hy tho Commissioners. The facts relied upon are, it is true, not recapitulated in this par- ticular part of the Report, hut in Chapter IV (p. 11 1 et seij.) ample details on tliis suhjoct will be found. But this is still more clearly shown hy a com- parison of th(! possihlc numher of skins of l)earing females contained in the whole North-west catch for twenty years, as iuchKh'd in the British Counter-Case. This /)0.<,si7>/f pmportion is much iiriiisli Coimier- lower than that civen iu the statements of sealers ^''"'' P--9^' »'"' post, p. 110. quoted hy the JJritish Commissioners, which statements refer to tlic past few years only. In addition, in tho Counter-Caso i)resentcd by lUd,.!). 251 et snq. the British Government, notice; is taken of the irreat number of barren females now found at sea, a fact directly bearing out the evidence of other kinds already obtained on this subject. As to the nature of the "prooi"' otl'ered in the Pao'cs 82, 8S. Case of tho I'nited States respecting the number of female .skins contained in the pelagic catch, I'liiish Cinintcr- romarks have already been made; in the British *■"" ''• ''^^ ••'*"/• Counter-Case such as to show that this is entirely inconclusive and untrustworthy. To corroborate the assertions made iu the Case of the United States, Captain Hooper, M. ?.f!ilonavonski, Mr. Grcbnitsky, and Messrs. C, AV^ Martin and Sons ari> now furtlicr adduced. The United States' revcnno-enttpv " Corwin," m loe Tftgcs 82. 83. United Sintos' L'oimlor-CaH', A|i|K'ndix, {). 217, Page 83. Ciipliiiii ll(i(i[)('i-, wiisoci'iipii'il lor t\MMily-M\ ti;iy8 ill lumtiiif; scnls duriiiu; llif Miniimor ul" 1802. Tlic whole iMiiiihcr ol' soals killod, liowovor, appciirH (() li.iv(» ln'fii forty-f»n(>, a rosult so Bmall SIS to I'videnet; either inexpcrionccd or incoiupctouf liiintorH. Of tliis luimbor, twenty- nine are staUid to liavo been i'cinales, a propor- tion wliieh do(s not dider very iarj^ely from tliat given l)y severtil ol' tlie pela^'ii; sealers, 1)ut wbioh upon so small a total number means little as compared Avitb the rxpericnco embodied in their statements. Tt will I'lirlluT be observed, on turning to the Tablo ])repare(l by Captain Jlooper, that nearly hair (nineteen) ol' the seals taken were obtained within 20 miles of the TrihylolV Islands, and that no data are yiven as to the time ououpied in the I'aptnre of seals at diflfercnt distances from the islands, such as to show what the respective proportions of males and females might have been in the ease of commercial sealing. Neither is any statement made to the ell'cet tliat seals were taken impartially, as met with. M. jSlalonavonski is next quoted as atfirmiiig that over t)0 per cent, of 2,700 skins taken from vessels seized in the vicinity of the Commander Islands W(>i'e those of females. ITis evidence on this subject will, however, be fcnnd to be of the most iiulctiiiite character. Mr. Grcbnitsky is next (piotcd as anirniiiig that !)() i)er rent, of the seals taken at sea arc females ! This gei.tleman has had long expericnee as yuperintendent of tlie Commander Islands, and any statement made by him must be re- ceived with respect, but we may be pardoned for doubting sneh a statement as that here attributed to him, particulaily as it is unsupported by any di'iails of fact, and is entirely in opposition to other evidence. ^[essrs. C. W. Martin and Sons are next ro- ' i'erred to respecting the s(>x of a lot of ^ 1,02S ste liritish (.'oii'nior- skius supposed by them to have been taken a( miTh.^I'^sV^'iukI ^<'^' ''"^ received from Petropaulovski. It is stated that these were part of the 2,700 skins seized by lUissian cruizers on the Asiatic side of the Pacific, and upon which Messrs. Malonavonski au.l Grcbnitsky based their statements. Messi's. Martin and Sons, however, give the percentage of females at 83"70 ; of males, I'GG ; and doubtful, ld.-68, though M. Malonavonski had aT'irmed that [311] Q 2 Ibid., p. 37-I. IteniKClinR wliosi! coiHit'rtion with ll te.ilinR industry, United btiili'!,' Case, p. 2G7. Hiitlsli Countof- Cnso, p. 308. j i ;• , no nil oxpcrt fomul no di/firulhi in scparjitiiif^ tlu! I'li^o HU, mnlo mid foiimlo Hkiiis in tlx! nri^^iiuil lot ol' 2,700, Lastly, rertuiu depositions of a Mr. Hcldnw arc rcfiHTcd to ill tliis ('oiincctioii, in which \w pro- foHsos toscpamto male and female skins conlaii cd in cortjvin relatively small catches hrouh'ht to!? vn Fnineisco in 1802. It will suhseciuontly bo shown that the state- »,.,. Appnuli* II, ments and dcpoHitiuus of this witnoHS are wholly f"''- xintrnstworthy. lleviewin;^ (ho evidence broiiafht forward on Page 84. the part of the United States in their Counter- Case on the suhjoet of the proportion of females in the pela|j;ie oateh, we may, at the least, sot the slateuients of the few witnesses cittnl, afjjainst those of a like number of witnesses rejtnisenting a similar number of seals amon;^ the numerous witnesses cited by Great Eritain. The wludo number of seals spoken of by Cai)tiiin Hooper is too small to enable any just deduction to bo arrived at ; while the other witnesses njferred to by tile United States are, without exception, in- terested in the industry of sealinj; upon the breeding-islands, and, therefore, it may reasonably be supposed, likewise interested in decrying all ficaliug at sea. It has already been stilted (p. 101) that the killinij of females per se is not admitted to bo rcpreheusible, while the conii)lcto analysis of tho sliins resulting from the pelagic cateli during the past twenty years, shows conclusively that not over ;J8 per cent, of these could by any possibility have been bearing females.* It has further been stated that one of the most important obj'-ets of any regulations which may be proposed is that of eliminating the last-mentioned elemcut liom British Commis- tlie pelagic catch. sioncrs' H.iiort, TT , , • . , , para- 80. Under the circumstances mentioned, it can bo of little utility to pursue in detail any controversy respecting tho composition of various individual small lots of skins such as there cited on tho part of tlic United States, even if the sexes in- * At p. 2U0 of tlie British Counter-Caie this figuro is given at SO per cent., but the calculation there given is based upon the assumption of only lo per cent, of the calcli boing males, and this percentage occurring uniformly ihroujihout tho whole bulk. Asa matter of fact, there are 20 per ceut of the ciitch which are too large to be the skins of females. Tiie figure above given is based on a recalculation admitting tliis correction. Ill A'it^oSl. cIikUmI in (liciii liiid Iummi rorrctlv (li'lcrmiiictl, ni\(l (lio sul)jo(?t may i'if;litly l)o ilismissoil lioro. Till' Hocond i)n)positii)ii iDrnmliilod for doniul In (III! riiitcd .States is in tlicii* ('oimtorCuso Iirvsciilcd aH follows: — ~ Urili'di Coinniit- "iniicri" Hi'porl, 1P.1I1H. 13H, 64H. lirilitli Coniiiiiif ► ioiu'ro' Hrport, piirim. (H.')-G47. KiiliMli Coniili r- C'lisc, Appi'iHlix, vol. ii, p|i. 14-20. Pago 85. IJritiali Counter- Case, pp.)198, 251- 257, 145. "2. TIkiI jK'laijic scaliiKj In IMuiwj Sva in not .so ili:\liurlii:r to neal l\fe its pchujic seulimj in Hut Nortli i'ucijic." riir HtalcMn-iil IiciT nttrilmtcd by tl\(! Unit(?d iStalo.s' to tliii iJrilisii CDiiiiniuissioiicrs was not, Ikiwcvoi", niado l»y llicni. 'I'licy liav(> stated that till' s|iiin^ ratcli was more dcstmctivo than any other in |ir(i|)oi-tioii to tho nuinhor of Hkins obtained ; but tho spring; catch is not tho equiva- lent of (ho Miitiro catch made to the south of Kehriiig Mca, which ciubruccs much oL' the sum- mer, and lasts till about the end oC .Tunc. Tho statcincnt actually math' by the British Commis- sioners, as employed as a basis of ari;ument in tho United States' Case, is therefore not only inverted, but substantially ehan!,'ed. The circumstance that practically no gravid leniales arc taken by pelagic scalers in JJChring Soa is characterized as an " assumption " of the British Commissioners, though it rests on nmplu evidence. The (|uestion as to the killing of females in milk in liehring Sea, and the ell'ect of this upon ])ups on shore, next alluded to in the United States' Counter-Case, will be discussed; in con- nection witli the more detailed treatment of this subject found in following pages of the Counter- Case of the United States, T'hc argument advanced in this page of tho United States' Counter-Case against tho general proposition at the head of this Chapter, depends]on a series of assumptions,|toJ(liseuss which is unneces- sary, because they havo elsewhere been treated at length. The fallacy that the killing of females is in itself reprehensible appears to underlie tho statements, but it is in addition apparently assumed that all females met with at sea are fertile, i.e., that there are no virgin or barren females ; that in stating the period of gestation of the fur- seal as nearly twelve months, full twelve mouths is mount; that, for iustauco, eleveu mouths would i^Ji '^ 112 not be '■ nearly twelve months," that all females i'aye 85. are covered on land, and that a female just fertilized may lie described as a " i^ravid f(Mnalt\" the injury to seal life being equally tj;reat in tlie killini; of eacli class. J.t is next asserted that tlie ''designed implica- tion " of certain statements made by the British Commissioners is to shov; that " very few nursing females are taken by pelagic sealers," and is based on " ])ure assumption," a reference being given to para. 019 of their Eeport. But in the immediately preceding paragraphs of the Keport. proof lias been adduced to this elTeet, and further British Counter- prooi is brought forward and discussed in t he ^■'"''' '''' " Counter-Case of (ireat Britain and its Appendices li.i.i., Aiuuu.iix. to the same elVeet, ami to the eiVeet that such ^"l' "■ I'i'- ■-"^. ■•'• few females in milk as may be killed in Behring Sea arc often " running dry." It is also shoNvn that their presence at sea may be accounted for l)y various causes of disturbance upon the breeding-islands, in most, if not in all cases. The evidence ol' Captain Hooper, referred to in this connection by the United States (on Uniu-a Smtcs' the strength of the'forty-one seals killed by liim), Amumlix, p%l7. in showing that a considerable propoi-tion of seals in milk killed were 200 n\'les from the Pribyloil" Islands, goes far to prove that at least this pro- portion of such seals could no longer have had any interest in or regidar connection with those liiitisli Commis- islands, and tends to substantiate the remarks si"'H'-'' iJopoit, made by the British Commissioners, and those in Uriti^h Counier- the Counter-Case of Great Britain, on this Gim. pr. Jis, 2iy. subject. On this and following pages of the United States' Counter-Cas(> (to p. 93), an extended notice is giv(>n to the investigations of the British Commissioners on the subject of the mortality of young seals in 1891. Care is, how- ever, first taken to describe these examinations as "cursoi'y." The Commissioners are represented as endeavouring to "suj)port a position," audit is added : — " ft is oviilcnt, t'lom t'..^- cf^ol•t^ iiimk' iiiul tlic tlii'Oni!.s .idvaiit'od to expluiii tliis ir.dvtiility Unit tlio L'oiiiinifisioiiei's sonsideied tiio pruKi'iicu vf those bodies iirimd facie evidence of the fact they eiideavoiu' to disprove." Page 86. li Introductory remarks of the above character scarcely lead to the belief that any impartial discussion of the facts noted .ii >1 commented on by the British Commissioners is intended. K^BfniTnti'nnf Page 86. I'niied Stnten' Case. Appendix, vol ii, p. 19. Ibid., p. 101. 113 This is fully boriii' out 1>\ wlnt follows, stated : — It. is "These nIHeials [the Commis^ioir.Ms] have, througli soiui! .<;tniii,i,'i' eiivuiiistiuice, lieeii led iiilc the lielief tliiil tliey Were the Ih-^l tu cihserve tliis liinrliility aiiiiiii'; tlie pups oil the rciuki'iies, iVuiii whii'h heiirf tiiey ilniw thf inforeuee that ' tlie ileiilli ut' mi many yoiiiij,' ml;'1s im the isliiiiils in ISDI was whully I'xeepiimial ami nnpii'- Ci'ilcuteil.' " The oxi)lauatioii jjjivcii in para. 310 of tlie British Coinmissionors' Report is sufficient to show that, in so far as they eould ascertain by inquiry upon the islands in 1 8!)1, they were the first to observe and comment on the mortality in question IJut if furtlier evidence be required, it will be found that Mr. .f. Stanley-Brown says : — •' Ky I he time the llritisii Cominis.sioiieis aniveil |L'^^lh 'luly] the rlead )iiips witc in >iin'itii'iit almiiclaiiee to altrait their atteiitinii, and they are, I lielieve, uiiih'r the impression that they first disonvereil them. " In a foregoing part of the same paragraph, however, Mr. Stanley-Brown had said : — "In till- Intlrr par/ of Julji 1891 my attention was called to a source of waste, the etliciency [.<(V] of which was most startliiifjly illustrated." But Mr. Milton Barnes, special caiploy6of the United States' Treasury on St. I'aul Island, is (except in regard to date) even more deiinito on this point. In a deposition furnished by nim, and included in the Ap])endix to the United States' Case, ho says : — "One day, ditrin,!,' the latter jiait of Aujjust or fore part of September la-it (exael dale forjiotteiO, Colonel Josejih Murray, oih' of the Treasury Agents, anil myself, in eomjiany with tlie llritish Commissioners, ,sir (Joor^je Haden-l'owell and l)r. l)a\vsoii, liy hoat visited oiii) of the seal rookeries of that island, known as Tolstoi or Knglish Hay. On arriving there our attention was at once attracted by the excessive nu'alierof dead seal pups, whoso carcns.ses lay scattered profusely over the breeding-grouml or sand lieaeh liorderiiii; toe rookery )M'o]H'r, and extending into the border ' //u tiiut c* to thf prohahU. cnuse of it." Mr: Barnes then states that some days after- wards he went -/ith Mr. Fowler to Polaviuu 114 roolfory, wliero Ito fotuid similni' conditions w.tli respect to moi-tality of young to prevail. Ho adds : — V;\HO 80. " This condition of the rookeries iii 'hia voKrtrd was for United Stntes' some time a common topic of convcrsntion in tlic villac;o ^'"'•;> Ap])eii(lix, by • 11 parties, including the more intelligent ones among • '!• the natives," &c. The evidence referred to on this pa£»e of the Piige 87. United States' Counter-Case to endeavour to show the occurrence of an annually increasing number of dead pups since 1885, has already been treated in the Counter-Case of Great Britain, p. 208 et seq., and has been there shown to be wholly inconclusive in that respect, and to rest on erroneous statements. Tiio extracts above given are alone sufficient to show that the mortality in 1891 was unpreco- dcntod, as stated by the British Commissioners ; and that it had not existed, as affirmed by the United States, for " several years." The statement as to the existence of the opinion on the islands that pups had died in former vcars because of the killing females nt sea, is endeavoured to be supported by the retrospective affidavits already dealt with in that part of the British Counter-Case above referred to. Much stress is here laid on the discovery of Pages 88, 89. two passages in previous Reports, in which H. H. Mclntyre and .T. II. Moulton have made general statements to the elTect that killing females at sea resulted in death of pups on the islands. No facts or instances ar" cited in support of these statements, to which no importance was attached at the time, and to which attention has only now been drawn. They are now brought prominently forward for the purpose of main- taining that the cause of the mortality of pups in 1891 alleged by the United States had long been recognized. It is there said : — "Thi.s explanation [deatli of motliers] of the cause of Pa<»e 89. death of pup seals is not recognized by the Report except to contradict it." As a matter of fact, the explanation referred Britisli Commis- to is discussed in some detail, and is found to be pTrT'^.i,'-, j.*^*""^ ' untenable by reason of the date of the mortality, and on other rational and fully explained grounds. Respecting the causes of death of young sug- gested as probable by the British Cominissioners : {a.) This is described in the United States' Page 89. United States' Case, p. 216. Pago 90. Kritish Commis- sionera' Report, parai. 331-333. Dritiah Countec- Case, p. 113. Pages 90, 91. 115 Counter-Case as " driving and killing of mothers." But while the Uritish Commissioners state that it is quite possible that females were driven from thou' youiip:, and — ■ " tlioiii,'!! tm-iiucl iiway from tlio killiiir^-groiuuls , . . , iii'vci' iit'tcnvaiils foiinil their way back to their original l)i'eeiliiij,'-iilaces. lait citlii'r went oil' tii sea or landed else- where," they do not allege that the females so di'iven were kilied. JEessrs. J. Stanley -Brown and ■\y. II. Williams are referred to as stating that no drives Avere mad(i (in 1891) nearer to ono of tlie rookeries (Tolstoi) on and ahout which doaven to show that the collection of the drives was limited to this distance from the rookery, nor is it stated that eithei of these gentlemen ever sjiw one of the drives of 1891 collected. Although the drives taken from the vicinity of Tolstoi are recorded as drives from " Middle Hill," it must he remembered tliat the slopes of Middle Hill and Tolstoi are continuous, and the dx-ivers doubtless go where the seals they Avero instructed to procure could be obtained. (b.) Epidemic Disease. — Tiiis, it is stated, is treated of in the United States* Case. It is, however, in the piece cited, merely stated that no sickness had been previously observed among the seals on the Pribyloff Islands, and that no dead adults were found. The British Commissioners themselves make a statement identical with the iirst (para. 32). As to the second, it does not necessarily follow that ar epidemic fatal to young animals should be equally fatal in the case of adults. (c.) Crushing of I'ups in Stampedes. — The asser- tio.i loadc by the United States that no evidence is given by the Iritish Commissioners under this head is incorrect. The Commissioners quote statements from Bryant (Allen's Monograph) and Baron Nordcuskjiild as to the facility with which stampedes may bo caused, and their results. If further evidence as to the general timidity of the animals is required, this will be found in the British Counter-Case. (d.) Raids. — The possibility of the occurrence of raids ia not directly denied by the United States, though statements are made for the r.31I] B n 'i i . '^ xw purpose of niininii/.iiiR tlicir probability. It is Pages 90, 91. furtlier assortctl tliat as tbo dead pups wore t'ouud at several rookeries, several distiuet raids Avould be required to aeeount ibr their occurrence. It will be found, bowever, tliat larf^o numbers of d(>ad pu])s were diseoverod upon two rookeries only, both on St Paul Island, as explained by tb<> British Commissioners. The facility with which raids niiojbt be made without any knowledge on tbo part of tbo guardians of tbo islands is illustrated, however, by the following facts referring to raids made in 1890 and 1891, when more than ordinary pre- cautions against raids were taken. The master of the " Challenge " and two of Jiis orew descrilx! at length a raid on St. George Island, of which nothing was known at the time it wr-s made. One of the ercAv 'Uoroalis" gives an account of tbo raid oi it \essel on Zapadnic Rookery, St. Paul Island, while a cutter, whose lights eoidd bo seen, was aneliored M'ithin 2 niilesof them. The raid was successfully made without anything being known of it on the islands. Tlu^ same rookerv was raided in the autumn of 1890 by tlie " Ad61e," and nothing was known of the raid by those on the islands. Colonel Mu'-ray, in an afbdnvit, roft?rs to tbo two first- mcnt ioncd raids as if Iju- people on the islands bad been cognizant of them at the time, and as if one vessel bad been at once seized, and the other but a shrrt time afterwards, but a reference to the passages cited will show that the raids mentioned only became known to the autho- rities, indirectly, months after their occurrence. The bodies of pups examined by Dr. Ackerly wei-c, as he admitted, too much decomposed for a correct autopsy. They were, further, those of pups which bad died in September 1891 when no scaling-vesscls remained in Bebring Sea. The body of a pup folmd dead by the British Commissioners Avas examined by Ur. Giuither. This was in good condition, preserved in alcohol. Dr. Giinther was unable to decide whether the absence of food or the condition of resjjiratory organs was the primary cause leading to dcatli. Though it was at the request of Mr. Stanley- Brown that Dr. Ackerly's examination of the dead pups was made in 1891 — and he was the Treasury Agent in cliarge of the Pribyloff Islands in 1892, and admits that in that year thn nximber of dead Britiiili Comiiii-i- sioiicra' l{(')niit, Iiiiras, 34G, :M7. Kriiisli Cotinfpr- Case, Appeiiilix, vnl.il, pp. 182, 164 Ibi. ass. Ibid., p, 3Sd. Hilli*li Counter. CaaiN Appendix, vol. i, p. 14U. 117 pups on Tolstoi rookery was boyoiul tlio uormnl — no rccoixl is found in liis afTidiivit of an examina- tion in 1892 of any of tlio dcati pups by any authority. Ho seeks, iiowcvci', to account for the unusual mortality in 18!)2 1)y an entirely novel explanation, in which he states that the pups in learninpf to swim had become exhausted, and, wanderiniT off and lying down to rest, were overlooked by their mothers. A comparison of the 1892 pl'.otographs of Tolntoi rookery with those of 189 1., show that the dead pups covered approxi- mately the stime area in both years, and were the explanation now off crcd by Mr. Stauley-Brown the true one, it would also account for the mortality among the young seals in 1891. Mr. Stanley- Brown, however, sttites that — " the location iiuJ toiiognnihic chaiactcr of this rookery Iiavo no couuter-part elsewlicre on tiie island ; " but as dead pups were reported to have been found in large numbers on another rookery on St. Paul in 1891, and Mr. Macoun reports ns many on I'olavina rookery as on Tolstoi in 1892, Mr. Stanley-Brown's explanation can hardly be the true one. A glanc(> at the pbotograjjlis which accompany the British Counter-Case, will show that the ground on which dead pups are to bo seen on Tolstoi rookery extends along practically the whole front of that rookery, and at the time the photographs were taken nearly all the living seals, old and young, were behind this area, so that Mv. Stauley-Bi-own's statement tliat he has — " seen niothei' seals go up tlje entire slope seeking their pups " may be taken as strictly true ; but as they must have gone up this slope in any case, it can hardly be taken as evidence that the young ones had wandered away and so been lost. But if it be true that the pups on tlus part of the rookery-grouud, which must be passed over by all seals going to any other part of it — " lie ilowu to rest, iuul sleep and aio oveilooked by their mothers returning from the sen," no better explanation could be given of the cause of the mortality among young seals on those parts of the rookeries, on some of wliieli it is not as in this ease necessary for the mothors to oroes the ground upon which the dead pups occurred. [311] 11 2 1 t ^ : ' wtma 118 The statements as to » !;roat decrease in the number of dead pups in 1892, as compared with 1891, made hy United States, arc in direct contlict with the observations of Air. ]S[acouii, and arc contradictwi also by the photographs taken in 1892 when compared with those of 1891. Mr. Stanley-Brown is (luotcd on this page of the Uniteil States' Counter-Case as saying : — " Dead pups were us conspicuous by their infrecjuency in 1892 as bv their numerousiiess in 1891." Page 91. Dritith Counter- C.kit, p. 313. Ibid., Apnendix, tol. i, p. 146. United Stain' Couuter-Caif, p. 38S. This gentleman, however, left the Pribyloff Islands on the 14th August, 1892. Dead pups were first observed to bo numerous Britiih Counier- and photographed on Tolstoi by Mr. Macoun ^'u^p.''^^]'"' 19th August; though photographs taken 8th August by Mr. Maynard show that largo numbers of dead pups were lying on that rookery at that date. Mr. Stanley-Brown admits that in 1892 the United Si«ir«' numlier of dead pups on this rookery was " beyond ., jgg' " ""' the normal." He devotes more than a page of his affidavit appended to the United States' Counter- Case to endeavouring to explain it, in the niauucr already r.oticed. Colonel Murray, next quoted in the United States' Counter-Case, says : — " I went over the rookeries carefully looking for dead Ibid., p. 378. pups. The largest nuniber cm any rookery oceuiTcd on Tolstoi, but here, an on the rookeries fjeneiiilly, but few of them were to be seen ns compared witii la.st year. This was the tirst time in my four seasons' residence on the islands that the number of dead pu)is was not greater than could be accounted for by natural eatiscs," Colonel Murray gives no date. That his visit to Tolstoi was before the date of the departure of Mr. Stanley-Brown from the islands is evident, as Mr. Stanley-Brown, as above noted, describes the mortality as beyond the normal. Mr. A. ^V. Lavender's statement as to tlic prac- tical absence of dead ])ups on St. George in 1892 coincides with Mr. Macoun's observations. The same circumstnnoc was particularly observed in the case of the similar mortality in 1891. And such mortality is referred to in none of the affidavits in Appendix to United States' Case which refer to St. George Island in that year. This circumstance, in fact, strongly supports the belief that the mortality in neither year could have been due to the killing of mothers at sea. Page 92. nritlah Coiinler- Casc, Apppndiz, vol. i, p. H6. Dritish Counter- Case, p. SIS. nritlah Commis- sioners' lieport, para. 346 tt ttq. Ill) fl rnRC 02. Iliiii>li Coiinlcr- CiiT, Apprndix, yu\. i, p. MS. Profossor Evermiinn's slatnnont, next quoted in llu; United States' Counter-Case, as to tlio iiumbei* of dead pu'vs on I'oluvina rookery, refers to n visit made by him to tliat rookery early in tho season (22iid July), in eomj)any with Mr. Macoun. His statement of numl)er Ar«n at tliiit timr practleally aj,'rees witli that given by Mr. Macoun, who savs — Ibid., p. M6« " I'rol'essDi- Kvi'nuiinii wliu was witii meat this liim>, iiiiil who (.'ouiituJ 121) lU'iul jiuiw, tliouglit, with mo thill, it' so iimuy woiv to In' seen nl tliu outer inlge 6f tho lookery-yrouiul, tho who'.' miiulier must he very {{rcut, and ahout It nioiitli hiter (LHUh Aii^ust) I hml uini)U' pidof that this was the ruse." Ibid. I'liileJ Slates' ( 'imiiliT-Ca(ir, PIP. ^61-271. Page 93. nrlliah Counter- Case, Appendix, vol. i, p. U8. Mr. IMacoun, liowcver, further says that later in the season tiiero were nearly or quite as many dead pups on I'olavina rookery as on Tolstoi; and a native wlio was M'ith him at tho time of his visit tohl him that there were then more dead pups on I'olavina than weiv on Tolstoi in 1891. Professor Kverinann made but tliis one visit to Polavina (22nd July), lie visited Tolstoi rookery the Ibllowini^ day (23rd July), and iinaliy left St. Paul Island (21th July) more than two weeks before the time dead pups in considerable number were first noted on Tolstoi rookery. The statement made in the United States' Counter-Case to the elTect that sealing-vessels were not present in Pehrinj^ S(>a in 1892, coincides with that specially adverted to in the Uritisb Counter-Case (p. 2i;i) ; but it is main- tained that tho recurrence of a like mortality of pups in that year, absolutely eontirms the deduc- tion arrived at by the Pritish Commissioners in 1891, that this could in no way be connected with pelagic sealing; and that it therefore cannot be interpreted in the manner now endeavoured to be done in the Counter-Case of the United States. The allege''liring Son cntcli, as coiiii>iiix>(l with that in lliu Xoitli I'licilio, is further sliown by the rdiitivo sizes ul'such catches." With tlio ohjec-t of endeavouring to prove the assertion just quoted, attention is drawn to certain Tables contained in tho Appendix to the Uhltod States' Counter-Case, compiled from statistics given in tlio British Commissioners' Kcport. In those Tables tho annual totals of skins are correct, and the proportions taken •within and without Behring Sea arc also correct, — tho number of vessels is correctly given in one instance; but, as the average catch per vessel and per day for tho total number of years has apparently been obtained by the erroneous method of averaging the annual averages given by tho Commissioners, none of these figures are eori-ect. The following coiTccted Tables are therefore presented to take tho place of those given in tho United States' Counter-Caso : — United Stute^' Couiiter-Case, Appendix, p. 411. Tablks of Catcues. S;,ring and Coast Catches. Year. Number of Vessels. Number of Skins. Avcrnge Number per Vesiel. Avora^o Number per Day. 1S8:I l8;io l;v.)l Tvilals .iii.l aver.ij;L's lor tlut'O years 22 29 12 12,371 21,;!9U 20.727 r,(\2 7-17 •193 4-;l 3() oa 5-l,188 1 58(i •1-3 Behring Sea Catches. , i Year. Number of Yessels. Number of Skins. Average Number ner Vessel. Average Number per Day. tSfi!? 1890 1891 IC S3 44 15,197 18,165 28,888 0G8 789 656 16-1 131 10-9 Tolnls and averages for three years 83 62,550 753 12-5 121 Pages 93, 94, Uiiilcil Sinlos' Coiiiiii r-Cii«i", Api ciiilix, |i|), 2^() iM7. Unt wlirn it is attcmptod to dothico nn average take p(!r diem for each vessel from the8(5 figures, several imitortant considerations arc lost sight of. It is particularly to bo noted tlint the conditions are siicli that the sealing voyagtjs made to the south of tho Strait of l\ica in tho winter and early spring would not in themselves he remunerative!. Thoy are made liocauao no other occupation offers for the senling-vosselti, while a cortaiu advantage is to be gained by going early to sea, and thus securing tho pielv of tho pelagic hunters, Tho diagram facing p» 22 of tho British Commis- sioners' lloport illustrates this very clearly. Tho circumstances arc further explained iu para. 583, and in para. 132 of the same llcport, where it is shown that ouly tho months of May and Jimo arc those iu which large numbers of skins have so far tisually been taken outside Beliring Sea. Thus, a daily average? based on tho whole time during wliieh a sealing-vessel is at sea, of which time some months are, as a rule, barely remu- nerative, does not afford any fair comparison of tlie number of seals taken in a given number of days without and within Behring Sea, nor of the " destructivencss " of the catch in the two areas. Unfortunately, the methods of conducting the industry have not enabled data to bo obtained ujion which a comparative Table of monthly catches of seals at sea can be drawn up. The ihird proposition formulated by the United States for rebuttal is : — " 3. That the waste of seal life resulting from pelagic sealing is insignificant." Pan-es 91'. 95. Statements collected by the British Com- missioners, and here referred to, which assert the enormous loss of seals by pelagic hunters, form part of a general discussion of losses. Tho ^liti^ll dm- British Commissioners explain that they have ,nis>i<.nors' Kejort, j^^.^.^^ ^^ -^^ ^^ collcct and cxamiuo all the pp. h'J, (jl4. 1 statements upon which a theory of great losses at sea have l)Oi'n based up to the date at which their Bepoit was written. Tliey have summarized these in paia. (ill of llieir llcport, thinking it better to trace such assertions back to their sources, rather than to depend on the rhetorical expressions of newspapers, &«., which afforded at the time the only other b' «>is fqr the allega< Page 9 1 . tions of extraordiniffy losses at sea. ;:Ji l,-\l::iimt III ill ■ ^B^ 122 In i)roccecliiig to sot out tlio tostimony Pajrc 05 of jHTsous who liavo Rctimlly engaj^csd in pela;^iCaie, Appendix, p. •23-i. Page 99, Its Mr. Townsond, wlio was nttnolird to tho steamer " Corwin " during the suminor of 1 892, volunteered to act as seal-hunter, and is quoted in stipport of the assertion made hy llio United States, that tho numher of seals lost by wounding is great. His experiments as a " pelagic sealer" arc too few and too unskilled to afford any useful evidence on the subject. A part, at least, of Mr. Townsend's loss by rraunding is acco'- nted for when ho says, referring to tho wounded seals which escaped : — " At first I Iptiiincil llie inofl'uctuitl firing of tlio cart- ridges, Imt till! cartriilgcs proveil nil right ns soon ns I It'nrned to niiii nt tlio liend, niid not lit tlie nnimnl ns a whole." An analysis of Captain Hooper's Koport, and tho Table accompanying it, shows that between tlio 27th July and tho 10th August, when one of tho seal-hunters carried by tho " Corwin " was in Una- laska, and tho other was unw(;ll,Mr. ToAvnsend and a quartermaster acted as hunters and took eigh- teen seals, losing four by sinking. These four were killed from the dingy, a small, clumsy ship's boat, in no way adapted for seal- hunting, in charge of a man with one day's experience as a seal-hunter. Between the 10th August and the 21st August eighteen seals were captured by Hodgson llio seal-hunter ; in taking these ho lost but one by sinking, of which he says : " That one I shot at a long distance, from 45 to 50 yards." Five other seals were taken during this time, but by whom is not stated, presumably by Mr. Townsend or the " quartermaster," and one was lost by sinking. Captain Hooper then says : " Our total loss by sinking and wounding was 36 per cent." But in what way a knowledge was gained that any seals were seriously wounded, or wounded at all, and so lost, is not stated. No reference is made in the United States' Counter-Case to the scaling operations carried on by tlie United States' ship " Rush " during the month of August, which resulted in the taking of seven seals, with none lost by sinking, though five were reported to have been wounded ; how this was known is not stated. In view of such statements as those above noticed, the United States here sum up by denying — (1) that the percentage of female seals in the pelagic catch is not large; (2) that pelagic sealing in Behring Sea is not as destructive to [311] S 2 > "1 i ! t 12i5 seal life as in the North Pacific ; aad (3) that the waste of life resultinsf from pelagic sealing is insignificant. Page 99. " Second." " Maiteks upon which tue Report relies to ESTABLISH Conclusions advanced tkeuein, AND to formulate THE REGULATIONS RE- COMMENDED, wniCU MATTEns HAVE NOT BEEN dealt with in the case op the united States." " Habits op tub FuR-p-'UiS.' " 1 . That the Alaskan Seal-herd haa a definite v'inter habitat." The title above quoted, given to this section or Page 100. the United States' Connter-Case, which is stated to be in discussion of a proposition conveyed in the Report of the Britisli Commissioners, contains the expression "Alaskan seal-herd," v.'hich it has been pointed out in the British Counter-Case is in its terms wholly misleadin,-?. and is not admitted as an appropriate narao for the fur- British Counter- seals of the eastern part of the North Pacific. ^■'^' P "'• It is to be noted th;tt the migration chart (No. 3) originally pKsiintcd with the United States' Case is incorrect, as is shown by the changes introduced in the new chart now substi- tuted for the first in the Counter-Case of the United States. This latter chart approximates more nearly to that originally presented by the British Commissioners, but in the light of evi- dence obtained by these Commissioners and that afforded by additional facts set forth in the British Counter-Case, it still requires further correction. It is particularly to bo noted, that neither the migration charts produced by the United States is vouched for by any scientific or expert authority. They are said merely to be "com- pilations based on ci'leucc," &c. Though both charts (with other maps contained in the United States' Case and Counter- Case) bear the signature of T. C. Mendenhali, Superintendent of tha United States' Coast and Geodetic Survey, iL'" is purely lurmal and is attached as a matter of 127 Page 100. routine to iiiai)s issued from the Department in question, and not as in any >vay vouching the accuracy of the data from which the maps are compiled. In this respect, tlic map prepared and presented hy the l^iitish Commissioners dilTers widely. It is explained and adopted hy them in their Report as lorrecl fn tlie hest of their knowledge and heliol'. As the British Commissioners make themselves tlius personally responsihle lor their ma]), tlie rcimarks made in the United States' Counter-Case as to the ahsence of detailed evidence upon which the map is hased are not justitied. Page lOl. I'l'^ pcculi, r method (»f argument employed in the United States' Counter-Case, hy which any deduction arrived at hy the British Commis- sioners is characterized as a " theoretical proposi- tion" or "position," and is discussed heforc the facts ohtained arc noticed, is again well exempli- fied on this page. It is thus under this head, in the first place, asserted hy tlu) Inited States that — " tli':> thcorclimi proposition of an nninial possessing two homes is contrary to what has been observed in respect to the hnbit-s of animals in "eneral." *'ll British Counte.'- Case, p. 152. " Forum," Novem- ber 1889. As to this proposition, it is only necessary to refer to the interesting statement on this suhject made by Dr. Memam, one of the United States' Commissionei's, Avritiug as a naturalist ; and it is confidently afDrmed that no unprejudiced naturalist will he found to deny the existence of two " homes " in the case of a regularly migratory animal. Ur. ilerriam's remarks, here particularly referred to, relate to migratory birds, the analogy between which and the fur-seal has been clearly pointed out hy P'- ''essor Angell. If the •' home " of any animal he merely its breeding resort, any rights viiich may be supposed to flow from the possession of such " liome " would rest in the case of many of the migratory birds, (and particularly of the economically important water-fowl) of North America, exclusively in Canada. If, again, the term "home" be considered as equivalent to that of " habitat," as technically employed hy naturalists, it will be found that the most trustworthy and eminent authorities are united in defining the habitat of a migratory 11 :ii 12« .r^ \, ' ri-'-'j wl 'rM f^ *J '.-^i \ animal as inoluding tlu) \vIu)lo of tho area over I'ngo 101. \rluoh 11 noriniilly mngos. Tho slattMnont made by ilio Jiriiisli Oominis- sionora, as tli(' iH'sult of Hioir investi|^at.iou8, in respect to llio Hiuniuer and winter " homos " of the fur-seal, is next found fault wit!> heeanso tho names of their informants are not siieoiiieally detailed. A roferenee to tho Jiritish Commis- Hrliiih Comiiin. sioners Uej>ort will show that tliey have §?iven, .,„„, i-jJig;. in what is believed to be suflleienlly ^reat detail, an account of the ovidcnco upon which tho " winter homo" of the fur-seals lias been deilnud by them. It is not true that tho names of tlioir informants are not <;iven. A nnmbi>r of those informants are named, and tho detailed statomonts of some of them are included in tho Appendix to tho Re])ort. The lact*t, aseorlainod in interviews with natives aloiij; the coasi, are ^iven in abstract. On the part of Great Jlritain, no such imputa- tions are nmdo respoetiii!; tho basis of tho migration-maps offenxl in the Casa and Counter- Case of the United StJitos. It is in fact boliovod that tho urrors occurring in tlio first, and those which still rem.un in the second, editions of this map are due merely to imjierfect information, and a referenco to the data upon which these maps are constructed fully bears out this belief. Ho v the statement can bo made on this page of tJ\o United States' Counter-Case, tliat tho British Commissioners " entirely overlooked" tho importaut fact that full-grown bull souls are not found to the south of the fiOth parallel, is inex- plicable. This fact was ascertained as the result of their own investigations. It is clearly set forth in pani. lOT of their Uoj nrt, and charaetorized there as a "noteworthy and interesting facV." The further statement that the Commissioners do not anywhere state — " that tlioy cvov hoanl of i\ full-grown mnlo l>i'!on' tho 66tli parallel, ;!n assmni'd northern limit cif the winter hnbitn'. which they have created," is broadly incorrect, as a reference to tho Report nrlilih Commii- will show. As tlio lino drawn on the now migration-chart now offered by the United States to represent tho southern limit of the range of full-grown males is not supported by any evidence, it appears unnecessary to follow the argument based on this, and on the erroneous statement just referred to ; but it may be pointed out, that oven on the sioncn' Krport, paras. 172-180. Page 102. 190 Pugo 102. I'agos 102, 103. Hrttisli x'omiiiii- •inn«r>' |{i'|>urt, Mnp No. li, mill paraii. Sh3, &96. Britiah Coiintf r- Caae, Appendix, vol. ii, pp. 43-139. United Statei' Caie, p. 1^9. Ibid., Appendix, vol. i, p. 406 Britiih Comniia- •ionera' Report, paraa. lUO, ISt Pago 104. incorroflfc nHsnm]>iioii made*, i.e., that full-grown bulls am Holdom Hcon soutli of Uarnnoff Island, and that thd " wintor homo," roforrcd to by tho DritiHli ConimiHHionci'N, is thcroforo not that of tho full-grown inaloH : — 1. That this doos not assist tho furth(^r asacr- tiou niado to do[)ond on it that such nialoH liavo no " homo" but tlio PribylolV Islands ; and 2. That whatever riglitK may How from position, proximity of territory, or food consumod by tho fur-seala, may bo held e(iually on animals of cith(!r 80X or any age, i\w number lioing tho prineipal considiiration, pcrtiojilarly in respect to the consumption of food fishes. Stress is laid in tho United States' Counter- Caso on tho fact that scaling is condueUul to a certain extent southward along tho North AmciMcan coast, as far us California, and it appears to be considenul that this fact invalidates the inigration>map printed in th(5 British Com- missioners' lloj)ort. An cxamiiation of this map and of tho Report will, however, show that it has been fully recognized, and was considered and particularly mentioned by tho Commissioners. It was very clearly not the purj)ose of tho Com- missioners in this map to indicate the whole vast region of ocean which mii,'ht at any time bo resorted to by any fur-seals, but to distinguish and make plain, as the fads obtained by them enabled them tod' lie prineipal resorts of tho fur-seal at various .imhis, and the main routes covered during its nuj^ration. ]'\irthcr evidence since obtained tends fully tocnniirm these main facts as repn'sented in the migratif>"-niap of th* liritish Commissioners. It will further be remembered, that in tho Case of tho United States, evidence is brought forward to show that tho Californian fur-seal is an a' inal wholly dilferent from the northern fur-seal pro])er ; while the Jiritish Commissioners, though not awar(! of the conclusions at which Professor Allen was about to arrive on this subject, li ■ themselves independently recorded their belief that tho fur-seals noted as breeding on the Californian coast could not well have taken part in tho main migration. Tho statement made on this page of the United States' Counter-Case, and based on evidence quoted by the British Commissioners, tliat Captains Kelly and Petit have followed the seals " along " the British Columbian coast, has nothing f«li III ...V=^ . 130 il^ to do with the subject under discussion, for it is Page 104. fully understood and exjilaincd in tlic Britisi; Commissionprs' Report that a iiorthAvard move- ment sots ill among- the seals in the spring. The further s-tatement that — " the ilistributioii of tlio Alaskan seal-liui'd is much more scattered during the winter mouths than is implied by the Eeport, and the ranf,'e of position of the herd is much further south and west than appears on the Com- missioners' chart of migration," shows merely a niiscouceptiou of the nature of these statements and of that chart. No chart, map, or diagram showing the result of ohserva- tions of natural phenomena, such as those of migration, winds, rainfall, &c., in a general way, is so framed as to include all exceptional cases. It is of interest to note, by the statements made on this page of the Counter-Case, that the United States — twenty-five years after having come into possession of Alaska — have in 1892 for the iirst time taken some measures to ascertain the migration-routes of the fur-seal; and though the investigations thus carried out by Captain Hooper, in a single vessel, do not afford evidence of a character comparable with that obtained by the British Commissioners from the numerous pelagic sealers and the native peoples inhabiting the coasts, they, nevertheless, possess some points of interest. These investigations are referred to in a foot- note to this page of the United States' Counter- Case, and it will be foimd on consulting Captain Hooper's Report, in the Appendix, that wherever he speaks of actual observations, iiis statements are in aceord with those of the British Com- missioners. He thus writes : — " But a siHiill jiart of tiie iiiliie herd ijoes to the coasts Unili'd States' of California and Orc''.in. Ma„>/ s.'uls reach the cast Couiiter-Case, " Appendix, pp. 232, further north, some of them coming out through the 370. passes, but goiiig no doubt direct to the laas/ of WashiiKjton, awl rrcii further north. In 188G, during a passage in the United States' revenue-slcanicr " Hush," from Puget .Sound to Unalaska, where wo arrived on the lOtli January, I snw fjtr-scalu nearly every (Ictji, the vessel Laving passed through the herd then on its migration from the passes to the coast, and extending entirely aeross the Vaeifie Ocean." Captain Hooper does not state whether the voyage referred to was made outside or inside Vancouver and the Queen Charlotte Islands, but ■»r Page 104. IJnit.a Slates' Counipr-CaEr, yippnndix, I'p. aas, 370. ISiitisli Coniniid- fcioiicra' Heporl, paras. 'JOP, '.'2-», ■J'J8. lirilibli Counlcr- ("a«c, p. 15:'. L'liitcd Stalls' Counler-Ca.'c. Appendix, pp. 2i8, 233. Page 105. 15rlil-li Couiilfr- 181 in either case his observations accord perfectly Avitli those depended on by the British Commis- sioners. He further states, in two places, tlmt the arrival (or appearance) of seals upon the coast is directly related to that of the coming of the smelts, herring, and ulaehnn. 'Jhis statement may bo comi)arcd with those made in the llritish Com- missionevs' Eoport and in Uio British Counter- Case, with which it fullv accords. As the statements made by Ca|»lain Hooper appear to be relied upon by tlie United States in connection with that part of tlie migration- route of the fur-seal which lies to tlie south of the Aleutian Islands, and to have been emi)loyed in the construction of tlie revised migration- map presented with their Counter-Case, it may he interesting to note that Captain Hooper in 1892 left Unalaska on the 10th November, and arrived in San Eraneisco some +imo before the 21st November, when his lloport was mad*;. On the passage be saw but two seals. Captain Ferguson is, however, also quoted to express his belief that tliere must lie an "im- mense feeding-ground" of fur-seals b(>twccn latitude Uf and I'J" north and longitude 172° and i;}")' west. He saw no fur-seals there himself, but quotes the reports of vessels (not named) which are stated to have seen seals in this region. From the evidence printed in the Bi'itish Counter- Case, it is very probable tliat Captain Ferguson may be correct in his eonjectuie that a certain or even a considerable number of fur-seals may often be found in the region specitied, but this in no way affects the general facts as to the migra- tion of the main bodies of the seals of the North Pacific. So far as it goes, it assists to bear out the evidence relating to the inter- mingling of the seals of both sides of that ocean during the winter months, and also the statcnents as to tlie essentially pelagic habits of the s(>al8. The " data collected and mentioned above " arc those just referred to, and tlieir extremely scanty character fully justifies tlu! doubts expressed as to the trnstwovthiness of some of the indications of the new version of a migration-map pre- sented with the Counter-Case of the United States. H must be explained, that tl.c erilieisni thus made is not directed to all the iii(lieali( ns ol the [lin] T ;■; i III M i^i i'! I mm 182 map; hut it is couliiNMiHy inaiiitaiiii'd ihnt iid I'ngc 105. substnntiul (ividotico lias hccii nddiuiod to verify that pari of tlicso iiidicvilions which sliowstho fiir- scals, after hiiviiii? h'ft tlio tcrrilory of the United States oil the l'ril)yloir Islands, navi^aliiifj in a body dire(^(ly to fliat part of (he west coast f»f Nortii America which is com|)riscd in tlie terri- tory of the same Power to tli(5 soutii of the Canadian coast. Tt may also he noted, that no atte;npt is madt; on th(^ maj) in (|U(>s(i()i ^' show th(^ i^eneral (lis- trihution of the seals in i hrinf^ Sea and alonj; the Ah'utian chain dm-iii!? the summer months. In iliis coniKvtion it is i'urther important to ohserve, that on .'mother map, which ])nrports to fjivo details respect inf? sepals ohs(TV(»d hy ernizers in Uehrini; Sea in 1892, an important errcn* has occurred, in c()nse(|nenc(! of which seals seen in throe ])lacca wrst of the ISOth meridian have been placed at corresjKindini;^ distances rant of that meridian (or in west Instead of east longi- tude). The ci-ror is mor(> important having regard to the small number of cruises made to the west of this meridian. The observations referred to are those of the "Yorktown." No notes are given respecting cruises made to the west of the ISOth meridian in the same year by two other United States' vessels, the "Hanger" nnd tli(>"lSIohican." Tiie logs given in the Appendix (pp. lOO-lOS) cover hut a small jjart of the cruises shown on Chart IV of the United States' Counlcr-Case. Tlie eighty aflidavita of natives collected by Uninl states Captain Hooper in the Aleutian Islands, while ^'"""""''•-t'n''"'. ' ' _ A|ii«'m'.,x. t'. '2Jt engaged in iiivestigatiug th(> range of tlu^ fur- seal, though these would be of uiaterial interest, have not been ])roduced by the United States. I !: " 2. That the AUtshan Seal-herd has changed its habits as a result of disfitrbance on tlie breeding- islands and of pelagic scaling." As in previous cases, the discusFion of the evi- dence and conclusions of the British Commis- sioners given under this head is introduced by imputing a motive to the Commissionci-s. They arc represented as assinning n position, and thereafter endeavouring to sujjport it. The evi- dence and facts adduced by them are, however, fortunately, not thus affected. Page lOG. 1 m Vasrc 100. UiilUli Cnniiiils- sioiiors' lli'|)orl, imi-B. 281. 183 III (IcalitiR with tlio subjiict described in the lujadiii^ abovo quott'd, wliioh nearly corresponds witli that discussed by tlie Uritish Commissioners under their diapter, " (O.) Vhniif/in in Habits of the Vur-nenl in recail years," a sohictioii is made of some oi llio points tal^en up in tliat diaptnr, for reply, wliilc others nrc pitsscd over without notice. 'Ilio .subject is further subdivided in thn United .States' Connt('r-Cas(> into two subordinate s()(;tions, denoted (a) and (h) respectively. The first of those includes mention of the 'J'ablo of catches per man and boat i,'iven on p. 71 of the Commissionc-rs' IJeport, of the dei?rcc of connection of seals found in llelirini^ Sea with the l)n'edinf»-isla:ul8i of the increased pehitjic nature of tlio seals owinij to disturbance, and, sinjTularly enou;^b, or tli(> question of the taking of " stai^ey " seals i>\ sea, which is referred to in another part of t)ic Dritish Commissioners* IJeport. The Tabic just referred to, constitutes oidy a part of the evidence showing thr.t no decrea.se in seals lins been observed at sea in late years. In paras. lOIMO.'* of the JJritish Commissioners' Ileporl, abstracts of statcsmcMifs covering much expcrienire, and a considerable number of years, arc given. Neither is any mention made by the United States of the relative elTeciK of the increasing wariness of the seals and growing experience of the hunters. On l)otb these lirltisli f'oiintir- subjccts mucli additional evidencti is now avail- ('a»o,|, 173; .ind .j,,i^ j,,,,} ||,ig jj, p„tirclv confirn\atorv of the Appendix, vi)l. II, * * pp. ;>'.)-.i.', ri-i(jC. general statements made by the C()mniis«:oners. In respect to the J able, the complaint is made that it includes but five years— 1HS7-J)1. IJut, for all practical purposes, thesi; later vears are the most important, and oll'er the best test of the matter under discussion. Apctrt from the changes introduced by increasing wariness of seals and growing skill of hunters, other impor- tant changes in methods have occurred con- currently with the growth of pelagic sealing. The number of vessels in these years was also larger; and for this reason, and those abovo alluded to, the years in question appear to afford data of a more nearly comparable character. Neither could it be known to the Commissioners that the United States would in their Case fix on tlio year 1885 as being that of the beginning of a decrease in the number of seals. As the dat% [311] T 2 »n I If ' Hi Tiigo 10(5. i'agc 107. Urltisli Conimis- Page 108. laj. 80 far as thoy exist, for tlic whole poriod of pelagic soaliug, are given in the Appendix to the Koi))rt, the suggestion of a \fish to conceal the fufts for 1SS5 and 1880 Iins no validity. As the number of boats engaged in tlio fishing in 1885 is not known, it was naturally impossible to present the average nuniljor of seals per boat ^'orten' Itopoit, taken in that year, while in 1880 several of the ^l''"""""' ''• -"'• sci.liiig-vessels were seized in Uehring Sea, and as there was no reeord of tlx? number of seals taken by such vessels there, and any averages based on tliQ total catch of the fleet must bo inaccurate, they were omitted. A singular train of roasming is next entered into in the United States' Counter-Case to justify the production of new Tables, based on the British Commissioners' ligures ; but in which these figures arc separated and so manipulated as to show a decreasing "coast catch," with an increasing catch in Behring Sea. If the state- ments urged in the above argument — to tha effect that the scalers only in later years became conversant with all the resorts of the seals— aro Correct, they afford an excellent reason for the restriction of the Commissioners' Table to these later years. In the Table printed on p. Ill of the United States' Counter-Case, 3,605 is given as the number of skins taken on the "coast" in 1891, and this is made to correspond with the " spring " catch of earlier years. The fact that fourteen vesacls British Commii- aro shown in the British Commissioners' Table to »'"""/ '^n'"!'. p. iO ). have transhipped their skins at Sand Point, but to have made no return for the coast catch, is ignored in the pre[)arntion of the Table in the United States' Counter-Case. These vessels had taken 0,"0t skins before they reached Sand Point, a great many of which Avere taken on tlio "lower" or southern coast, and if this number were determinable it should be added to the num.'ier, 3,505, used in the Table appended to the United States' Counter-Case. The fact is that many sealing-vcssels, after a short cruize to the southward of Cape Flattery, return to Victoria to retit, and there discharge tiieir skins. These vessels continue sealing along the British Columbia coast, and that part of their cutch taken on this portion of the coast should also be included under the heading "spring catch" or "lower coast" catch in the Table referred to. It is thus evident WffWWWWW^HW^iPI 1 135 Page 108. that, no proximately accurate separation can bo mmle of the "coast" and "spring" catches, and that any Table prepared for the purpose of show- ing the average catch p(!r vessel or per boat, should include all the seals known to have been taken south of the Aleutian Islands. This has been done in the Table given below. Accuracy is claimed for the years ISBU, ISOO, and 1891 only, but in order to show bow misleadijig the Tabic printed in the United States' Case is, the years 1880, 1887, and 18S8 have also been in- cluded in the Table. The explanation offered lor the inclusion of but one part of the " coast eatcb " in tlic Table presented in the United States' Counter-Case (p. 411) is that "prior to iSSO the so-called ' coast catch ' did not include skins taken north of Vancouver Island, and it thc'rcfore corresponds to the ' spring catch ' in the Tabh? for 1889, and following years." The British Commissioners are quoted as the authority for this statement; but on turning to their Report (p. 211), it will be found that what they really say is very dif- ferent from what is attributed to them ; — "The Behring Seii catch for this [1888] and previous years includes a certain number of Hkin.s taken on the const of ISrilish Columbia, to the iiortli of Vancouver Island, the schooners having no ()[)portunity of landing the skins before entering liehring Sea." It is thus evident that the exact number of skins taken on the "coast " prior to 1889 cannot be determined, but an approximate estimate may be obtained by adding together the total of the catches made on the coast in 1889, 1890, and 1891, and ascertaining what projjortion they represent of the total catch for thes;; years. It is by this means found that the number of seals taken on the "coast" represents 4G6 of the total number taken in 1889, 1890, and 1891. In the Table given below 46"6 per cent, of the total catch for each of the years preceding 1859 is assumed to have been taken on the coast, this being the best available means of forming an estimate for these years : — I I i ■>\i ,:t| f :\ ISO) Yiiii', Niiiiilicr uf Vl Bll'ls. 'I'utiil Ciitc'li. Const C'litcli, per Nmnlipr of ll> Ills Avi'iajjL" per Hoat or Vl 8!-;i 1887 17 20.2, 205-207 of their Moport. The fact, stated by th(>m ''para. 102), that no decrease has been noted in the number of seals at sea, thouijh the number frcqiientini:^ the islands has decreased, is of itself sufficient proof of the increased pelagic nature of tlie seal. As to the non-occurrence of " stagey " or " shedding " s^ca\& at sea, the Commissioners may be assumed to have based their statement on the best evidence available to them. Its nature is explained in paras. 281, 631, G32 of their lleport. More complete evidence will be found on this point in the statements appended to the Jiritish Counter-Case. It is a fact generally recognized, that fur- bearing animals living much in the water, such for instance as the otter and beaver, shed their pelage by degrees, and not so markedly at any one time as to seriously affect the value of their skins. The same fact is believed to ex))lain the absence of " stagey " fur-seals at sea, while the creation of a markedly " stairey " condition is supposed by the British Commissioners to occur during, and in con- sequence of, the continued resort of a portion of the seals to the land. It is gratifying to observe that in tliis one instance the explanation offered by the liritish Commissioners is accepted as correct; but the ensuing deduction, that "a seal must, tlierefore, of necessity be on the islands each year at some period," is a non sequitur of flic most apparent kind. The proof is, in fact, exactly to the opposite effect, for if all the seals must resort to the islands, and must remain tliere during the "stagey" season, then no seals should bo found at sea during that season. The " stagey" season begins about the middle of August and lasts for some six weeks. Thus, according to the argument advanced by the United States, no seals should be found at sea from the middle of August up to and after the 15th September. Ill w \l I' : •■■ .1 ; . 'IV V.\H Tliis is, lioHcvfr, wholly lu'i^aliveil l»\ tlio known facts relating to p('lni,'ic sralinf?. Pai?C8 10(1, ^107. But not contont witli flic clcaily ciif posi- tion just outlined, tlic United States t'urtliei' endeavour (and in oppositii ii to it), lo j)rove that "stagey" skins in laifjc quantily aiv ta1 principal or """'''H^i^^l'^:,.. ' i paras. 31,247-248 ruling cause, but not the sole eatisc, of the resort 400. of seals to any particular place at the breeding l;ri>'"''^^'""'>'er- season. Iho subject is, moreover, further treated in the British Counter-Case. It is not, however, in the Coitnter-Case of the Unin-J Siatci' United States attempted din-etly to controvert the JJ;""4'i,''lS8'"' above statement, even in the form in wliich it is prcseitted in that document; bit in discussing it, attention i.s turned t;) the r..>e )r.!s which exist of former breeding-places of the fur-seals in the vicinity of the North American const Page 100. Briliih Comroii- iioneri* Report, piru. 417-4-19, 533,934. SmiIio para, 434. Hritiili Counter- Caie, Appendii, vol. i, pp. 135,136. Page 110. United States' Counter-Caip, Appendix, p. 378. to the south of the Aleutian Islands. Re- ference is made to some of the statements on this subject contained in the Report of the British Commissioners, and it is then stated that the Commissioners have failed to authcntl* ticate these. This alleged "failure" must of course remain a matter for decision on the evidence produced, but the additional informa- tion obtained in 1892 respecting Ilaycock and other islands bud rocks, with that relating to the taking of female seals in milk off various parts of the British Columbian and Alaskan coasts to the south of the Aleutian Islands, go far to reinforce the already strong body of evidence on this point adduced by the British Commissioners. Attention is then, in the United States' Counter- Case, directed to the statement made by the British Commissioners, on the basis of information gained by them on the Com- mander Islands and at Petropavlovsky, as to the formation or attempted formation of new rookeries at various places on the Asiatic coast. Mr. Malonavonski is quoted as having visited one such reported rookery on the Kamtschatka copst, and as having found the animals there to be sea- lions and not fur-seals. Upon this single in- conclusive statement the following remark is made : — .-' !-i "If all the incipient bree(''ng rookeries alleged to exist on the Asiatic coast were examined, doubtless they would be found to be similar to the one above noted." Ibid., p. 363. Ibid , p. 362. British Cumniis- sioneri' Heport, pare. 519. Mr. Grebnitzky is cited to the effect that he thinks it to be wholly improbable that the Com- mander Island seals visit any other land, but it will be observed that though the United States took pains to obtain a written statement from this gentleman, for the purpose of counteracting his statements as quoted in the British Com- missioners' Report, he has not in this document contradicted his specific reference to the forma- tion of a new fur-seal rookery on the Kamts- chatka coast. The great importance evidently attached by the United States to the denial of th? evidence showing that the fur-seal on the Asiatic coasts has sought and found new breeding-places, evidently depends on the circumstance that this evidence tends to substantiate the less complete [311] U • I -:i ;1 140 details respecting the existence of such biccdiug- places (other than the Pribylofl Islands) on the cotst of North America. On the strength of the abo^e imperfect discus* sion, and the inconclusive negations above out- lined, it is then denied on the part of the United Siutes that the — " Alaskan seals have any other home than the P'ibyloff Islands, and that, even if constantly distnrbcd by man while on the rookeries they would seek a new habi- tation." Pasre 11 0. The denial above summarized is not only con- trary to all natural facts, but bristles with am- biguities. If the term "A." skan seals" moans only the seals breeding on the Pribyloff Islands, it may readily be admitted that they have no other breeding-place. If the breeding-place is the only " home " of such seals, it of course follows that this "home" must be on the PribylofE Islands. But the use made of the term " home " is a purely conventional on?, and thus, if the territorial posfossji'on of the " home " is supposed to imply some proprietary right in the seals themselves, it is a wholly misleading one. What " habitation," as dis- tinguished from "home," may imply is not explained. The reftrencc next made on this page of the United States' Counter-Case lO Robbcn Island and Pago 111 British Counter- its rookeries, iTiders it appropriate to point out Case, Appendix, that in the very years in which this island was ^^ ' "' ^^' '' fap'ug continuously harassed hy raids, the seals began to form new rookeries in other suitable places. It is of course impossible to state that they were actually the same fur-seals which had formerly resorted to Ilobben Island, but the pre- sumption is in favour of that belief. In 1892, evideuco of the most conclusive kind possible has been obtained on this particular subject, relating to the formation or attcm ted formation of new rookeries on Moo-shir Rocks, li id., i p. 34, 8 >. Raikoke Island, and Shed-noi Island of the Kurile group, Bittern Hocks off the north-west coast of Nipou Island, and on tho Island of St. lona in Okhotsk Sea. It is thus no longer necessary to deal with the discussion of abstract propositions on this subject of the change of breeding-places, to which we are invited in the Counter-Case of the United States. Occasion is next taken on this page of the mmp Page 111. United States' Counle Case, Appendix, p. 413. British Cominis- sioncrs' lUport, Diaaram No. IV. 141 United States' Counter- Case, to contradict or modify the evidence of one witness out of three quoted in para. 122 of the Britisli Commissioners' Report, in which it is stated that, concurrently •with the bogiuning of the United States' control of the Pribylo'f Islands (and presumably because of the excessive slaughter occurring at that timej, far-sea'.:i Avere found in more than usual abundance on the coast of British Columbia ; the evidence adduced being such as to show the injurious effect of disturbance on the breeding- islands. The matter has been considered to be of so great importance by the United States, that Professor J. A. Allen has written a special letter to the United States' Secretary of State, to say that the year should have been 1870, and not 1869 (as stated in his Monograph), in which seals were specially abundant on this coast. Instead of weakening the force of the Commissioners' statement on this point, the correction given strengthens it, and fully accords with the evi- dence obtained by the Commissioners from other sources. There is no reason to suppose that the excesL'ive disturbance on the breeding-islands, which reached its maximum in 1868, was confined in its effect to the next year. The diagram given by the Commissioners, in fact shows that See aho paras. 44, the greutlv increased Indian catches along the too a • a British Columbian coast actually occurred in 1870 and 1871. K! U :il n [311] U 2 V it a: reserve characl before Ir seal lif very re conuec Furtlie positioi under Report public followi appear! and wr ( 143 ) ii!: APPENDIX TO ARGUMENT. No. 2. Remarks on the United States' Evidence. ANY detailed criticism on the United States' evidence must, of necessity, 1)0 reserved for oral ai'gumcnt, hut there are some observations bearini^ upon the cliaractcr and reliability of such evidence which it is deemed proper here to put before the Arbitrators. In the first place, it must be pointed out that the assertions made in respect to seal life and other connected subjects in the United States' Case, are entu-ely based on very recent afTulavits, or on ]>apers which have been specially obtained or prepared in connection with the present discussion, and which are now produ,]cd for the first time. Fm'ther, that many of these arc derived from persons who formerly occupied official positions in connection with the manageii^ont or supervision of the Pribyloff Islands under the United States' Government control, and who were the authors of official lleports and other writings on the condition of the islands ; but that such earlier and public official Reports are not now referred to in the United States' Case. The following Table shows the names of the Agents and Officials whose sworn evidence apjK'ai's in the United States' Appendices, and which also shows their previous Reports and writings :— •'Hi I lU Xnmcs of Witnesses. Ch. Bryant ., Stephen X. liiiynitsky William II. Dall Captain 51. A. Ilrnly , , John A, Hcnriquez . . Abial P. Loud H. H. Mclntyro John M. Morion . , Jacob H. Moultun , . Joseph Murray •. 8. K. Nettloton H. O. Otis . . Benjamin V. Scribner William H.Williams.. Milton iinrnvit li> I'lilivloff Waiils United States' Case, p. 153 lisrr 1872 lH8i) 1891 1809 1389 IS89 1378 1881 1891 1891 IHSl 1880 It)91 1883 ISEO 187(1 1HS3 1886 1881 1S85 It is also to be remarked that although the above-named gentlemen had not since the dates above mentioned (in some cases fifteen to twenty years ago) visited the Pribyloff Islands, and had not, therefore, any further personal information ou the subject, yet the opinions expressed in the testimony now put forward in many instances differ materially from that formerly expressed by them in their oflicial Reports, as the following few examples will show. 145 Stephen N. Buynitsky. — As to the existeuco of fish near the PribylofPs: — ■' Thoy (the natives) subsist mostly on cod and lialibut, and every description of fish tliey can liiul. They dry and preserve it for winter." — (E I?., 50th Congress, 2nd .Session, Report N'o, 3S8;5, p. 12.) "At the time I wa.s on the islands I do not think there were any fish at all within 3 miles of the islands, and that the seals to feed had to go farther than that from land. The belief is founded on statements made me by natives on the islands, and also from the fact that fresh fish were seldom eaten upon the islands." — (United States' Case, Appendix II, p. 21.) H. n. Mclntyrc. — As to the movements of seals while on the islands ; "The fact is that the bachelor seals may be found to-day upon a certain rookery, and at another time upon another place. The result is the same animals, in many instances, have been counted two or three times." — (II. 15., 50th Con- gress, 2nd Session, Eeport No. 3883, p. IIG.) A^ to the scarcity of bulls : — "There are at present (1888), in my opinion, too few bull seals to keep the rookeries up to their best condition." — (H. I{., 50th Congress, 2nd Ses- sion, Report No. 3883, p. 117.) " Wien we are left oidy exactly the number of bulls we need, and a few even of these are killed, it completely upsets our calculations, with the result of leaving too few of this class of animals to .';ecure the full productiveness of the rookeries." — (H. E., 50tli Congress, 2ud Session, Report No. 3883, p. 130.) "Yet their (the seals') habits are so well de- fined and unvarying that it is au easy matter to determine whether they increase or decrease from year to year, because they always occupy the same portions of certain beaches, and simply expand or contract the boundaries of the rookeries as they become more or loss numerous." — (United States' Case, vol. ii, p. 48.) "While I was located upon the said islands there was at all times a greater number of adult male seals than was necessary to fertilize the females who hauled up on said rookeries, and there was no time when there were not vigorous bulla on the rookeries who were unable to obtain female consorts." — (" United States' Case, voL ii, p. 45.) Henry A, Glidden. — As to raids and sales of skins : — "Q. I would ask whether therj are not trading- vessels which buy skins? — .4. Yes, Sir, auil steal skins ; that is the great trouble we had, to watch marauders. That was more trouble than anything else." — (H. R., 50th Congress, 2nd Ses- sion, Report No. 3883, p. 26.) " Raids on the rookeries by marauders did not, while I was on the islands, amount to any things and certainly seal life hero was not afl'ected u) any extent by such incursions. I only knew of one raid upon St. Paul Island while I was there." — (United States' Ca.se, Appendix, vol. ii, p. 111.) J. II. Moulton. — As to the increase of seals on islands : — "I think during the first live years (1877-82) I was there tlierc was an increase, and during the last three years (1883-85) there was no increase." — (H. R., 50th Congres,s, 2nd Session, Report Xo. 3883, p. 255.) Charles A. Goff. — As to driving : — " We closed the season by ttirning away 86 per tent, [of the seals driven], a fact which proves to vvery impartial mind that wo were redriving the yearlings, and, considering the ntimber of skins obtained, that it was impossil'lo to secure the number allowed by the lease; that we were merely torturing the young seals, injuring the futuie life and vitality of the breeding rookeries, to the detiinient of the lessees, natives, and the Oovcrnment." — (Senate, 50th (/'ougress, 2nd Ses- sion, Ex. Doc. No. 90, p. 5.) " While on St. Raul Island (1881-84) I do not think the number of seals increased, and in the last year (1884) I think there was a slight decrease." — (United States' Case, Appendix, vol. ii. p. 71.) " A few seals are injured by redriving (often conflicted with over-driving, and sometimes so called), but the number so injured is incon- siderable, and could have no appreciable effect upon seal life through destroying the virility of the male." — (United States' Case, Appendix, vol. ii, pll3.) •.■••. :r-— \0 ■V ^ i;. H6 As to causes of decrease : — " It is evident that tlie many preying evils upon seal life, the killinR of the seals in the Pacific Ocean along the Aleutian Islands, and as they come throu{,'li the passes to the Behring Sea, by pirates in these waters, and the indiscriminate slaughter upon the islands, regardlcB" of the future life of the breeding rookeries, hov. it last, with their combined destructive powei, ..luced these rookeries to their present impoverished con- dition." — (Senate, 50tli Congress, 2nd Session, Ex. Doc. No. 90, p. 5.) " The prosperity of these world - renowned rookeries is fast fading away under the present annual catch allowed by law, and this indiscreet slaughter now being waged in these waters will only hasten the end of the fur-seals of the Pribyloff Islands."— (Letter from Mr. Goff to Mr. Windom, dated St. Paul Island, Alaska, 31st July, 1889.) W. B. Taylor.— A8_to raids : — "These vessels will take occasion to hang around the islands, and when there is a heavy fog to go to the rookeries very often As it is to-day, these vessels come and kill 5,000, 10,000, and 15,000 seals every year."— (H. E., 50th Congress, 2nd Session, Report No. 3883, p. 54.) " I believe that the sole cause of the decrease ia pelagic sealing, which, from reliable information I understand to have increased greatly since 1884 or 1885." — (United States' Case, Appendi.x, vol ii p. 112.) ■ ' " There was but one raid on the rookeries while I was there, and that took place on Otter Islniid." — (United States' Case, vol. ii, p. P?.) George Wardman. — As to increase iu numLer of seals : — " After having told the Committee in 1888 that he had measured all the rookeries carefully, Wardman was asked — " Q. Do you put it [the number of seals] at the same numbers annually ? — A. About. I think the breeding seals on the rookeries come in about the same numbers."— (H. II., 50th Congress, 2nd Session, Eeport No. 3883, p. 39.) " I made careful examination of tlie rookeries each year, and after the first year I compared my yearly observations, so that I miglit arrive at some conclusion as to whether it was possible and expedient to increase our portion of the quota of skins to be taken on St. tieorge Island williout injuriously aflVcting seal life there. I am sati.stied, ii'om my observations, that the brecding-gruiiiids on St. George covered greater areas in 1884 than in 1881, and that seal life materially ineicfised between those dates." — (United Stales' Case, Appendix, vol, ii, p. 178.) Charles Bryant. — As to the date of cows leaving their pujjs " The females go into the water to feed when the pups are some six weeks old." — (Senate, 41st Congress, 2nd Session, Ex. Doc. No. 32, p. 5.) As to time spent by pup on land : — "When once in the water the young seals soon appear to delight in it, spending most of their time there in play, tumUing over each other like nhoala of fish." — (" Monograph of North American Pinnipeds," p. 387.) " The pup is nursed by its mother from its birtli as long as it remains on the island.s, the mother leaving the islands at difl'erent intervals of time after tlie pup is three or four days oM."— (United States' Case, Ajipendix, vol. ii, p. 5.) "By the 1st September nearly all the pujis have learned to swim, and until the time of their departure from the islands spend their time both on land and in the water, but by far the i/rcnter portion of their time is spent on land." — (L'nitcil States' Case, Appendix, vol. ii, p. 5.) nearly all the pups mtil the lime of tlieir spend their time both but by far the (jreoia nt on /anrf."— (L'uitcil ii, p. 5.) 147 [to slaughter of pups in 1870 : — I, (hii'iiii,' the season of iSTO the natives, ! supplies luul for their own I'ooil, kille.i -,5tiy I- aii'l li-year-ohl seals." — (" Moiio- FSuiiii Anieriean Pinnipeds," p. 3'J8.) " In 1869 about 85,000 seals wore taken by the natives. I never stated tliat any sueli number were taken in 1870. The full nunilier taken in 1870 was less than 25,000." — (United State3 Counter- Case, Appendix, p. 414.) to relation of fur-seals to the breeding islands : — " Providing the conditions were the same on the islands llie year round as they are in the suiniuer, and providinjj the food Hupi)ly was suffi- cient in the immediate vicinity of the islands, I think the seals would remain on or aliout the islands during the entire year. Tlie seals evidently consider these islands their lionie, and only leave them by reason of lack of food and inclement weather." — (United States' Case, Appendix, vol. ii, p. 5.) Ifiii-scals resort to the Pribylon" Islands 1 Slimmer luoiiths for the sole fiurposo Hii'tiiin. Those .sliiu'ini,' in these ihilii^s iivinain on or near tiie .shore until the ■ alile to take to tlie wat(!r. During this I iieriod the old seals are not known to liooJ." — (" On Eared Seals," p. 95.) " It is probable that the females of this age (2 years) are fertilized by the bulls, and leave the islands in the fall pregnant." — (United States' Case, Appendix, vol. ii, p. C.) " The whole time I was there there was an ample supply of full-grown vigorous males suffi- cient for .serving all the females on the islands, and every year a surplus of vigorous bulls could always be found about the ic'.)keriea awaiting an opportunity to usurp the place of some old or wounded bull unable longer to maintain his place on the breeding-grounds." — (United States' Case, Appendix, vol. ii, p. 7.) I \[o date of fertilization of cows : — tw stage they [the female pup.s] leave ilfiir the winter, and very few appear to island until they are 3 years old, at Ys tlicy seek the males for sexual inter- ' Monograph of North American I'inni- llOl.) Ito supply of breeding bulls : — iiilence of seven successive seasons on ; in charge of these animals has fur- It with the desired opportunity for deter- liis .surplus i)roduct hy actual study of its and requirenu-nts, and the result is, 1; of 100,000 per annum does not leave iDt luiuiber of mides to mature for the Jllie increase in the number of females." 1, 44tii Congress. Lst Session, Kx. Doc. |l7,\) laock of breeding bulls has decreased bill ago and other causes so much faster lias been young seals grown to replace : its ])r(',seiit condition is only equal to \A iluiiiaiid. and the stock of liall'-bull.s, 11 mature in the next two years, is not Mii'it the wants of the increase in the I I'luhr these cireiimstanees I feel it my IfenmiiuMid that for the next two years irtof seals to be taken for their skins bo J.OilO jier aiir.um."— (II. H., 44th Cuu- |!H.-S5iuii, Kx. Vm. Xo. S;!, p. 178.) kiilos the above, thoi'c are a considerable number of United States' officials ■viiiu' iKcu[)iod posts all'ovding special opportunities for studying seal life, have pe to tiin(>, IVeqticutly voported and MTitten on the subject to their Govern- lu'lther tlieir testimoiiv nor previous Reports are in any way referred to ll'iiiti-d States' Case. Of these. Air. II. W. Elliott, ilr. Washburn Maynard, Jj. -Mclntyre, and Afr. George R. Tingle are the more important. I iibscuco of all reference to the writings or opinions of Mr. II. W. Elliott Mr. H. W. El!;<.tt. ^prtieiilarly noticeable omission. m a (liite not long sul)sequeiit to the acquisition of Alaska by the United Ir. iUliott has been known as the principal exponent and official and unofficial itlio subject of the Pribyloff Islands and the seals resorting to them. |o Mr. Elliott is, is best told in the words of his testimony given before the Vional Committee : — 1%1'xperienee covers three seasons on the Seal Islands. In the winter of 1872-73 a Hill 4-)tli Cong., p.' Iit'liirc tJongress, fninieil by Mr. lioutwell, providing for the establishment of four Treasmy '"t Seas., iihi; Seal Islands. Professor I'aird, of the Smithsonian Institute, was very desirous that H- "• 6-.'3, p. 76. Ill] X it 1:1 M,! ! PWP 148 i I 51st CoDg.t ! 2ml Sc89., f H. R. 7303. ■-1: 'Si,-. A. \V. i.;r,oii'!i.'r. some Olio slionld bo sent from the Sniitlisoniun to study the life and habits of llio seals. Up Mr. Uoutwell, and oltoincd from liim perinission to iiominntc ii iiinn wliom lio hlmiild aiiJ as one of the Assistniit Agents. Professor Baird selected mo. I received the niPiiiiiiUiiKui Mr. Boutwell, and landed on the Island of St. George, 28th April, 1872. I went nji tlioic wjtlil special cliar{,'e of .studying tlie life and habits of the seals. The question was an cxceiilii interesting one, aliout which scientific men liad no s]iecial data, and therefore rrofi'ssui' iial interest in it. I immediately went to work on the grounds from the date of my landing, mid I found that the suliject was one which could not be settled, as I thought it could, siiiisl'iictd to myself, in ouii .season. I accordingly remained over, and spent the .season of 187o on tiio siiil grounds on the Island of St. George in order to compare my observations of that seiisun wiih tl of the season previous. I at once saw that whatever I stated in regard to this niallcv woi subject to criticism, and I thought it necessary to bo very thorough in my cNaniinati.iii otl subject before I made a report upon it. . . . In the winter of 18715 I expressed to Jlr. Iticliiii/ and my friends here a gi-eat desire to go to tlio coast of Asia to visit the Russian Sual Islands in ( to complete and e.\tend my work begun on our own islands. Mr. Hichard.sdn said that la' In authority to semi me ; that I could go only by autliority of Congress. Accordingly I ilnw Bill authorizing the Secretary of the Treasury to gatlicr authentic information cm tlial suli and it was introduced by my friends, was referred to this Committee, before wiiicli i n|i|.e (Mr. iJawes being the Chairman at the time), and referred also to the Coniniitteo im t'(iiiiiii| before which also 1 ajipeared, was reported favouraldy to the House, and approved on tlii' liL'nd 1874. I iinnu'diately received my conmiission, and set out in May with an as.sociiile, pidviiliil liJ an amendmi lit in the Bill, tl'e Secretary of the Treasury putting the revenue-cutler ' IJiliaiicol our joint disjin.sil. We, in visiting other places, paid special attention to the Seal Isiaiuls amiiiif year. I csiiecially wanted to visit them at the height of thebiveding season. Wo were tlaivtwJ eight days, until, l.ieulcnant Jiayiiard having expressed himself tliorougiily satisfied willi his invesj tioii on the subjt'cl, we set sail for St. Matthew's Island, and, alter exploring that and St. Lnvii Island, we vetnriu'd by way of (lunalaska to San Francisco, and submitted oi:r l;c]iorts to SutJ Bristow. A few days after mine was submitted. Lieutenant Maynard suliiiiitlril liis llciditj contents of wliiih I knew nothing of until lately, when it was sent to Congre-s, in ol)ciliciii.et order of the Ibmse. ..." It .'.lioiild li(> adili'cl flat as lato as 18i)() tiiis ujcntlcman again visitod and im| {^ated (Iio lirocdiiij^ resorts on the rriliyloll' fslands as Ihc trnsted Ai^fiit of the ['] States, and ai^ain under the mandatt; of a special Act of Congress, but that tiin I{a known to have been made on the results of tliat examination has not been jiulilii or produced to Great Ih-itain, although the British Agent made a special dcinaiKlT its produi'tion, and is not anywhere found among the documents cited in or appei to the Case of the United States. The following is a list of some of Mr. Elliott's lleports and writings on the siilj of seal life : — 1. Kciiurl on the Pribyloff group or Peal Islands nf Alaska. — (Washington (ioveiiiimnt I'rij OtHce, 187;!.) 2. Heporl to Secretary of the Tre.isuiy concerning tiie waste of .seal oil, and tlie '• n.itivii the I'ribyliilV I.slands, and the brewing of qua.ss. — (II. 1!., 44lh C'oiigie.ss, 1st Session, K.\. Duo. Xj pp. lOa and lilt.) 3. lii'iiort u]ion the condition of all'airs in tlie Tiiiitorv of Alaska. — (Washingloii (lovcri^ Printing tMliee, 187."..) 4. "Ten years' aciiuaintanee wit' Maska, 18l)7-77. "— tNiv.- York. Ilai]iiMs limilieis, vol. iv, No. ;l;io.) 5. " Tlie ,S'al Islands of Alaska." — (Washington (lovernmeiit I'liiiting t)tllce, 1881.) (J liepoii nil the Seal Islands of Alaska. — (Washington Goveiiinieiit Printing Olliee. 18S4.) 7. "< 'ill' Arctic I'lovince." It is to be noted that five out of the above seven publications were priiitaJ circulated l)y the United States' Government, and tliat besides the aliove m Mr. Elliott has contributed to new.spajiers and magazines many articles and papel numerous to give a list of. Mr. I'^lliott has, without doubt, always been considered tlio leailing autU on the ftu'-seal (piestion. "While it is conceivable that some of the Keports of Agents appointed IJ United States to control the PribyloiV Islands may, for nnmy reasons, liavef considered by the advisers of the United States as undesinible subjects fi.r piililici it is difliciilt to understand on what grounds all of the l{e])orts have been igiiniv.f particularly why the principal official inves*,igator of the natural history of tlioldj should not bo even referred to, and his Ilcport, made in imrsuance to a siicciaf of Congress, should be suppressed. AiKidier noteworthy circumstance connected with the evidence put loiw!! the United States is as to the declarations which purport to have been made one "A. W. lavender." These are very nunierous, sovnc being taken at Sitka,( I and wiilinss oiitlioMilj iViisliingtou (lovcnuiiiiit I'ril idcrcd tlic leiiiliu!,' 149 llTasliingtoji, others at Kadiak, Nicholas Bay, Dixon Entrance, Victoria, San ucisco, and Lynn Canal. On reference to the declarations it will be found that this gentleman purports to attested declarations at these various places all on the same day. Thus, on tho April he attests the declaration of three Indians in or near Lynn Canal or tthaiu Sound, and also the evidence of J. Johnson at Victoria, British Columbia; ileon the very same date ho purports to attest tho declaration of ^Martin Benson J James Griffin at San Francisco. Otiier examples may be found, as to the 26th April, at pp. 257, 357, and 'MG ; as ' ;i()th April at pp. 25G and 485; as to the 3rd May at pp. 323, 319, 308, and 415 ; Jas to tho 12th May at pp. 2G9 and 283 of tho same Appendix. Ml'. Joseph ^[urray, another United States' Agent, appears to have been able to (sl allidavits in two places at ouco. For instance, on the 13th April he attested dctliiration of Isaac Leonard at Kadiak, and on tho samo day tlie declaration of |l\'. Litth^jolin at San Francisco, the distance between the two places being not less il,()S() miles by sea. (See pp. 217 and 457, United States' Appendix, vol. ii.) No less than twenty-three affidavits from various Makah Indians who inhabit ]};iy and district appear in the United States' Appendix. None of these hie original allidavit. i'lcsli aHiilnl Lave been obtained from sonu; of these deponents. In many eases tlie uitncj directly contradict their former statements, and others even deny that tliiy made tlii The Ibllowing few examples will show with what caution the evidence jiut I'tii'waidl the United States should be received : — IStatcnienfs In Depositions tahen on lehitlf of Slalemenis of same Witnesses In Depositi the United Stales. taken on behalf of Great Britain. Thorwal Mathason. — As to number of females in coast catch : — " We cntiglit over 1 ,000 seals ofl' tlie const ; iiiosl all feiiiales, ami u preat mimlier of them liacl youiif' pups in them." — (United State-s' Case, Appendix, voL ii, p. 339.) As to number of seals lost : — " It takes anywhere from one to twenty .shots on the averaj,'(> to secure a seal, anil I think we got about tiiree out of five that we killed." — (United States' Case, Appendix, vol. ii, p. 339.) Henry Brown : — A long deposition on scaling matters jnirporting to be made by this witness ai>i)eais in tlie United States' Ca.se, Aiipciuiix, vol. ii, p. .317, in which lie states he was eiii) loved on the .schooner " Minnie," 1890, the "Mascotte," 1891, and the "May Eelle," 1892 "I told him [the United Stales' AuMit],!! three out of live were females." — (BiitisiiCuuiJ Case, Appendix, vol. ii, ]). 1G7.) " He [the United States' Agent] did not asld how many seals were lost by siiikiiiL;, but jQ had I would have told him very few wi iv Last year, out of 243 seals taken liy tlir 1 1 1 in, 5 were lost by sinking; this, 14l' wvXf tal and 3 were lost by sinking. This is ;il,oiit| usual percentage lost. . . . The lirst shut killj sleeping seal it' the hunter is any g 1 — (,ilii Counter-Case, Appendix, vol. ii, \i. IdT.) " In 1890 I was a seaman on the ' Miiiiiiv. 1801 a seaman on the 'Mascotte.' In l,sO:il| a seaman on the 'May Jiellc ' until il,i A]iril. " I have never given any stalriinni lii person on sealing matters eitlicr at VicliniiiiTl other place. I am positive that 1 wii.s iiT Victoria in the niontli of Ainil last, iiml iliij then or at any other lime or ]ilacc iiiaki' ;i:n > nient to any persim al.uiit scaliiiL;. - i'r Cuuuter-Case, A]ipenai.\, \ul. ii, p, 171.; Alfred Dardcau. — As to proportion of females : " Of the seals that were caught oil' the coast, fully 90 out of every 100 had young pups in them. . . . [In liehriug Sen] most all of them W(!r(! fciualas tliat had given liirlh to their young on the. islands." — (United States' Case, Appendix, vol. ii, 11. 3lil'.) " 1 consider half the seals caau'lit I'.vl schooner ' K. 1!. Marvin ' [the only srnliiL'vl he was ever on] during the time 1 w.is ,ii« her were females, and a large i)rop(irtiiiii d female seals were barren." — (Brilisii Coiiiitt.', Appendix, vol. ii, y. 181.) William Short. — As to proportion of fenralcs :- "When cruizing along the coast our principal catch was female .seals in puj). . . . Fully 90 per ciiit. of seals olilaiued by us in liehring Sea were 1 uwa ill milk.'— (Uiiilei States' Case, Appendix, vol. ii, p, 348.) " I told him that in some places wr^'M I males, and in others mo.st fcMialcs.'— (liij Counter-Case Appendix, vol. ii, p. i.S'2.) IBl Oeori,'() Disliow. — As (o nuiubi.'r of females : — "A liil';,'t^ lili)|Miitiuii iif nil llu^ himI.s tiiki'li arc Itiiiiili-i ill |iii|i." — (I'liitc'il Stiitt's' (.'iwi', AiniL'iulix, vdl. ii. p. ;i:':i.) " SimictiiiK's I i^ui iiimv 111. ill's tlmii fL'iiiiili's, luul HiiiuctiTiii's iiKiiv rciiiiili'M til. Ill iiiiiU'.i. Taking tho yuiirs to^clliur, I lliiiik iln' cuU'li was uIkhiL hull' mill liiilt'." — (liiitisli C'oiiiiUi'-Cii.si!, AiniuiiJix, v(.i|. ii, i>. ilT) As to nursiiiu; cows in Ik'hi'iii;; Sea : — " Md.sl (if tlii^ .seals taken in lieliriii;,' Se.i aie fcinales. Have taken tlieiii 70 iiii' isliimlH, tliiit worn lull ni' milk,' Ciiae, Aiipundi.x, vol, ii, |.. aL'3.) rnini I lie -(I IlitC'll Stilte:j' " .V lew cnw.s tlieie [in I'.eliriii;^ Sea] vvuiiMlic in milk," — (lirilisli (_'uiiiitei-L'n.se, Appumlix, vol. ii, I-. .J7.) Hie Witnesses in Depositi •half of Great Ihitmn. As to close season : — "1 tliiiik a closuil sea.soii should ho ('.stiil)li.shcil fur hreeiliii;4 .se.ils from tho l.st, Jitiiiiiiry to the |,'itli Aii.mist, in till! North raciliu Oeeaii iiml lielirin^,' Sea." (Uniteil States' Case, .Viiiiuiiilix, vul. ii, p. .-J-M) " I told him [United States' Aji,'ont] I thought the .Sea ou;,'ht to lin closed till aliout end of July, and then lei us go in." — (liritish Counter-Cusu' vol. ii, ]>. ')7.) 1 lie I'nited Stales' A},'oiii] al ere fcumles," — (liritisli C'uiiq L)l. ii, p. 107.) 1 States' Agent] did imt a-k fcrc -lost by sinkiii;.', liiit id 1 told him very few wviv !43»<'al3 taken by tlie IbmI I ,' sinking; this, 14:! \wu' lal by sinking. This is nlmuil ost, . . . Thelirst ^.llutl^ill| Niels Bon(l(>. — As to proportion of females : "The seals caiiglil along the eoast after the 1st April iiri^ mostly i'ie:;iiaiit t'eiiiales, and those ciuight in Ik'hring Sea were lemules that had given hirth to their young," — (United States' Case, Appendix, vol. ii, p. iUti.) As to niimher of seals lost : — " A green hunter will not get more than one out of five ; and 1 have known one hunter on our vessel who shot eighty shots nnd got only four .seals." — (United States' Case, Appendix, vol. ii, p. ^Iti.) " I would any that about OO per cent, on tho eoast were females, and about 50 per cent, females in liehring Sea." — (I'ritish Counte-Case, Appendix, vol. ii, )). 94.) " The poor hiniter missed about half of those ho fired at ; he wounded a few, which escaped ; he sunk a few." — (Briti.sh Cotinier-Case, Appendin vol. ii, p. 94.) i".. a seaman on the 'Miiiiiiv. the 'Ma.scotte.' In l.s(t:il| 'May lielle' imlil llu given any .stiiteiiicut t-i matters pitlior at Viiten;ii'i im positive that I was m Kintli of Aliril last. miuI 4iJ r lime or j.laee iiiiikf ;i;ivs rsoii abiinl seuliii;/. - i't eiaiix, vol. ii, p. 171.) alf the seals eiui^'lit ^larvin ' [tho only sfa!iii;.'-\'l iiring the time 1 wa-i nU4 and a large ])roi«>rtieii "I barren."— (British (.'uiiiiit p. 181.) John ilorris. — As to scarcity of seals : " Seals are si'arcer now than in former years. . . . The .seal herd will soon become exterminated." — (United States' Case, Appendix, vol. ii, [i. .'{40.) As to the proportion of females : — " We began sealing; off Ciijie Flattery and captured about SOO seals idong the coast. There were not over 10 males in the whole lot About the last of April 18S3 I sailed from Vietoria, on a sealing voyage, on the 'Onward,' Morris, master, .... and ca]itiired about 400 .seals while I was ou her. They were all females with ]uip excepting the yearlings, which were about one halt mule ami one-half female. In Febrnary IHS'i \ sailed from Vietoria, liritLsh Columbia, in the schooner ' 70,' I'otts, master andcaugit about 20 seals, all of which were pregnant females" — United States' (Jaso, Appendix, vol. ii, p. 240.) James llohurt Jamiesou, — As to number of seals lost : • " Flach year 1 have found the seals on the coast about in the same numbers ; . . . . taking it one year with another they don't change much, if at all." — (British Counter-Case, Appendix, vol. ii. p. 170.) " There is no getting out of th ; fact that there are more males taken than femiUes. If any one say;', that I ever told liiin that more females were taken than males he says what is not true." — (British Counter-Case, Appendix, vol. ii, p. 170.) " The ordinary white hunter will, on an average, lose over half that h,' kills and wounds." — (United Slates' Case, Appendi.\", vol. ii. p Vol.) " I think tho average hunter would miss one- third the seals shot at Not over one seal in twenty escapes after being shot by the hunter." — (British Counter - Case, Appendix, vol. ii, p. 180.) I ; f ■-il \ I. " .1 I ! !l MPM iii 102 As to proportion of females nud pregnancy : — " In tiiiiitiii}; ailing tliu coast, I tliiiik alioiil 80 per cent, dl tlidsn wc raii),'lii wuic females, ami most of llu'in were carrying 'liuir ymnix." — (United .States' Case, Apiieinlix. vo!. ii,]"i. XUK) " Not (pvenme in I'nrly ol the iVniuliH el\ii.;lil ,,|| liie coast I'll riiidc to lielnilin Sea were wiili |,i||, iiisiiii!." — Itritisli Coiiuter-Case, .\|iiieiiiil\ vu| jj p. IHO.) ' ' llcrbcrt S'lclloy 13cvingloi>. — As (o prohibition of pdnoio st-aling " The ilepniient, fiMther said that . . . .llieinn- tinual supply oi t'lii-seal skin, wliieli it i-i im- portant should lie (ousli'iit and rei,'iilar in sii|i|ily, 18 nhsoluiuly necessary to tlu' mainlenanei' nl ihi" industry "lie has nn hesitation in sayini^ thai the liest way to accomplish tiial oliject woidd lie to jiidliilnt aliHolutely tile killing,' ol' all seals except upon the ialaiids, and Inilhermore to limit the killin.L; nl icals in the islands to the male species al paili- cular times, and to limit the n\ini1ier of the nialis to bo 80 killed. If, however, the rigiitsof individuals ore to be considered, and sealing in the op<'n sea is to be allowed, then de|ionent thinks that the nunilKr of vessids to he sent out by each country ought to bo limited, and the number of seals whicli may be cau^,dit by each vessel should be s]iecilied." — (United .States' Case, Appendix, vol. ii, p. ii'''.>.) Herbert Shelley Bevington. — As to intcrminglin. — A. It de|icnd.s ujion how the monopoly is managed, but, speaking generally, I am against monopolies, and in fa\(iur of a free market. I think mono]iolies injuic llic progress of business." — (ISritish Couiitcr-Casi', Appendix, vol. ii, p. 230.) " I admit that amongst the Copjier Island catt-ii there is a certain percentage of skins which arc for the most part undistinguishable from liu' Ill' I'clliull H Olllr^lll ,„| a Sen wnv \mi|, |„||, '. A|i|iciii|i\, Vol. ii, [Ninth ui'sl (Miili] \ii111|-\V(h1 Ciltl'll in ll.rl, mill 1 lliilik tilt |i|pi'ariitiri'. Iistiitui Villllll Iflnl tl) ( ICiltc II III' Wlllllc lp||siMl'^s ill I'l'l' ill" lilili' hciu.i I shiiiilil iiliji'i'l III,"— I'lix, viil, ii, p, L'llt.) \i'< ]ii'r ri'iit, lit the vv iMhinil Kkiiis arc kns, mill ill lln' sninc f tlu' shins I'liuiiJ ilistiiii,Miisli;ililc fi'iim iii'iila I liiivi' imiici'd (if shins wliii-li ill a 1 tlii^ otiirr iliiss, but 111' (listiii^iiishi'il. ' — nilix, vol ii, ji. liHi.) is. — As to prohibi- . lii'N iUciii, is (IS to tlic iiisitiiiii, ol' wliii'li the i('hij,'ic sciiliii;,' is not vijl disiipin'iir.' Docs ii'|ii'i'sciit wliiit vim i; I ihi nut think it convey tliiit I was in I'liy of ic^iiihitiii;,' Ihe it wiiH tliiit if wh.it I line sort of JJi'^jiihitinii tioii of tlio souls, itiil siiiiiiM'ssion of illl I'lffL't of Liiviiij; till" an iilisojiitu iniiiiiipnlj p])er Islund catch <;e of skins wliioli arc iimuisliiiblo from the 163 pcrBiiri skilleil hi ill.' lniNiiii'ss or iircimtninod to hiiMilliiiK Hkins in the raw slate. "That the ilepoiii'iit has perHoiiiilly lianilleil KfliiipleM of the skins ilealt in hy this linn, iiiiil wiiiilil'liiniself liiv no ilillii'iiliy in (listiii^iiiMliiii;^ the skin of the Cupper Ishliul eatcli floiii the skin o( the Alaska iiinl N'oith-west euteli." — (l^iited Stiiti's' Case, AplH'iulix, vol. ii, )i. ."71) Ahiskii (or I'rihylofl' IhIiiiuI) catch, iiltliougli timt percciitii^e woiilil he iliniciilt to usi^eitiiiii. At a j;\iess I hIioiiIiI Hny thai it was not mure than :!() ]ii'r ccnl., lint of courHc this fur ui Home of these woilhl lie less ilcli.se. I Imve iilso uoticiMl in the .Maskii catch that there are in some particular years skins which aru umlii lin^uishahh! from (Jopjier ImIiiiiiI Hkins." — (HritiHli Couiitcr-Cuse, Appeiiili.x, vol. ii, p. 1!.")0.) William Clmrlos Hlatspicl Stamp.— As to iiit('rmiiio;linij: "That skins of these .several catches [Alaska, (,'o]i]ici, anil Norlli-wcHt] lire reailily ilistiiiguisheil friilii each other "The ilill'eicni csticlwccn Coppcraiiil .Alaska seals lire ilillicull to ilcsciilie so that they can he iii'ilcr- itiiiitl hy liny )icrsiiii who has no )ii,iitical know- lf(li,'c of furs, lull to iiiiy one skilled in the laisine.ss thoiu are appiireiil dilfereiices in colour liclwecii lh(! Copper iind Alaska skins, and ii ililforeiicc, ill the li ii.ylh and ipiality of the hairs which compose till! fur, and there are also apparent sli^'ht ilille- rciiccs in the shape of the skin. The difl'ercnce between the skins ol the three catches lire so niarkeil, tliul they have always heeii e.xiiresscd in llio dillereiit prices ohtained for the skins."— (United States' Ci\Re, Apj Hindi. f, vol. ii, p. 575.) "Ill my iipiiiioii, there is no iihsolute line ol dcliKircalion lietwccn the Copper Ishind skins and .'Maskiis, Mini in iiispi'ctiii^ the coiisi^^ninciits made each year from llie rriliyhilf Islands, throujjh Messrs. I.anips'iii and Co., I linvu found ii certuin ]ieri'enlaj,'e of skins which were /iicHiinih'n of Copper Island skins, mid ill the same way, ill- s|iectiiij,' i'oiisij;nmuiits of Cojiper Islund Hkins, 1 have seen skins wliicli liiid I seen them elsewhuro, I should liavi^ classed as Alaskus, and also a certain iiiiinlier of the intormediiilu dcj,'ree8 of similarity." — (Hritish Counter-CiiRO, Appendix, vol. ii, ]>. 245.) William Charles Blatspicl Stamp. — As to prohibition of pelagic sealing :— "I am not in favour of the suppression of tho Xorth-west ciitch. In my oiiinioii it would lie neither just nor jiiacticable. It would not bo just, because I consider that the Canadians have a ri^lit to catch the seals frenuciitinj,' tho sea adjoiuiny their own shores, and which feed to a larj,'e extent on the food there found, provided they do so in a proper manner. " I think it would be impracticai'le, becanse the only clfect of entire prohibition would probablj be to cause the Canadian schooiiera to register under the Hags of other nations. I an. of opinion also that the North-west catch is ii very im- portant element in the market in Keeping the price of the articles within the reach of the ordinary consumer." — (British Counter - Case, Appendix, vol. ii, p. 245.) Emilo Hertz, member of the firm of Emilc Hertz and Co., Paris. — As to inter- "That the conliimed existence of the fur-seal business is dependent, in deponent's judgment, upon thepreseivation of the seal herds frenuenting the North I'acilie region, and is also a most im- portant element in the iiidu.stry, that the supply of .seal-skins coming into the market each year ihould be regular and constant. • ' • • • "That some Uegulations are necessary for tho preservation of the seal herds frequenting the Northern I'acitio region." — (United States' Case, Appendix, vol. ii, p. 574.) mingling : "That the said firm can distingui.sh very readily the source of iiruduclion of the skins when the latter are in their iiudresseil state." — (United States' Appendix, vol. ii, p. fi.SS.) Norman Hodgson. — As to sorting male "I have hanilled ii great many seal-skins, and can, iijion examiiiiition of the jiell, discinguisli the 5UX of the animal, except in the case of animals under 2 years of ago ; the.se cannot always be (li.stiiiguislied. 1 examined carefully this day 420 seal-skins on board the Hritish scaling-schooner "lleiirielta, wiiich skins, according to log and sealing-b'jok of said vessel, were taken in Bering "I have from time to time .seen among the consignments of Alaska sea's ollered for imblic sale by Messrs. Limpson and Co., of London, skins resembling Copper Island skins, and among the consignments of this latter sort skins resembling the Alaska kind, but I believe it to be impossible to allirm absolutely that these doubtful skins belong to one or otlier of these two localities." — (British Counter-Case, .Vppendix, vol. ii, p. 242.) from female skins : — " At Unalaska 1 was placed on board the seized vessel 'Henrietta' with Lieutenant Johnson, of the ' Corwin,' to jiroceed with her to .Sitka. She had at the time of seizure about 40U skins, and on our arrival at Sitka I was asked to inspect these to (letcrniine the sex of the seals from which they had been taken. Captain C. H. Hooper, of the 'Corwin,' -iskcd me to do this. I told him it N'|| *f^ . maoBsmm 164 Sea ilurinj; tlioinontli of Atigiist 189i:, ami fiml.tn the heat et my kiio\vli.'il;^'o iiiul belief, the iMdpur- tion of tlio sexos to bn us follows ; — Fc'iiialcs, olil ; miilcs, '6'i ; young, tiic sox of wliicli toiild not lie disviiiguisliod, 26 (Signed) "N. HODGSON. " Subsc'bc 1 and sworn to before nie at Sitka, Alaska, ihis 2k.t day of Septeinber, 1892. (Sif^.K'd) "C. L. HoorKli, " Notary Ftiblic, Dislrict of Alusla." — (United S.ates' Countcv-Case, p. 3G9.) MTi^ inipofi.silile to a.sccvtain Jiis with any decree of iiciuraiy, but lie said logo on anyuayanddo my I'csi. and 1 did .'^o. I j^ave lii'n a statement of wiiat 1 llioie^lit tliey were; lie wi;^lied nie to .swear to it, but 1 told liiiii 1 eould not do so, but the statenienl 1 bad iiiveii bini was lo tbo iurt of niy knowl,:dj;e. After tbe .■..liins are .salted, 1 eoiisider it iiniHw.uililu to detine tbe .'^ex of tbe smaller .skins up lo I! years. Witb tbe old eows and eld ladls, of eouisi', an exjiert ean tell, but 1 eonsider it ((uite im)iossible for anij tuie to .say, after skins liave bei'U sabed, lliat any ])avtietdar skin wa.s tbat of one tbat bad been earr\nii,L' vonn^ and from wbieb tbe jaip bad been etit."' — (I'lritLsh Counter-Case, Appendix, vol. ii, p. 1.'14.) As to spali:' sinkinar :- ■' The white liurter secures on r.n average about 60 or 05 jier ceid. of all fur-seals shot in tb.e season " — (United States' Cise, Appendix ii, p. 367.) " Lose very few seals by sinking ; from 5 to 10 per cent, will eover my total lo.ss in tbat respect." — (Uritisli Counter-Case, Appendix, vol. ii p. 134.) Clnrles Campbell : — " Experienced hunters lose very few seals that lire shot, but begir. tiers lose a great number." — (Unitv ^. States' Case, Appendix, vol. ii, p. IT'O.) " llftjority of seals taken are females with young." — (United States' Case, Appendix, vol. ii, p. 256.) "I am nobnntr, bu' this year I killed 15 .scala, and lost 1 only." — (British Counter-Case, Appen- dix, vol. ii, p. 77.) " The principal part of my catch was yonnj; males; there \ eie more of them than females." — (British Counter-Case, Appendix, vol. ii, p. 77.) Clat-ka-koi. -As to bunting on coast : — " He doep ,aot hunt seal in schooners." "Th'5 season this village got 86 seals, and four eivnofis were manned from tins village." " Sometimes a few seals follow schools of herring icto [liainlay] Sound and g< out huiriedly. On auch occasions a few are kil io." — (United States' Caae, p. 305.) " I have hunted both from shore and from schoone"-'' " I told bin' [United States' Ageid] that this year our tribe had got 750 seals with nineti«n canoes tisbing from the shore, and that we had got more la.st year. I told him that one canoe owned by a man launed KciiKcdy, of the same tribe as I am, l.:.d got 86 seals from the shore [in 1891] !a,st year."' " I told him [United States' Agent] I had seen seals inside o' liarclay Sound, and lia\e kilk'l li\c liiontlis HV(iity-!ivc raiinc.s lic]ciii;,'iiii; In llic villii^'c, iiiiiiiiM'il liy lifty iiit'ii, liavc IicPii rii!,'iii,'(Ml ill swiliiig nil' till' coast (if \'aiKoiivi>r I.slainl. 'I'Ik'V (ibtaincJ ill lliis tiii'i^ 10 skiiHy'i:)' viiyilii, ill all, "lUO skins. .... Tlio lil'ly men wlm woiil out liuiii tliis \ill,i.i;(' jiiiiioil ^cJKiniicr.s, iwu in nuiiibiT. ami 111'; M'iils wcvu cau^;lit alidiit '10 miles to .soiilliward mill westward of (.'ajie rintteiy. ( M' llie iiumliev (iiiii;lit, ;UX) woro caiiir'it and killed liy llie native-, (if tliiif villaQ;e." — (I'liited State--' ('a. :iO(i, :lu:.) " I told liiin [rnited States' Aj^eut] that our tiilic ani' the Opichissets manned thirty canoes to limit seals from the .sluiro this last season. He never asked me how many skins the whole trilie had erot, hut how many one canoe would i;et from the shore in a .season, ami I told him ;!0. Ife then asked how many one canoe would <;et from a schooner in a season, and I said about 40 huntinj; oil' tin; coast in a schooner 1 did not tell liiin I have been hunting,' o(f Va\x'. Flattery this year, for 1 have not been sealiii;,' there for tlirci; years or more." — niritish Counter-Case .\])]iendix, vol. ii, p. ] ."."i. ) •■'.lieiiehesiil fiiilliel te.-lili i;ii.l lli.il 'iiU's'.iiins weie asked l!h'iii apiiears in the United Stales' ("ase. - a^ til 11" decreas ; ill the iiiiiiiber el seaN. einii]io~!t.'oii fif catch, i^c., liiii on these points by the I'nited States' .\i,'eiils, but no reference to He is staled in the United Stales' Case to be a Chief, but aid ." d'lllais \ki" \\\< evidenci' bv the ■slilies that he never was one, and never said he was. He wi iiiti'd States' /Vi,'ent. and each of the men with him I dollar. Imiliii]). — As to iiiiiilini;' (Hi const : — lellilies lis to evidence niveii liy I'.lieiiehesiU to Certilie • lo exiih'liee j,'iveli by I'lhelichesllt to I'liited Stales lieiii;; true. — (United St.ites Case, (ireat liritain beinj,' true. — (iirilish Counter- Case, [I :'iii.'!.) Ajiiiendix, vol. ii. y. X'A'k) Ciiili'ta.— As to liuiiliii"- ott ooast : — liililies as lo evidence tilveii liy l-iheiiche^ut 'fold the United Slates' ,\i;ent thai in a season iii.1 Hue — (United Stales' Case. y. .'iUS.) a canoe would i^'el aboiii 100 .seals. He tnld him that about oOO seals hail been taken by sealing,' off |Si e l( .-tinioiiy of Flieiielii-iit aboxe.] shore. "1 ne\er told the old man that seals diil not come in to Kaiclay Sound, for we kill tlieni every year away up. as far as llird liocks." — (iiritisli Counter-Case. .Appendix, vol. ii. p. 14''>.' .T(i!in ^rart;atlic (Slariiolidi). — As to seals in Barclay 8ouik1 : — Sl;iles that fur-seals are rarely seen ill liaivlay "I told liiiii | United Stale,-.' .\,ueiit | that tlie Sdiui I, and are usually fuiniil oil' the coast al a seals came in every year amoiin-t the islands, and i!i--liiiice of from o to l.'i miles. 'I'liev are found were also found oil' I he eoasl everv year. I said , ilear water, and never ein-e In the laud." ' lie is also iment for 11 ■alinir-ve.-sels owned yoiiiij,' pups were caic^lit about the Sound and coast ever\' year: snnie years more and some years less I could not have lolil the captain that seal-i never came inlo the .Sound, fiu- I liavi' been tvieiitv-llve years on this coast, and have always seen the seals coiiie into llie .Sound every year. " \ever said I wa^ a'^eiit for live sealilp^-vi'ssels, I'l \'iel(iria." — (Uii'ted Siat's' Case. pp. I'.OS, liecause I niii not aj;eiit for any." — (I'ritish '''.) Countei'-Ciise, Appendix, vol. ii, p. U")4.) ^^'al•kenllncsch. — As to s(>als in IJaivlav Sound : — Siair-i that seals do not eonie in close In shore M this locality [I'.arelay Soiliid|. Seals are 11111,1,'lit olf the coa"t at" frnin ."> to .;0 miles, li'iiiiiily Indians hunted lliem for food, but imw- iiil:ivs white men ai-.d Indians hunt them for their i '111, mill llipy are rapidly diminishiiiL; in niiinbii. hi-^t year there were fewer than ever befm,' This year the natives eau'rhl aboiil one-half as uiiy as last. In Iiis oiiinioii the seals w ill soon iHi'Xlenuinated. and in three years then' will be I ii"iiiiire .sealiii: "1 was asked \\>\ I'liited Stales' .^i^eiitj many <|uestioiis, and said iliere were not many seals in llie .Sound and alon.i: the coast this year, but last yeartlSOl) there were plenty. Said the reason was that this year while mer. hiul e.iiiie in and hunted lliem away with Lruns and made them wild Ill' Inid me that the Indians formerly hunted the .seals for their food, but now lliey huuled lliem for their skins. Whiti' man asked [.'Ul me bow Ion;,' I thou^'lit it would be before there (Uaited States' Case, p. :!1 1.) would be no skins, and T said that wnidd be im- possible ; there would always be lots of skins, but they would be harder to j^et, because llie seaU were wilder." — (r>iili--ii Counter-Case, .\ppendix, vol. ii, |). 1;")8.) 156 Charlie Hayuks. — As to hunting? on coasn — Oevtifios to trutli of what Wiic -(United States' Case, p. 312.) LMiiiiiescli sniit. ' A y*air ai;<> last spring' .... wo to,,]; i,y,.yi 1,U(HI ■^■■:ds ;i.r P.iirelav SdiiikI IVoiu the shoic Noil"! of an Indians ihink the. .sciil-i are anv finvi'i" — ''IJritish t;ounfi'i-(\wi', AppMuUx, vol. ii i,. Ui'.)| William Pfiidt. -As to doci-easp, protertion, 6i^:-> In Appendix to United Staffs' tiasi'. vol. ii, pp. 404, 4f)ri, te.stitii's as to decrea'-i' in nuirilo.'V of ■seals, pro( action neces.saiy, it^. '• llav»- iit-ver ilaeen out s.-al-hanting niy.si'li', .ui,! I personnlly know iiaothing wuat>;vnr ahoiii thi> ],,u\ thrivw«h .sjiikiijte M' .seals tl)i»« are shut, nor hiv,. any !«io\vl«i!l>je i)er.sonally m tn whether tln' Mais I are uW-wasins^ or where tl»ey ai >:night." — (l!riii;li ('onMi«M'asr vol. ii. p, ]>W.) William Henuann. — As to iitm hunting ; " One seal seemvH to two lost. ' — i l,'iiit*«*-.-»tjite.s' ■'''ase. Appendix, vol. )«. p. 44r).) I Would ni>l ItNtr moo- tiUuft ^ seals in lini { that I would liit.'' ^Miriiii^h ("jMinter-t'a^e. .\|i. peijdiv, vol. ii, p. 118., ii '' G-. Minor.— As to loss huntint*':— ^ " HI) per rent, of the seals .shot with the shot-gun are lost. -(United States' Case, Appendi.x, vol. ii. 1), 46(5.) ' He aski'd un\ the avevaye mim(v>r •<( ^mU destroyed. I repliwJ, "Notnimv tlian 10 j><-i ■ iiu. ' In this I included I'lose tliat 1' know ■vrn'" .killcl and would iink, and those cl\at wei. l.aiHv wounded and I Ihoughf .vould die ifftiMiwardn "The actual unmlier ; j»'e .sink i.s nwrtli .siiiaM. i than tiiat. La.st .ear ivr Atfitf tlian one if uwi.- 1 siMik. This year I got 384 .skin-- and A' ,(:i|,i | Slink and were lost." — (Hritish (.Jountcr-C'aN' .\! pendi.\', vol. ii, p. t>7.) if*' if' ' ■) i: u As to proportion of females : — " A large mnjority of the .seals killcil in the North Pafific are rows with pu])s, and in Hehring Sea cows with milk." — (United Stiites' Case, .\p- pendi.v, vol. ii, p. 466.) ■'There is a Minjonty of I'eniales as a nil.-, i,. on the co.ist au'- in Hehring Sea, hut this vcmi i eateh did not OLotrtin more than 10 jier d iit females, I think. I took about 10 per tint females." — (British Counter-< 'ase, Ajipendix. . 1 p. !•?.) Charles Lutjcns. — As to loss hunting: - " We get SO jier cent, of those we s ("United States' Apjiendi.x. vol, ii. \->. i'tli.) shoot. "- '• In my opinion, .■) pfr cent, will covur the ln- seals liy sinking after lining .shot Ofcuui- a poov hunter will imt ch) so well." — (Biiti- < ounler-Case, A])penili.\, vol. ii, p 1L'2.) Frank Moreau. — As to loss hunting : — We lose aliout '-Ti peicent. of iIih-c we shoot. -(United States' Case, .\ppenili\-, \ol. ii, ji. 467 i As to jiropor'ion of fomalcs : — !I0 per ceni. of skins taken were cows, anil 7"> per I'ent. of cows taken were with puji. — ■ (United States' i'a.se. Appendix, vol. ii, p. 467.; James Cartbcut. — As to loss huuti'.ig : " 1 think on the average I got om; out of 'iVriy ihruB killed, hut some of mv liunters diil not do as well."— (I'nited States' Case, .\|)pendi.v, vol. ii, p.-40'J.) "The loss fiom sinkaije through hein^.^ kilii I ■ mortally wounded would not lif gre.UiT lli., .S per cent., whii'h woidil cover the whole In-- (British Counter-Case, Appendix, vol. ii, p. Ki'j States that 80 per cent, are t'emaieg, of a hi 7j per cent, are in pu)), ami in I'.eliring Sea .I'.i the same percentage in milk.- (British t'luu,'. Ca.se, Appendix, vol. ii, p. 135.) I never was out in a lioal with a scal-hiintii d. have .seen hunters killing near the vessel, iiii! Know that hunters do not lo.so many by siiil^iDL' and a really good hunter loses very few, not ivn "> in ! 00."— (British ''ouuter-Ca.se, Appeinli' vol. ii, p. 138.) i' tl;at weiv ),;i,llv ilH dii; itftiMiwurdu Sink is imwii sniiiil. I tifif*- than on«' if iiui,' 1 skins, mut . . tisli (Jou«tcr-Cii-. \ 157 As to flccroaso of seals : Si'iils were not nciirly so numerous in 1887 ii- I il.iT wiTU in J 877. ... I ilu not tliink it jjossibli.^ |,,r'st'nls to exist foi' any Icujitii of time if tlic |,ii.:>ont .shniKlitt'i continue^."- -(I'nili'd Slates' I (a^-e, Appemlix, vol. ii, n. 40!'.) As to proportion of foiiialcs : — • S."> per cent, of my catch of isoals alonji liic ,iia.-t of the North I'ueilic Ocean were females."- (riiiluil Stute.s' Case, .j\iipeii(li.\. vol. ii, \i. t(»!>,) " Always sealed along the coast and in IJuhring Sea, and noticed no dili'erence in the number of seals from the lirst to the. last year." — (15ritish Countcr-Casi!, Apinnidix, vol. ii, p. i:?8.) .Stales that he lirst went sealin^^ in 188;{.— (ISiitish CouMler-t'aso, Ap])endi.\-, vol. ii, ]i. i;'i8.) ' Aliont lit) per cent. I think would he about the average run of females, ami it would run about the same in Jiehring Sea." — (ihitisii Counter-Case, Aijpendi.v, vol. ii, ]>, ]:'.!).) It is uiiuoccssary to f;ivo any liirthor pxani])lcs, alllioiigh if this sliould be iiMliiiivd the abovo could Ix; easily multiplied. StiHicient examples have been given to show the unr(>liablc character of a great proportion of the evidence produced by the United States, and with what ca.ition it ought to be received. Ill females as a rule, budi | ; Sea, but this year oiu' 3 tlian 10 per leiil. nf about 10 per cent nf -I 'ase, Ai)p:>ndl\, ■, 1. ii_ •nt. will cover tin' iu- shot Of coiU'.i' lo .so well.'— (Hriti 'i .1. ii, J. 122.) ;ial with n seal-liiiiiiii. iig near the vessel, ;iiipian St :i. St al fisheiitsin ,, ., ,. ,. ,. CVs-ioii of Al :isi>a — Uighis aitpiirt'd by Uniicd States .. .. .. I'niteil Stales' Slatuti s dealing with . . (,'i'\ Kill |>eiirl fisheries legislation .. .. ., ,. ,, I'll le seal llslu'iy li gislaiioii .. ., .. ., ., I'iaim of I'hit (1 Slates — Dilfert'i.t foinis ill whteh it is presented .. ,, .. '40 proticli 'II apMi't from >ai)pcrty ,. .. .. ,, roliiiiihiun piMrl fisluries .. ,, ., .. ,, ('iiin])t'nsatioi — Ihitisli cl.iiin for ., ,„ ,, ,, .. ., I'lrite'l Stiles' elaim lor . . , . . . . . . , Page. .5 2\.'ii 14 .'>;» 4» 11 •J7 63 71 II !3 '26 27 11 G8 66 32 59 14 11 17 15 16 19 65 14 28 67 49 15 41 43 43 56 56 57 57 57 58 1 47 5 21, 22 51 48 13 36 54 73 74 IGO INUEX. ^^.\ I"" olpliiu' fie gl. Contentions of — Ori'iit ISritnin . . . . Uiiiti'il StiiU'si' Goveinmtnt .. Convention.", Leyislition by . . , . . . Coral figlierios,. .. .. .. DntrniRcs — liritish cliii... I\ir .. .. .. , . Cases <]iiotecl in refeioiico to . . . , (iueslion of piospcctivo eainin;;s ,, ,. United States' claim for .. Pawson, Ju(l;ie. Deeision of, in eases of "Thornton " and Distinction alleged hctwccii fkins of foals on two sides of Pnei: IJomestie. Fur-seals cannot be classified as " Dulpliin." Case of ,• ,. ,, .. Kxecptions to law of nations , , , , . . Kxclusivc rij;lits of United Slates are lost when seals are on b Falkland Inlands. Seal fishery legislnlion .. .. I'era nalura — Fur-seals are . . . . . . I,nws of Cireat Britain and United States as to, identical Fishery Conventions. Argumentv^ to be deduced fiom Fish— Common right of all men to toko on high sea , . Food of fur-seal , . . . . . . , Food of fnr-?cal derived from the bea . . .. Foreign seal fishery legislation. Conclusions from . , Freedom of the sea defined .. .. .. French fi-hery laws . . . . . . . . Fur-seal — Cannot be classified as domestic . . , . Duration of stay on shore . . . , Food of, derived from high seas . , , , Is pelagic in habit . . Not provided with food by man , . . . Undoubtedly y«r

    i>lnto for tlioir own nationals on liiRli sea' Naturali>t dmit no distinction between seals on two sides of NcwfoniKii lid seal lislicry legislation .. New Zealand — Scairishciy legislation .. .. M'sstaicnieiit in United States' Case as to , . Norlli-west coast — l'"xtemled to lieliviiif; Strait . . Includes whole norlli-wcst coast of North America Limited meaning ]daced on, by United St.ites incorrect Norwegiiin wlialo (islierien . . , . , , Notice issued by United Slates in 1815 . , "Ouwnrd." Seizure of , . ,, ,, ,, , I'acific Ocea-. — C'oimiioidy used to include Beliring Sea .. , Included Behring Sea in Treaty of 1825 ,. " I'cai 1." Case of the . . Pearl fisheries legislation — Australian . . . , . . . . . CVyloii . . . , , . . . , . Colombian . . . . . . . . Mexican . . .. . . .. ,, IVhiRic seabng — United Slates have no legal right to impose regulations on „ „ maintain, must be prevented everywhere Phelps, Mr. On rights of property Pollock and Wright. On animalsye/'^B nalura Possesion — Conditions of, do rot exist except at inomcnt of capture ExainpU'S of . . . . . . . . night of, ceases whe.i seals leave the islands , . Preface . . . . . . . . . . Pribyloff islands. Dcpc iption of . . . . I'rojiirty and jiosBessioi- of wild animals applied to seals I'ropcrty, claim of, by United States .. .. Not loimccted with Hegulations ,, Summary of . . . . Unloiinded I'lotettion — Abstract lig'il of, cannot exist Apart lioiM property, claim to Claim admitted to be novel . . . . , . Ilight of, dues not exist in Hehring Sea . . Kighls of a Ooveinment as to .. (iiiaraiitiiie Act, 182> .. .. .. 'luestloiis at issue between Her Majesty's Govenmieiit a:id tlie „ riiised bv Article VI stated ., 161 Kaid< arc a violation of possession rights of United lU'giilatlulis — Argui.ii nt addressed to question of . . I'or sc.d fflu ries — Ar^er. line Republic .. .. Camida , . . . Cap'o of Good Hope ., .. Chile ., .. .. Falkland Islands .. ., Creenland (.Ian Meyan) . . . . •In|)an . . . , . . Newfoundland,. .. ,. New /eahiud , . . , ■ . Russia . , . . . . Uruguay Her Majcbty's Government willing to join in Itivolvv curtailment of rights, , , , States I'nitid ;■ iites Pas 48 .. 59 • • • • .•52 • • • * .■)3 f • • ■ S4 • • • • 2 38 North Pacific 29 • • • • 44 41 • • • • 42 19 .. 21 19 . . • • .53 •• .. 21 10 21 18 52 51 54 64 9 C3, 64 34 31 33 32 27 1 15 33 G 37 K9 34 37 36 7 27 36 62 8 11 32 OJ 4^ 4.^ 4.'\ 46 41 45 4S 44 41 46 48 4, 63 69 un INDEX. M '' li ! I. ItcguliUiniifi (fontinufd) — Liinitrd to ciisti'rn lialf of Bi'lirins Sen . . . . , , . . Must npply to l)ri'C(lin|j islnnila ns wi'll iia pclngic scaling . . . , Mr. ^V|llll■lon'a proposal for .. .. .. Must lie jiist to nil coiiconii'tl ., ,. l'ogili')ii of United Suites' Onvcriimcnt ns to .. .. .. Should l)C l)indin;j; on nil nntions .. .. ,. .. Wnteis lo be nffectcd by .. .• .. .. .. Revised Stiitutes of United States. I'owcrs of , . , , Kiglits cloinicd l)y United Stntes have no analojty to other fishing rights. . Uiglits of United States not violated by taking seals in higli sen . . Russia — Alleged clnims of . . . . , . . . . . . , Did not claim rijlits asserted by United Stoles . . . . Did not exercise jurisdiction over Behring Sen .. .. .. Seal fishery legislation , , , , . . . , , , St. Helena Act, 1815 .. ., .. .. .. .. Scotch herring fisheries legislation . . , . . , Scaling seliooni rs. Alleged interest of United Slates' citizens in . . Seals— An\ir,t\U /ma natiiro' ., ., Laws for pr^itection of. cited by United States . . Partly eonlroUalile on land, but quite uncontrollable at scu , , Said to be a product of the soil . . . . . , , , Sciiures nf British vessels — In 188G .. Not niialogous with vessels seizid under Hovering Acts . , Sitka. Trial of iSritisli crctvs nt , . Skins. Those from I'ribylofT Islands often classed as from Coaimondcr Islands nnd vice I'crsii .• ., .• .. ,. .. Swimming iinimals. Claim to property in, not analogous with that in pearl or oyster beds , . . . . , . . . . , Territorial Waters Jurisdiction Acts, 1878.. ., ., .. "ThorntGi\" Case of the .. ., .. .. Trent J— Of 182 J Discussed „ Included tichring Sea , . . . . . Of la-J.). Analy.sisof „ Discussed , , . . . . . . „ I'rovej Behrinjj Sen is n part tf the I'acific . . Treaties of 18-11, 181;!. and 1859 prove ihit Xoith-wcst coast included shores ^'^ I'ehring Sea .. ., .. Treaties shtiw llu^sia never el timed rights ns.serted li,' I'liiled States 'Irenty of 1867— United States' Ar;;uuii nts based on . . Did not acquire riglit< over non-territorial waters . . , . Translntio'i of, incjrrect .. ,, .. ,, Tribunal, dec ision of, must I'ollow laws of both parties . , Ukaso of 1709. Chaiacter uf .. .. .. .. .. Ukuse of 1821 — Chiiraeter of . . . . . . . . , . Notification of. to Cjreat Biitiiti . , I'roti'fis against, by Oreat Britain and tlie I'liiled Sla'es , , Withdrawal of Uutisiai; claims .. .. .. United States — Argument derived from laws of other nations .. .. .. Clnims, general view of ( laims, vnr; ing contentians in .. .. .. .. Contentiins as ;o fishery laws of other natiiuis , , . . Contentions, varying nature of .. ,. .. .. Position as to Hegulations , , . . . . Statutes dealing » itii Alaska. , . , . . . . Uruguay seal lishcries legislation . . . . . . . . . . Water boundary -line. Meaning of West, Sir I . S., protest by, against seizuns , , . , Wharton, .Mr., on Hegulations White Sen seal fishery legislation.. .. .. .. Wintir home of fur-seals ., .. ,. Zone. Proposals for, by Mr. Blaine , , . . . . . . f..') 70 05 9 9, Ci 9,07 01 28 •t;! 15 5 12 47 01 61 73 27 40 30 7 1, 2, 71 CI 1 30 59 .38 1, 20 18 19 2U 19 21 21 24 12 22 36 16 17 17 17 18 39 3 4 4!) U) 9 21,22 48 25 1 05 46 29 07 fi:i :() OS 9 9, Ci 9,07 01 G 23 •iS 15 5 12 47 fil 51 73 27 40 30 7 1, 2,71 CI 1 30 r>d .38 1, 25 18 19 20 19 21 21 24 12 22 36 17 17 17 18 39 3 4 49 10 9 21,22 48 25 1 fi.5 4b 29 C7 ^A .-1 V ^' N ( ^j:j f. '^ '/ Hictographic Sciences Corporation 33 WIST MAIK STMIT WiBSTER.N.Y. MSSO (716)l72-4503 m \ :\ \ i^^<^ ,4^ s 6^^ -L---T : r .;;• i . 160 -j r 1 1 \ r 17» :s A ^ ^„r.' :_« ifi ?r ^ LC ■r.J jij f<, ) ] ^jp* #i- r?^ ri, ^ V hA ^^.... _ ^ "^' >^ -^ ■/ 1. ,^ ; V ..^" ,/^ y' yL ■ ^^~ ,/«,--/' V -'^•'A ,'-^" ^ iS *^'' /9 K M \ \ / r.,- .^'-^^<^^ \ y T / ' :C ;,Kamchiitiia I OULf 01 kAMCHAT XA .. , r>;,*.W CYuMhii, «- r \ •" J / / )C KronoUtci \, KOMANDORSKI It BCNIIINcV V <■ Mannh ^* ;r ,ii a M A\ iL :i N I r '^ T^ ^-^ 1 oX ^.i/:^ 'Mkuf I ^A^. > — ' CNe**" .^* K* r\.^^^X "it Pt„ ^^ :^: .*r r y / '-> fly,," ,'inulij** / x^^ 01',, "* V' t* MO 130 UO A 4 ■-- -fy :\. .----. ^ t-tirif j'f K. rjik ,W .^'f'~ Q" CHARIOTTE O ISLANDS 'm V % 9"CM»»<)r,, „ ^ /v,»i»'- ^1"'^ w^ -f L'U •■■-•'•'■' ^>-*t£j *:.' HO i ! I 1 -so ft r A N, -?. o . ^•.- ) L.-^y isr ® .^ IF IK m Q T JK ^' C P«titnL« Robbrn i KaiULhatka. / QUlf 01 A KAMCHATKA (CKronotiki thui "^1 rK/ii-»>/ \. . KOMANDOBSKI If BF.HRINCV V 151! CMtuiiif' > . ^ "'.^ ''i ouir or ^ V K/fONOT SKI ? \ ! 0/^' ■r ! y :e 7. D 1/ %<,.„. f>.7 ^:?^' r-'^'-... ,' V V © ;« V >,, KllMANOORSKI I' 'vt VSv^Medni/ir CMariiif' > Kuv C N»«« ,. vfo'-'V o^*.. ,!£■ ■?•■ "1> ^JM '^ m f.0^*- .o-V" ,>v>^ ■-';? ; .1 o CNe««"'" C. BHisroi BAY 77" ^ lllindl ;' ""'m^ f^,. '-If /(Ouk*mok ,|ot" >CEAN OCEAN v.- ,m;.'..i.-. ■ . i ': I' -I:- -I .1. ::t --' ■ I -^ :t ' I- -1 I • i :: 160 T ' ' ' I -T^ ■J L ISO 1 -n r.k"" ,f<" ,"'» rt* Crt'* TCHI'' CH>t.O' jirK* ■\ i ^ ^ ,,0" tHTHAnr.i « *. V" I i Q" CHARIOTTE (2^ v^ r ISLANDS ^w Stotllll , /■_*..«„ ^^ '^\% VK.4 -V ■J V t 50 »lrtl« ^//Ao^ />» */># Inte/tiqaric* Division, W.O. August 1892. fmmim T CONS' B -i ^J- [C.-7 UNITED STATES. No. 10 (1893). BEHRING SEA ARBITRATION. AWARD OP THE it TRIBUNAL OP ARBITRATION," CONSTITUTED UNDER ARTICLE I OF THE TREATY CONCLUDED AT WASHINGTON ON THE 29th FEBRUARY, 1892, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. Presented to both Homes of Parliament by Command of Her Majesty. August 1893. L N D H J PRINl-BD FOR HER MAJESTY'S STATIONERY OFFICE BT HARRISON AND 80N8, BT. MARTIN'S LANK, .BIMTIH m OKDIVABT TO BIB WAJMTT. Aad to b. pareluMd, either diraetly or thronih uj Boolueller, from KTRB AND 8POTT18WOODB, East Habdiho Stbbit, Fiirr Stbiit, E.G., and 32, ABINODO!! StbKKT, WuTHINeTIB, S.ff.l UB , : 40HN MENZIBS & Co., is;, IIakovib Stb.bt, Epinbdkgh, and 90, WuT Nil! Stmbt, Glasoow i ok HO0GB8, PIQGia, <> Co., Limitkd, 104. GBArroN Stkrxt, Ddilw, [C— 7X07.J Price 'id. I .f'U J r5.,.o.iv^ -n BEHRING 8KA AKBITRATION. Award of the Tribiitial of Arbitration, constituted nndor Article T of the Treaty concluded at Washington on tho 2fllh February, 1892, between Her Britannic Majesty mihI the United States of America. }fr. Tiipjirr In the Kiirl nf RoKrhevy. — (Ri'vriicil Aiujiisl Ifi.) My Lord, Paris, August 5, T^!t:!. I HAVE flic liononr to tian.'mit to your Loidsliip tlic decision of the I'diriiij; Sea Tiiliuiiiil of Ail)itiiitors, whicli iins been (klivcicd to nu; tliis day in accordance witji Article XI of the Tr(afy of tlic 29tli February, 1802. I bave, &c. (Signed) CUARl.F.S H. TUITEH. Inclosure 1. Sontencp rlu Tribunal ifArhilratjr rotisllhii' en vrrtu ilii Trnitr rnnrlu a Wnxhim/lrw. Ir 2!) Fi'rr'ier, 18!)2, et)lre les Ehits'l'nis tfAme'rhiuv ft Hit Miijesle' In Revie (hi Roijaunw Uni (le Grandc-Breltii/nt' rt trirhindp. ATTENDU que, par un 'iVaitc entrc ics Btats-Unis d Ani(5rique ct la Grande- Bretagne, signe a Wnsbington lo 29 I'c/ricr, 181)2, ct dent ics ratifications par Ks Gouvernenients dcs deux pays out etc ccbanj;ecs i\ Londres Ic 7 Mai, 1892, il a etc, ciilir autrcs stipulations, convcnu et regl^' (|uc les ditlerends (pii avaient surf;i entre le Gouvcinc ment dcs l"]tats-Unis d'Anierique ct le Gouverncnient do Sa Alajestc l{ri!anni(iuc, au snjct des droits de juridiction dcs I'ltats-Unis dans les caux dc la Mcr dc Helning, ct aiissi rclativemcnt a la picscrvation dcs phoqucs a iburrure habitant ou fr^jvicntant laditc iiier et aux droits des citoyens et dcs sujets dcs deux pays en ce qui conccrne la ca|)turc dis plioqucs i\ fourrurc sc trouvant dans Ics ditcs caux ou Ics frc(|uentant, seraient souinis ii un Tribunal d'Ariiitrage compose de sept Arbitres, (jui -ieraient noinnics de la niaiiicic suivantc, savoir : deux Arbitres seraient dcsij^ne's par le Fi(^'sidtnt dcs Ktats-Unis ; dcii\ Arbitres seraient dcsignes pnr Sa Majesle Britannic|ue ; son Excellence le President do la Rcpubli(]ue Fran(,'aise scrait prie, d'un coniniun accord, par les Ilautes Parties Confine- tantes de designer un Arbitrc ; Sa Majeste le Hoi d'ltalie serait prie de la me'mo niauieiT dc d<5signer un Arbitre ; Sa Majeste le Roi de SutVle et de Norvege serait pri6 de la niciiif nianii^re de designer un Arbitre: les sept Arbitres ainsi nonimes devant dtre des jiiiis- consultcs d'une reputation distingu^c dans leurs pays respectifs, et les Puissaiicc> auxquedcs leur designation serait remise devant etre prices de choisir, autant que possili'c, des jurisconsultes sachant la langue Anglaisc; Et aftendu qu'il a etc pareillement convenu, par I'Articie II du dit Traite, que les Arbitres sc reuniraient i\ Paris dans les vingt jours (jui suivraient la remise des Coiitie- Memoiics mcntionnes u I'Articie IV, fju'ils examineraieut et de'cideraitnt avec impartialite et soiu les (juestions qui leur etaient ou (|ui leur seraient soumises dans les conditions provues par Icdit Trailc, de la part dcs Gouvernenients des Etats-Unis et de Sa Miijesle Britannique respectivcment, ct que toutes les questions examinees par le Ti-ibunal, y compris la sentence finale, seraient ddcidees par les Arbitres a la majority absolue des voix ; Et altendu que, par I'Articie VI du dit Traite, il a et^ pareillement convcnu ce qui suit:— ,:,,.„,,,.,. -.■,■■..., '-v'l m '' nnitiuc, au sujit irit^ absoliH' di convcnu ce qu "En vuc de la ddcision des qiiestinns soumiscs mix Arhitics, il est eiitendu que lea ciii(| points suivnnts leur seront souniis, atin que leur sentence comprcnne uno decision (Ibtinctc 8ur elmcun desdits cinq points, suvoir : — " 1. Quelle juridiction exclusive duns In mcr aujoui'd'liui connuc sous le nom de Mer (le Ikhrinp; et quels droits cxolusil's siir les peelierics do phocpu's dans cctto mer la Russie ii.t-flle atfirmus et exerces avant ct jusipra rupocpie df la cession do 1' Alaska aux Etiits-Unis ? '•2. Jusqn'a quel point li rcvcndicintion do ccs droits dc juridiction en ce qui coiicerne les pflclierics de plioipies u-t-elle iHo rcconnue ct conci'd<5e par la Grandc- Hivtai^nc 'r " 3. L'espace do incr aujourd'liui connn sous Ic noni dc Mer dc Behring ctait-il I'Oinpris dans I'expression ' Occ'an Pncifique,' telle quVUc a etc employee dans Ic texto du Tnite eonclu en 18*25 ontri' la (irande-Bretagne ct li\ Russie, et quels droits, si droits il y iivait, la Kussio a-t-elle poss(5(U'8 et evclusivcment cxcrcus dans la Mcr dc Behring, apres inlit Traitd 'i " 4. Tens les droits de la lUissie, en ce jjui conccrne la juridiction et en ce qui loiicerne k-s pCcheries de (iliocpie.-", dans lii piU'tie de la Mer de Behring qui s'eteiid i\ Test (le la linjitc maritime de'terminee par Ic 'rraite du 'M) Mars, ISO", cntrc les Ktats-Unis ot la Kussie, ne sont-ils pas inlegraicmeiit p:isses aux Mtats-Uiiis en vertu dc ce memc Tniite? •*5. I^s Ktats-Unis ont-ils quelque droit, et, en eas d'atlivmativc, quel droit ont-ils, soil a la protection, soit a la propriete des plio(pies i\ fourrurc qui freijuentent les ilea ;i|i|inrlenant aux I'ltnts-Unis dans la Mer de Mehring, qnand ccs phoques sc trouv^nt en (k'liors de la limite ordiiinire de .'I milles?" Kt atUndu (pic, piir I'Articlc VII dudit Truite, il a etc pareillement convenu ce qui Miit : — " Si la decision des questions qui prdcident, en ce qui conccrne la juridiction exclusive (ks Ktats-Unis, laisse les choses en tcl etat que le concours dc la Grande-Bretagne soit inVessaire pour letiiblissemcnt dc R^glements en vuo do la protection et dc la preservation convenahles dos phoiiues a f'ourrure habitant ou frecpientant la Mer de Behring, les Aihitres aiiront a determiner la Grande- Bretagne n'a recunnu ni concede a la Hussie aucun droit & une juridiction exclusive sur les pocheries de plioques dans la Mer de Beliring, en dehors des eaux territoriales ordinaires. Sur le troisumc des cinq points susdits, et quant ^ la partie dudit troisi^mc point ou nous est soumise la question de savoir si Tespace de mer aujourd'hui connu sous le noni du Mer de Beliring e'tait compris dans I'expression " Ocdan Pacifiquc " telle qu'elle a etc employee dans le texte du Traite de 1825 cntre la Grandc-Bretagne et la Kussie, nous, Arbitres susnommcs, decidons et prononqons a runanimit6 que I'espocc dc mcr aujouni'iiui connu sous le nom de Mcr de Behring ctait compris dans I'expression " Oc^an Paciti(|ue" telle qu'elle a ili employdc dans ludif Traitd. Et (|uant ik la partie dudit troisii^nic point d'apr^s laquelle nous avons h decider quels droits, si droits il y avail, la Hussic a possC*d^s et cxclusivement exerc^s apr^s ledit Traiti' de 182r), nous, Arbitres susnomnie's, Ic Baron de Courcel, Ic Juge Harlau, Lord Hannen, Sir John Thompson, le Marquis Visconti Venosta, et M. Gregers Gram, constituant la mojorite dcs Arbitres, d(icidons et prononyons (|uc la Russie n'a posscd6 ni exercd, apiits le Traits dc 182.'», aucun droit exclusif de jiiiidiction dans la Mer de Behring ni aucun droit exclusif sur les pocheries de plio((ues dand cette mer, au dclik de la limite ordinaire in caux territoriales. Sur le (iuatri(ime des cinq points susdits, nous, Arbitres susnommcs, d^cidons et pronon^ons ik Tunaniniite que tous les droits dc la Kussie, en ce qui concerne la juridiction et en cc qui concerne les pocheries dc plioques, dans la paitie de la Mer de Behring qui s'etcnd i\ Test de la limite maritime detcrmiiiee i)ar le Traitd du 30 Mars, 1867, entre les fitats-Unis et la Russie, sont integralement pass<3s aux Rtats-Unis en vertu de ce infinic Traitd. Sur le cinqui^ine dcs cinq points susdits, nous, Arbitres susnommcs, le Baron dc Courcel, Lord Hannen, Sir John Thompson, le Marquis Visconti Vcnosta, et M. Gresers Gram, constituant la majority des Arbitres, ddcidons et pronon9ons que les £tats-Unis n'ont aucun droit de protection ou de propriety sur les phoques si fourrure qui frdquentcnt les lies appartenant aux Kitats-Unis dans la Mer de Behring, quand ces phoques sc trouvent en dehors de la limite ordinaire dc 3 inillcs. Et attcndu que les decisions ci-dcssus relatdes, sur les questions concernant la juridiction exclusive des Ctats-Unis mentionnees dans I'Article Vl, laissent les choses en ^tat tel que le concours de la Grande-Uretagne est necessaire pour I'etablissement de Rdglements en vue de la protection et de la preservation convenables des phoques a fourrure habitant ou frequentant la Mer f^e Behring, le Tribunal ayant ddcide in la majorite absolue des voix sur chacun des Articles des R^glemeuts qui suivent, nous, Arbitres suBnommes, le Baron de Courcel, Lord Hannen, le Marquis Visconti Venosta, et M. Gregers Gram, donnant notre assent! ment h I'ensemble des Articles des Rugleincnts qui suivent, ct constituant la majority absolue dcs Arbitres, decidons et pronon^'ons, d'aprds le mode prescrit par le Traitd, que les Reglements communs qui suivent, applicables en dehors des limites de la juridiction des Gouvernements respeotifs, sont n^essaires, et qu'ils doiveat s'iSteadre sur les eaux ci-aprds d^terminees : — Article 1. Lcs Gouvcrncinents iuur, - 21 Airil, 18H0. "Cvunm .suite a une lottre (hi 1 (qiarti'iiienl, en dale du I'l' jour, vous uiijoiji;iiiilit de vuus liiii.'or avec le vaiwiir du Suivice des Dinmnes ' Jioui',' ])liici' sous vtitic ooiiiiimiKli'iiiL'iit, vers lus ilcs iiii\ 1i1ki(|Uus, vous Otcs par Ii>s invscntcs invt'>ti di> tons les ])ouvoivs nLCfssiiires poiir iisstirer rexrciitioii ilo 1(1 I/ii dont IcH teriiios soul (•ont(Miiis ilniis h\ Section lltriii des Statut'i I'cvisi's des ivtntri-rnin, ct oidio vouH est doiiiK- df saisir tout niivire ct d'anvUM' et livrer mix autorites coinpi'toiites tout iiulividii mi toutes persoiines (jue vous trouveriez n},'issant un violation de la Ixji snsniuationnde, apros iiu'iin wertissenienl sutfi.sant leur aura uUi doniiu. " Vous suisirez t'yaloiuent tous spirituuux u\. armus a ion que Ton cliurcliurait a introduire daiw k ilti Triliiiiiiil snisi i\ Nmili I'litioiini'i-s nil iiuviics aniii's tOlltl s ll'S Cois i-s instruct mils IS cxeiiipliirc's s ; que, (l,.iis ict tics Ktats- 6|)6t (i'nn iicti' s (raccusiition iiblablcs a (u suisies, out ctt' (5ji\ iii(ii(iuii's; ou Ic's iiavii'cs viriiemcnt ilcs ,'ail ct6 opt'ivr pnsoiint'iiKiii i Ktiits-Unis c la c6tc (li^ji'i 18 la lettic (0) cntrcr, ont ttr CommaiKhiMts !S a celk'S imii- jiictions ctuiunt cliasse ; ct ()iie Ills. poui'suilcs lii.t ■s saisis, (lout il a (JO inclusive- d'Aniiiauti', y s purticuliii', lu IS Tacle d'aicu- MVS ilaiiii) M. A. Ilnily, " I '(iiiiiimiiiliiiil 11' viipi'iir ilii SiTvlii' ili'M |)iiimm'n ' Itciii/ "11 .Sun Ki'iiiu'Ihcii (('iilifiiiiiii'). "Annexe (B). ' pi'Miiit III I'lMir ill' lijsiiirt ili's Jr, l>. Hull, .\ltiirni'>' ili'H KlntH-l'iiis |ii>iii' Ic jh^liiil. il'.Miiikii, |"iiiisiii\iiiii ;M| iiiiiii ill's Kiid-i-riiis I'l |)ivMi'iit iri ili'Viiiil la ( iiiiHi' I!i'|iri'si'iitiiiil ili't I'.liilM Ciiis il I'll li'iir innii, oni id'i' III I'tle ' Tliiii'iiliiii,* SI iMir, I'll "Il prrsiiiiiii'. I's 111,'ri's, npparaiix. iliillriitiiilis, iai';.'iiisiill il liiali'lii'l, rl nilltl'i' Imili'M pi'l'Miiiiii'i iiiti'i'Vi'liaiit I'olllliii' nviilil ilrs IiiIi'ivIh s iliiiis I'l' iiiiv Iri', I'll pnmsiiili' I'l (ill iK' i'ii','ii''i ■.iiiviiiili'.H ; — lisrillimi, pli'si'liti' Ii'S illir';.'illiiilis i'l iliVliiliiliuim '(^iii' Clinili's \. .Vlilii'y, nllirii'V iln Si'iviri' ill's DiiiinncH Maritime^ ili's I'^iats-Ciiis, iliin;,'(> il'iiiu' Illlsslilll spi'l'lllll' lIlllH 'iiiix ilii lijstiii'l il'.Miisk a, niiti'noiivi'iiii'nt an ]iri'siMit jni 1" .Vm'll, 1880, iliiiiH \vi liiiiili'H ilii luiiiluiii' iLVliiskii ut iliiiis sr.s imiiix, I't. iIiiiih li'S liiiiili's ilii ilistiirt ( ivil I'l Jiiiliriiiiri' il'.Vluskii, 11 suMiir iIhiim ri''lrinliu' ilt's I'liii* ilr crtto luiiiin ili' la Mcr ili! Hi'liriiiH ipii ii|>piirtii'iil iiiulil ili.sli'ii't, ilaiis ilus I'aiix iiiivi;;iil>li.'.s |iiiiii' ili's naviii's vonaiit ili> In limitu iiii'i- i'l JiiiiKi'anl pi tiiiiiH'iiiix nil iiii-ili'ssiis, a saisi \\' viUHnriui ml iiaviiii riPiiiliiuiiL'iiiciit iluliiiiiilin' ^^ix'lt'tti', li' ' 'riiiiiiilnii,' SIS ai^irs, aiipaiaux, I'liiliai'niliniis, caiiiaisuii rl iiiiiti'rii'I, k'sipu'ls I'liiiriit la propiii'li' il'iiiii! lai ilii iic'oniiiii's iluilit attuini'V, ct Ics n cnntisiiiuis an ]iiiilit ili'si foats-rnis ]iom' U'm i'l iisii'urs iii'r.simiics 1 I MUSI'S ri-apli'S : ' Qiu! I"ilit iiaviii' nil nm'lrtlo a I'ti' tiniivi' .si' livrniit a la ili'.siiiutii)ii ili's ptioipu's a fiiuniiri', iiiiiili's ilii trrnliiiri' 'Alask; 1 I'l II' SI'S I'liiix, I'll \ mill tlnil lispiisiliinis 1 11' 111 Si'ctiuii I'.i.'iCi ill's SliluLs lii'visi'.s ill's lilals-l'iiis ; " Kt li'ilit attnnii'V ili'rliiii' (pii' tuiiti's ll'S |iii)piisiiiipiis ri-ilrssim ('miiii'i'i.'S t'l tliaiMiiii' il'i'lliis lail it c'taii'iit vriiii's, I't ipi'i'lirs imiilii'iit suns la Jiiriiliitinii iiiariliiiii' rt il'aiiiiiiiiiti' il'.' n'lti' Cinir, I't ipii', piiiir cetto laisnii, ot I'li t'xi'iiiliun ili's Stntiits ili's Kials-liii.s oiaMis i'l ('ilirli's pour tlr ti'ls ins, li' ii;i\in' nil la giii'iutti; iiiriitiuiiiii'u rl ilirrile I'i-ili'ssii.s, Jaiifji'Miit ]ilii,s ilo HO tnniii'mix, .ses iij;ivs, iipparaiix, iiiiliaicatiiiiis, i',ir;,'aisi)ii i'l iiialrlit'l iiiit I'li' i'l sunt uiiiilisipii's nil prulit di'.s KlaLs-liiis, I'l ijiio liiilito .,'iii'li'tti; so tiniivi' iiiaiiiti'iianl ilaiis lu ilistiirt sn.silit. " I'o ])iiuri|iiiii li'ilil attorney ili'iniinili' ipir riioiinialiK' find' ili' .Iiislii'i' jiiori'ili' el nvi.su niiiiiiii' li'iisa^i' I'll I'l'tte nlliiiri', i't ipic Iniiti's pi'isipiiiies nyiiiit nil iiili'i'i't ilniis Iniliti' (.'iii'li'tti' ini iinviri! snii'iit iili'i'S iiav viiie li'ns.siniinlinii jii'iii'iiili! mi s|u'i;ialt', aliii ilu ri'poinlru nii.x iMDpo.silion.s ,snsi'iiiiii('i'i's, ot ipii', ;'i In siiilu ill) lu priii'i'iliiru n I'n ni'i'i'ssiiiri', li'ilit iinviri' mi liiu'li'tti', srs au'ivs, np]ini'aiix, I'lnlinrcntimis, I'nr'jnisnii i't iiinti'rii'l snii'iit I'oiiilniiiin's ]imir Iniliti^ ransi' ou tmil niitii' i[ii'il n]iiiaraitvnit Justi', par iinvt I'miiii'l I't iliMTi'l ill' ii'tli! Iimimalili' t.'mir, ol rnnlisipu's 1111 piolit ilesilits Ktnts-l'iiiti, .si'loii la furiiiL' 'lis Stiitnls ili'Silils Klnls-fiiis, I'tnlilis i-l I'dii-ti's imur ilo li'ls ens. fSiHllr) 'M. 1). r.Ai.i. .Ufni'iici/ '/(.< l:'fti/.<-l'iii^ jiiiii/' If i/is/riii ir^lliis/,1 " Annexe (C). u m \ : f w lit ilo vuuH diiiar vcvs les ile-i mix ivur rcxi'ciiti li' tats-Uiiis, I't mdie tout iiKlividii "11 nii(5i', aprt'3 iiu'un introduire di^u.i 1« i|iii I'I I i[iii All) •Vo. \V. Tv.' I'.ril "La Tallin ri-ilcssous fonlimt Ips nom.s dos navircs lUitauniipios oiiiplovi's a la olinsse dos plioipies lint I'ti' saisis on aveitis par los I'voi.sonvs du Sovvico dcs Dmiaiii's di'.s fitats-Uiiis, do 188(1 a 1891) I distaiu'c n]'prnxiiiinti\i> do la toiro on cos snisio.s out ou lion, t'os distnncos soiit indii[Ui''es, on co (.iinconio los iiiiviios ' ('nriilonii,' 'Tlioriitoii,' ot ' Omvaiil,' d'apii'S lo tr'iiioi.!,'iia;j;i' du ('ninniniidant loy, do la Alaiii'i! ilos l'',tats-Uiiis (voir .")U' Coiiirros, li" 'Sossimi, Sdiiat, Dnouiiioiits Kxociitit''^, ill(j, pp. 211, ;}(), ot 40). Kilos sonl iudiipii'os, en oe ipii ooncenie los uaviros 'Anna Hook,' r. Saywavd,' ' Dolphin,' ot ' (iiaoo,' d'apiis lo tiiiiioifjna^^e du Capitaiiio .Sliepuid, do la Marino du ^m- lies lllla;." '^nis (Livie JJleu, Etnts-l'nis, No, 2, |81t0, pp. 80-82 (voir ' Appoiulioe an Moiuoiic iiininuo,' vol, .. .." . ; ^ ' !•■ --:;■ ; ' • ',■ ; .- ''■-:..>''-.; ■' " - ■ , •1 iiOf .11 wmmit^mmmmmm a Nom du N»viro. Date de la Sniale. Di^tanee approximatiTe de Terre au moment de la Saiaie. Navlre dea fluta qui a fait la Sai Uiiia ale. Carolent ,. .. ,. 1" Aoftt, 1886 75 millea Corwin. • Thornton •. •• *. I" ,. 1880 70 millea Idem. Onward .. .. 2 ISSA llSiuillea Idem, Fifourito .. 2 „ 1881! Averti par Ic "Corwin," n pen prcs danii la iiieme |)08ilion que "rOnward." Ann* Berk . . . . . . 2 Juillrt, 1887 KG millea Ruab. W. P. Saywird 9 1887 59 millea Idem. Dolphin 12 1887 -lOmilli's Idem. Once 17 ,. 1887 9li iiiilUa Idem, Alfrod Adami , . 10 Aofit, 1887 62 niille,>« ,. ,. ., Idem. Ada 25 „ 1887 15 milleii Bear. Triumph .. .. ., 4 „ 1887 Aferti par Ic '* Rush" de ne pns i;iitrer dans la Mvr de Hehring. Jusnita 31 Juillit, 1889 66milles Kuah. Pathfinder 29 „ 188!) 50 millra Idem. Triumph 11 „ 1889 A»erti par le "Ruali" d'ovoir '» quitter la Mer de llehrinf;. Poaitioii iiu moment de I'ttvertissemcnt (?). Blacit Uiamond U .. 1889 35 millen ,. Idem. Lily 6 Aout, 1889 66 mdlea .. .. .. Idem. Aria! 30 Juillet, 1889 (Vverii par le " Rush " d'litoir i\ quitter la Mer du iteliriiig Kale 13 Aout, 1889 Idem. Minnie 15 Juillet, 1889 65 millea Idem. Psthlindrr 27 M«r«, 1890 Saiai dans la Unio de Neah» Corwin. Et attendu que le Gouvernement de Sa Majesty Brilanniquc a demande ;"k nous, Arbitrcs susnomm^s, de decider sur lesdites questions de fait, telles qu'elles resuitent de I'expos^ susmentionne ; que I'Agent et les Conseils du Gouvernement des fitats-Unis ont, en notre presence et s'adressant ii nous, d(5clar6 que ledit exposd des faits ^tait confiriiK; par les dpositions des teiiioins, et qu'ils s'etaient mis d'accord avec I'Agent et les Conseils de Sa Majesty Britanniqne pour s'en remettre a nos Arbitres de dire et prononcer vdritable, en tant que nous le jugerions 4 propos, ledit expose des faits. Nous, Arbitres susnomm^s, disons et pronon^ons i\ ruimniniit^ que lesdits faits, teis qu'ils se trouvent dans ledit expos^, sont v^ritables. Et attendu que toutes et chacune des questions qui ont 6t6 examinees par le Tribunal ont ^t^ ddcid^es h la majority absolue des voix, Nous, le Baron de Courcel, Lord Hannen, le Juge Harlan, Sir John Thompson, le S^nateui- Morgan, le Marquis Visconti Venosta, ct M. Gregers Gram, (5tant entendu que les Arbitres qui se sont trouv^s en ininoritu sur certaines questions, ne retirent pas Icurs votes, declarons que le present acte coutient la de'cision tinale et la sentence Icrite du Tribunal, conform^ment aux prescriptions du Traito. Fait en double h Paris, et 8\gn6 par nous, le I.V jour d'Aoilt de I'annee 1893. (Signe) ALPH, DE COURCEL. JOHN M, HARLAN. JOHN T. MORGAN. HANNEN. JNO. S. D. THOMPSON. VISCONTI VENO.STA. G. GRAM. [English Version.] Award of the Tribunal of Arbitration constituted under the Treaty concluded at Washington, February 29, 1892, between the United States "/ America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland. WHEREAS by a Treaty between the United States of America and Great Britain, signed at Washington the 29lh February, 1892, the ratitications of which by the Govi-in. ments of the two countries were exchanged at London on the 7th May, 1892, it was, amongst other things, agreed and concluded that tlie questions which had arisen between the Government of the United States of America and the Government of Her Britannic • La Bale de Neah eat situeo dana I'fitat de Waahington, et le " Path&nder " y n 6ti saiii, du chef i'.e ddlita commis par lui (Imi la Mer de Uehrinj; I'annee pr^6dent«. Ce bittimcnt fut rel»ch« deux jours jilua t«rd. isdits faits, tels i'.s ddlitB commii fu lui 9 Majesty, concerning the jurisdictional rights of the United States in the waters of Behring Sea, and concerning also tlie preservation of the fur-seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seals in or habitually resorting to the said waters, should be submitted to a Tribunal of Arbitrntion to be composed of seven Arbitrators, who should bo appointed in the following manner, that is to say : two should be named by the President of the United States ; two should be named by Her Britannic Majesty ; his Excellency the President of the French Republic should be jointly requested by the High Contracting Parties to .lame one ; His Majesty the King of Italy should be so requested to name one ; His Majesty tiio King of Sweden and Norway should be so requested to name one ; the seven Arbitrators to be so named should be jurists of distinguished reputation in their respective countries, and the selecting Powers 'il.^uld be requested to choose, if possible, jurists who are acquainted with the English language ; And whereas it was further agreed by Article H of the said Treaty that the Arbitrators should meet at Paris within twenty days after the delivery of the Counter- Cases mentioned in Article IV, and should proceed impartially and carer jlly to examine and decide the questions which had been or should be laid before them as in the said Treaty provided on the part of the Governments of the United States and of Her Britannic Majesty respectively, and that all questions considered by the Tribunal, including the final decision, should he determined by a majority of all the Arbitrators ; And whereas by Article VI of the said Treaty, it was further provided as follows : — " In deciding the matters submitted to the said Arbitrators, it is agreed that the following five points shall be submitted to them in order tiiat their Award shall en>brace a distinct decision upon each of said five points, to wit : " 1. What exclusive jurisdiction in the sea now known as the Behring Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and ej.ercise prior and u[) to the time of the cession of Alaska to the United States ? " 2. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded by Great Britain ? "3. Was the body of water now known as the Behring Sea included in the phrase "Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia ; and what rights, if any, in the Behring Sea were held and exclusively exercised by Russia after said Treaty ? "4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in Behring Sea east of the water boundary, in the Treaty between the United States and Russia of the 30th March, 18C7, pass unimpaired to the United States under tliat Treaty ? " 5. Has the United States any right, and if so, what right of protection or property in the fur-seals frequenting the islands of the United States in Behring Sea when such seals ;iie found outside the ordinary 3-mile limit ?" And whereas by Article VII of the said Treaty it was further agreed as follows : — " If the determination of the foregoing questions as to the exclusive jurisdiction of tlie United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper protection and jircservation of the i'ur-seal in, or habitually resorting to, the liehring Sea, the Arbitrators shall then determine what concurrent Regulations, outside the jurisdictional limits of the respective Governments, are necessary, and over what waters such Regulations should extend ; "The High Contracting Parties furthermore agree to co-operate in securing the tdlicsion of other Powers to such Regulations." And whereas, by Article Vlll of the said Treaty, after reciting that the High Contracting Parties had found themselves unable to agree upon a reference which should include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens in connection with the claims presented and urged by it, and that "they were solicitous that this subordinate question should not interrupt cr longer delay the submission and determination of the main questions," the High Contract- ing Parties agreed that " either of them might submit to the Arbitrators any question of fact involved in said claims and ask for a finding thereon, the question of the liability of cither Government upon the facts found, to be the subject of further negotiation ;" And whereas the President of the United States of America named the Honourable John M. Harlan, Justice of the Supreme Court of the United States, and the Honourable John T. Morgan, Senator of the United States, to be two of the said Aahitrators ; and Her Britannic Majesty named the Right Honourable Lord Hannen and the Honourable I Sir Johii Thompson, Minister of Justice and Attorney-General for Canada, to be two of [623] f{li!! I 10 the said Arbitrators ; and his Excellency the President of the French Republic, named the Baron de Courcel, Benator, Ambassador of France, to be one of the said Arbitrators ; nnd His Majesty the King of Italy named the Mar(|uis Emilio Viseonti Venosta, former Minister of Foreign Affairs and Senator of tiic Kingdom of Italy, to be one of the said Arbitrators; nnd His Majesty the King of Sweden and Norway named Mr. (jrcgcrs (iram, Minister of State, to be one of the said Arbitrators ; And whereas we, the said Arbitrators, so nanioil and appointed, linving talven upon ourselves the burden of the said Arbitration, nnd having dniy met at Paris, proceeded impartially and carefully to examine and decide all the questions submitted to us tiic said Arbitrators, under the said Treaty, or laid before us as provided in the said Treaty on the part of the Governments of Her Britannic Majesty and the United States respec- tively. Now we, the said Arbitrators, having impartially and carefully examined the >nid questions, do in like manner by this our Award decide and determine the said ({uostiuns in manner following, that is to bay, we decide and detcrmiuoas to the five points mentioned ID Article VI, as to which our Award is to embrace a distinct decision upon cacli o|' them ; As to the first of the said five j)oints, \vc, the said Baron dc Courcel, Mr. Justice Harlan, Lord Hannen, Sir .John Thompson, Martjuis Viseonti Venosta, and Mr. Gre;;crs Gram, being a majority of tiic said Arbitrators, do decide and determine as follows: — By the Ukase of 1821, Russia claimed jurisdiction in the sea now known as tlie dehring's Sea, to the cxtenl of 100 Italian miles from the coasts and islands belongiiiu' to her, but, in the course of tiie negotiations wliicli led to the conclusion of the Treaties of 1S'J4 with the United States, and of 1825 with Great Britain, Russia admitted that I lei jurisdiction in the said sea should be restricted to the reacli of cannon shot from shore, and it appears that, from that time up to the time of the cession of Alaska to tiie United States, Russia never asserted in fact or exercised any exclusive jurisdiction in Behring's Sea, or any exclusive rights in the seal fisheries therein beyond the ordinary limit of territorial waters. As to the second of the said five points, we, the said Baron de Courcel, Mr. Justice Harlan, Lord Hannen, Sir John Thompson, Marquis Viseonti Venosta, and Mr. Gregers Gram, being a majority of the said Arbitrators, do decide and determine that Great Britain did not recognize or concede any claim, upon the part of Russia to exclusive jurisdiction at to the seal-fisheries in Behring V x, outside of ordinary territorial waters. As to the third of the said five points, as to so much thereof as requires us to decide whether the body of water now known as the Behring Sea was included in the phrase " Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia, \vc, the said Arbitrators, do unanimously decide and determine, that the body of water now known as the Behring Sea, was included in the phrase " Pacific Ocean " as used in the said Treaty. And as to so much of the said third point as requires us to decide what rights, if any, in the Behring Sea were held arid exclusively exercised by Russia af\er the said Treaty of 182.5, \vc, the said Baron dc Courcel, Mr. Justice Harlan, Lord Hannen, Sir Joliii Thompson, iMarquis Viseonti Venosta, and .Mr. Gregers Gram, being a majority of the said Arbitrators, do decide and determine that no exclusive rights of jurisdiction in Behrins Sea and no exclusive ri;;lits as to the seal fisheries therein, were held or exercised h\ Russia outside of ordinniy territorial wafers after the Treaty of 182'). As to the fourth of the said five points, we, the said Arbitrators, do unanimoiiily decide and determine that all the rights of Russia as to jurisdiction and as to the seal fisheries in Behring Sea, ensi of the water boundary, in the Treaty between the United States and Russia of the 30th March, 18(57, did pass unimpaired to the United States under the said Treaty. As to the fifth of the said five points, we, the said Baron de Courcel, Lord H.mncn, Sir John Thompson, Manp'.is Viseonti Venosta, and Mr. Gregers Gram being a majority of the said Arbitrators, do deeido and determine that the United States has not any right of protection or pro|)erty in the fur-seals frequenting the islands of the United States in Behring Sea, when such seals arc found outside the ordinary 3-mile Hunt. And whereas the aforesaid detern.ination of the foregoing questions as to the exclusive jurisdiction of the United States mentioned in Article VI leaves the subject in sueli ;i position that the concurrence of Gicat Britain is necessary to the establishment of Ue^^u- lations for the proper protection nnd preservation of the fur-seal in or habitually resortini,' to the Behring Sea, Inc Tribun-l iiaving decided by a majority as to each Article ol llif following Regulations, we, the said Baron de Courcel, Lord Hannen, Marquis Viseonti 11 Venostu, and Mr. Grogers Grnm, assenting to tlie wliole of the nine Articles of the following Regulations, and being a inajoiity of the said Arbitrators, do decide and determine in the mode provided by the Treaty, that the foilowing concurrent Regulations outside the jurisdictional linnls of tlio respective Governments arc necessary, and that they should extend over the waters hereinafter mentioned, that is to say : Article 1. The Governments of the United States and of Great Britain shall forbid their citizens and subjects respectively, to kill, capture, or pursue at any time and in any manner whatever, the animals commonly called fur-seals, within a zone of 60 miles around the Pribiloff Islands, inclusive of the territorial waters. The miles mentioned in the preceding paragraph are geographical miles, of 60 to a degree of latitude. Article 2. The two Governments shall forbid their citizens and subjects respectively to kill, capture, or pursue, in any manner whatever, during the season extending, each year, from the Ist May to the 31st July, both inclusive, the I'ur-seals on the high sea, in the part o( the Pacific Ocean, incl'.isive of the Hehriiig Sea, which is situated to the north of the 3;)th degree of north latitude, and eastward of the 180th degree of longitude from Greenwich till it strikes the water boundary described in Article I of the Treaty of 1867 between the United States and Russia, and following that line up to Behring Straits. Article 3. During the period of tii \c and in the waters in wliich the fur-seal fishing is allowed, only sailing-vessels shall be permitted to carry on or take part in fur-seal fishing operations. They will, however, be at liberty to avail themselves of the use of such canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use as fishing boats. Article 4. Each sailing vessel arthorized to fish for fur-seals must be provided with a special licence issued for that purpose by its Government, and shall be required to carry a distinguishing flag to be prescribed by its Government. Article 5. The masters of the vessels engaged in fur-seal fishing shall enter accurately in their official log-book the date and place of each fur-seal fishing operation, and also the number and sex of the seals captured upon each day. These entries shall be communi- cated by each of the two Governments to the other at the end of each fishing season. Article 6. The use of nets, fire-arms, and explosives shall be forbidden in the fur-seal fishing. This restriction shall not apply to shot guns svhen such fishing takes place outside of Behring's Sea during the season when it may be lawfully carried on. Article 7. The two Governments shall take measures to control the fitness of the men nuthorizcd to engage in fur-seal fishing. These men shall have been proved fit to handle with sufficient skill the weapons by means of which this fishing may be carried on. Article 8. Tiie Regulations contained in the preceding Articles shall not apply to Indians dwelling on the coasts of the territory of the United States or of Great Britain, and carrying on fur-seal fishing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles, oars, or sails, and iiKimit'd by not more than five persons each in the way hitherto practised by the Indians, provided such Indians are not in the enn)loyment of other persons, and provided tliut, when so hunting in canoes or undecked boats, they siiall not hunt fur-seals outside ol territorial waters under contract for the delivery of tlie skins to any person. This exemption shall not be construed to affect the municipal law of either country, liur shall it extend to the waters of Behring !?ea, or the waters of the Aleutian Passes. Nothing herein contained is intended to intcifcre with the employment of Indians as liuiitcrs or otherwise in connection with lur-sealiiiLr vessels as heretofore. Article U. The concurrent Ueuulations hereby determined witii a view to the protec- tion and preservation of the fur-seals, shall remain in lorce until they have been, in whole 01' in part, abolished or modified by common agreement between the Governments of the United States and of Great Britain. The said concurr»Mit Regulations shall be submitted every five years to a new exami- nation, so as to enable both interested Govermnents to consider whether, in the liglit of past experience, there is occasion for any moditieation thereof. And whereas the Government of Hei Britannic Majesty did submit to the Tribunal of Arbitration by Article VIII of the said Treaty certain questions of tact involved in the claims referred to in the said Article N'lll, and did also submit to us, the said Tribunal, a statement of the «aid facts, as follows, that is to say ;— ^ Im [628] 2 12 Findings of fact proposed by the Agent of Great Britain and agreed to as proved by (he Agent for the United States, and submitted to the Tribunal of Arbitration for iu consideration. " 1. That the severu' seaiclies and seizures, whether of ships or goods, and tlie several arrests of masters and crews, respectively mentioned in tiie Schedule to the British Case, pp. 1 to 60 inclusive, were made by the authority of the United States' Government. Tile questions as to the value of the said vessels or their contents, or either of them, and the (juestion as to whether the vessels mentioned in the Schedule to the British Case, or any of tiiem, were wholly or in part tiie actual property of citizens of the United States, have been withdrawn from, and have not been considered by the Tribunal, it being under- stood that it is open to tlie United States to raise these questions, or any of them, if tiiey think fit, in any luture negotiations as to tlie liability of tiie United States' Governn:ent to pay tiic amounts mentioned in the Schedule to the British Case. " 2. That the seizures aforesaid, with the exception of the ' Pathfinder,* seized at Neali Bay, were made in Beiiring Sea at the distances from shore mentioned in the Schedule annexed hereto marked (C). " 3. That tlie said several searches and seizures of vessels were made by public armed vessels of the United States, the Commanders of which had, at the several times when they were made, from the Executive Department of the Government of the United States, instructions, a copy of one of which is annexed hereto marked (A), and that the others were, in ail substantial respects, the same. That in all the instances in which proceedings were had in the District Courts of the United States resulting in condemnation, such jn'ocecdings were begun by the filing of libels, a copy of one of which is annexed hereto, marked (15), and that the libels in the other proceedings were in all substantial respects the same ; that the alleged acts or offences for which said several searches and seizures were made were in each case done or committed in Behring Sea at the distances from shore aforesaid ; and that in each case in which sentence of condemnation was passed, except in those cases when the vessels were released after condemnation, the seizure was adopted by the Government of the United States : and in those cases in which the vessels were released the seizure was made by tne authority of the United States; that the said fines and imprisonments were for alleged breaches of the municipal laws of the United States, which alleged breaches were wholly committed in Behring Sea at the distances from the shore aforesaid ; "4. That the several orders mentioned in the Schedule annexed hereto, and marked (C), warning vessels to leave or not to enter Behring Sea were made by public armed vessels of the United States, the Coninianders of which had, at the several times when they were given, like instructions as mentioned in finding IJ, and that the vessels so wained were engaged in sealing or prosecuting voyages for that purpose, and that such union was adopted by the Government of the United States ; " Ij. Tiiat the District Courts of the United States in which any proceedings were hud or taken for the purpose of condemning any vessel seized as mentioned in the Schedule to the Case of Great Britain, pp. I to (JO, inclusive, had all the jurisdiction and powers of Courts of Admiralty, including the prize jurisdiction, but that in each case the sentence pronounced by the Court was based upon the grounds set forth in the libel. "Annex (A). " Trcaaiuy Dipurtininl, (iffuc of the Sccntary, WashinijUm, '•ii\\; '■v/^.)-/L'l, 1880. " JiclVrriiii;' to ncpmiiiicnt letter (if tliis diite, (lireetiiii; voii id inocccil willi the I'evcniKi-sttMiiur ' i'lCiir,' miller yiuir eniimiiiiiil, tt 11. 1889 Ordered out of Behring Hea by " Rush" (?). As to position when warned. Blirk Diamond • i • ■ „ 11. 1889 35 miles ,, ,, .. .. Ditbt. Lily August 6, 1889 G6 miles ,. .. ,. .. Ditto. Ariel July .10, 1889 Ordered out of Behring Sea by " Rush." ; Kate.. Auguit 13, 1889 Ditto. Miiiilio .. .. .. July 15, 1889 65 miles ., ,, ,, ,, Ditto. Fathlinder .. .. March 27, 1890 Seized in Ncah Bay« Corwin. • Neah Bay h in the State of Washington, and the " Pathftndw " wu Niied there on ehuge* made against her in Behring Sea Is the pretiau'< yetr. She was reluaied two dayt later. I 'i'i'l ■ s i ii m And whereas the Government of Her Britiinnic Majesty did ask the said Arbitrators to find the said facts as set forth in the said statement, and whereas the Agent and Counsel for the United States' Government thereupon in our presence informed us that the said statement of facts was sustained by the evidence, and that they had agrped with the Agent and Counsel for Her Britannic Majesty that we, tiie Arbitrators, if we should titink tit so to do might find the said statement of facts to be true. Now, we, tlie said Arbitrators, do unanimously find the facts as set forth in the said statement to be true. * And whereas each and every question which has been considered by the Tribunal has been determined by a majority of all the Arbitrators; Now, we, Baron de Courcel, Lord Hannen, Mr. Justice Harlan, Sir John Thompson, Senator Morgan, the Marquis VisconU Vcnostu, and Mr. Gregers Gram, the respective minorities not withdrawing their votes, do declare this to be the final decision and Award in writinjj, of this Tribunal in accordance with the Treaty. Made in duplicate at Paris, and signed by us the 15th day of August, in the year 3. And we do certify this English version thereof to be true and accurate. (Signed) ALPH. DE COURCEL. JOHN M. HARLAN. JOHN T. MORGAN. HANNEN. JNO. S. D. THOMPSON. VISCONTI VENO£TA. G. GRAM. 1893. Inclosure 2. Declarations faites par le Tribunal iVArhitrage et presentees au.v Oouvernements des Etatn-Unis et de la Grande-Bretagne pour etre prises en consideration par ces Oouvernements. 1. LES Arbitres declarent que les Reglements coniiiiuns tels qu'ils sent etablis par Ic Tribunal d'Arbitrage. en vertu de rArticie VII du Traite du 29 Fevrier, 1892, n'etant applicables que sur la haute nier, devront, dans leur pens^e, etre complete's par d'autrcs Reglcments applicables dans les limites de la souverainet^ de chacune des deux Puissances interess^es et qui devront etre fixes par elles d'un comniun accord. 2. Vii r^tat critique auquel il parait constant que la race des phoques A fourrurc se trouve actuellement reduite par suite de circonstances incompletement dclaircies, les Arbitres croient devoir recommanHer aux deux Gouvernements de se concerter en vue d'interdire toute destruction des phoques a fourrure, tant sur terre quo sur mer, pendant une periode de deux oq trois ans, ou d'une annee au moins, sauf tcUes exceptions (jue les deux Gouvernements pourraicnt trouver a propos d'admettre. Si cette mesure donnait de bons resultats, elle pourrait ^tre appliqu^e de nouveau, a certains intcrvallcs, suivant les circonstances. 3. Les Arbitres declarent en outre que, dans leur pense'e, I'exe'cution des Roglemeiits t'tablis par le Tribunal d'Arbitrage devra etre assur^e par un ensemble de stipulations ct de mesurcs qu'il appartiendra aux deux Puissances d'arreter, et que le Tribunal doll sen remettre en cons(5quenee ^ ces deux Puissances pour rendre cffectifs les R^glements Etablis par lui. Fait ct signd k Paris, le 15 Aout, 1893. J'approuve les Declarations 1 et 3. J'approuve les Declarations 1 et 3. (Sign^) ALPH. DE COURCEL. JOHN j\L HARLAN. JOHN T. MOr.JAN. HANNEN. JNO. S D. THOMPSON. VISCONTI VENOSTA. G. GRAM. n de nouveai!, a 16 [English Version.] Declarations made by the Tribunal of Arbitration and referred to the Govcrnment/i of the United States and Great Britain for their consideration. 1. THE Arbitrators declare that the concurrent Regulations, as determined upon by the Tribunal of Arbitration, by virtue of Article VII of tbe Treaty of the 29tli February, 1892, being applicable to the high sea only, should, in their opinion, be supplemented by other Regulations applicable within the limits of the sovereignty of each of the two Powers interested and to be settled by their common agreement, 2. In view of the critical condition to which it anpears certain that the race of iur- seals is now reduced in consequence of circumstances not fully known, the Arbitrators think tit to recommend both Governments to come to an understanding in order to prohibit any killing of tur-seals;, either on land or at sea, for a period of two or three years, or at least one year, subject to such exceptions as the two Governments might think proper to admit of. Such a measure might be recurred to at occasional intervals if found beneficial. 3. Tlie Arbitrators declare moreover that, in their opinion, the carrying out of the Regulations determined upon by the Tribunal of Arbitration should be assured by a system of stipulations and measures to be enacted by the two Powers ; and that the Tribunal must, in consequence, leave it to the two Powers to decide upon the means for giving effect to the Regulations determined upon by it. We do certify this English version to be true and accurate and have signed the same at Paris, this 16th day of August, 1893. (Signed) I approve Declarations 1 and 3. I approve Declarations 1 and 3. ALPH. DE COURCEL. •JOHN M. HAllLAN. JOHN T. MORGAN. HANJSEN. .INC. S. D. THOMPSON. VISCONTI VENOSTA. G. GRAM. ■A. i-: ¥ V-\ «.'» rTii s i •^ i H 1—1 O CO W ts PROC v-v. ON TH * UNITED STATES. No. 11 (1893). II BEHRING SEA ARBITRATION. PA.PERS BELATIXO TO THE PROCEEDINGS OF THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER ARTICLE I OP THE TREATY CONCLUDED AT WASHINGTON ON THE 29th FEBRUARY, 1892, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. i» fc Hm \ .>'! nil; Presented to both Houses of Parlianmnt by Command of Her Majesty. fieptember 1893. m ■)<<=! LONDON: FEINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANE, PRINTIU IN ORDINABY TO HBR HAJIBTT. And to be pirchued, either directly or tlirough uiy BookuUer, from lYRB AMD SPOTTISWOODE, East HAnniND Strut, Flirt Striit, K.C , and 32, Abinodon Strkkt, Wi«tiiinstbr, S.W. t or JOHN MENZIES tsi Co., 12, llAKovrR Strikt, Edimrdrob, and 90, Wist Nilb Strut, Glasoow; or HODGES, FIGGIS, & Co., Limited, 104. GRArToif Striit, Dublin. i_.ro; r L^,,—- -- TABLE OF CONTKNTS. No. Nam*. Dute. HUBJICT. Pag. 1 To Mr. Tuppcr .. Feb. 17, 1883 Initriicti him to proreeil to Parii, and to attend firat meeting ol' Tribunal 9 >• 11 • • • • I7t Mr. Maiwell and Mr. Froude ham been appointed to aialat him . . 8 Mr. Tupprr . . , ^ 33, Baron de Courcel aiiggeula that Tribunal should (Telegraphic) adjourn till 6th April . . 4 To Mr. Tapper • • (T«lf graphic) 93, Approvca courae proposed in No. 8.. . S Mr. Tupp«r .. • • 21. Reports nrrirnl in Piiria .. 6 1* II •• • • • 91f Secrecy agrfpnient should not be prolonged bevond 23rd February Appointment of Mr. Williams aa Associate 7 The Marquii of DufTerin S3, Counsel of United States 8 Mr. Tuppcr , , . 93. Tribunal ailjrurned to 33rd March. Decision (Teleirraphir) to maintain secrecy until neit meeting 9 The Marquii of DuBerin " " .. 94, Report of proceedings at first meeting of Tribunal 10 Mr. Tupper .. .. 28, United States' OoTernment objected to adjourn- ment beyond 23rd March n » if »• .. 24, Incloses Protocol No. I . . . . la If •■ . . . . 94, Reports proceedings at first meeting .. 18 » If •• ,. 25, Enslish translation of first Protocol . . 14 fi »i •• .. 36, Purposes to return to London 9 15 To Mr. Tupper . . . . Mar. 1, ApproTes his proceedings . . 9 16 Mr. Tupper . . • • 3. Proposed arrangements respecting his staff in Paris 9 17 To Mr. Tupper • • •• 8. Approrea bis recommendations in No. 16. Mr. Pairholmeand Mr. Anderson will be sent, if their presence is required 10 IS Mr. Tupper .. * • • * 19. Reports arrival of Biitiah staff in Paris 10 19 II II • • 23. Tribunal has adjourned till 4th April. All {■MegrrfWic) proceedings to be public 10 10 >» It • • ■ • • > 28, Mr. Elliott's Report. Har aaked Mr. Foster to produce it . . . . . . 10 SI To Mr. Tupper • • • . 98, Mr. Piggott will proceed to Paris .. 11 aa Mr. Tupper .. • • • • 98, Correspondence respecting the admission of the Supplemrn iry Report of the British Com misaloner - . . 11 IS It ft •• ■•• •• 98. Mr. Fo-'tcr announces that be will move for re)ertion of certain claims for daniagea speci- fied in British Counter-Case .. 14 34 To Mr. Tupper • • •■ Apr. 8, Approves action reported in No. 23. . 14 35 Mr. Tupper .. • • •• 5. Tribunal has directed thst Mr. Elliott's Report should be regarded as before the Arbitrators. Question of claims in Counter- Case reserved for consideration. Mr. Plielps proposed rejection of Supplementary Report of British <. omniissioners. Arrangement for shorthand reporta IS 96 *t .f • • • ■ • • 6, Supplementary Report of British Commis sioners. Argument continued .. .. IS 97 II tf • • • • « • 7, Same argument continued.. .. .. 15 98 11 »f •• • • • ■ 9. Ditto .. .. .. . 16 39 H II . • • • •• 11. Shorthand Reports. Mr. Foster proposes to terminate the arrangement 16 30 If It • • • • • ■ 12, Supplementary Report of British Commis sioners, and claims in British Counter-Case. Decision of Tribunal . 17 81 II It •• • • • t 12. Shr.iii;;"!^ Reports. Proposes to proceed with them on i>--'h^!.' of Her Majesty's Govern- ment 19 88 ft It • • • • • • 18, Opening of case for the United Slates by Mr. Carter .. ., .. 19 33 To Mr. Tupper • • ■ • Ifi. Shorthand Reports. Approves proposed course 10 34 Mr. Tupper . . • • • • 14, Continuation of Mr. Carter's speech 20 85 i» II • • • • • ■ 16, Ditto 30 36 II ii • • • • •* 18, Incloses Protocol No. 3 . , SI 87 19 *f • • • • •• IB, Shorth.ind Reports. Mr. Foster's statement, eiplainingr his reasons for withdrawing from the arrangement . . . . 35 [691] SI s> S3 54 55 56 47 58 59 60 61 69 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 No. 38 Mr. 1 39 »* 40 l» 41 »l 42 11 43 >f 44 ft 45 n 46 It 47 ♦t 48 49 »i 50 tf Piitre ■nd to 1 bcfo 1 should 2 • 1 i • a olonged 3 to 10 10 10 10 11 u u 14 15 15 15 16 16 17 19 19 10 20 30 SI 35 TABU OV OOKTBimi. ffl No. Name. Dtt«. SutJICT. Page 38 Mr. Tupper •• Apr. SO, 1893 Cnntinuition i)f Mr. Carter'* ■prfch 26 39 ** II . . . • •• 91. Ditto 28 40 tl II • « • • I • 94, Ditto .. .< ., ., .. 16 41 M II • • > • ■ • Sft. Adiourninent till :2Dd May, owing to illneai o( Lord Hannrn , . . . . 26 43 41 n • • • • • • Miy 9, Inclimea Protocols Nini. 8, 4, and A .. .. 97 43 *« fi • • •• • • 3. Continuation of Mr. Cartrr's spereh 83 44 • t 11 • • • • • ■ 4, Comniencement of Mr. Condert's speech 32 45 n II • • • • ■ S, Continuation of Vlr. Condert's speech 3i 4< II ii • • ■ • • 6. Incloses Prnlocola Nos. 6, 7, 8, and 9 S3 47 f* • i • • • < • • 8, Mr, Elliott's Hi port. Incloses copies .. Continuation of Mr Condert's speech 37 48 pt II • • • • at 8, 37 49 *i II ■ • • • • • 10, Conclusion of Mr. Ciiudert s SjK-ech 37 50 ti II a • . • • . 11. Opnnln;f of tlie argument for Great Rritain by the Attorney- General . .. 38 51 i( II • • • • ■• >l, Incloses Protocols .\os. 10, 11. 12, 13, and 14 38 32 If |> t > ■ • • • 15, Continuation of the Attorney-General's speech Incloses Protocols Nns. 15, 16, 17. and IH ., 42 53 II II • • • • V3, 49 54 II It • • • • . . «4. Continuation of the Attorney- G < 45 55 It || ■ • • • • ■ 25. Dtio .. 45 56 •1 II • • • • • 2fi, Ditto .. .. .. 48 57 ToMr. Tupper 39. It nust be left tor him to decide in consultation (Telegraphic) with Counsel whether any claim for com- pensation shall lie pressed 46 58 Mr. Tupper .. SO. Continuation ot the Allorney-Oencrars spe>'rh 46 59 ToMr."Tupp«r 31, Arrangement concluded with Russia as rrgardii regulation of sealitig off Russian coasts and islands .. .. 46 60 To Oolonial Office 31. Claim for compensation. Instructions sent to Mr. Tupper (see No. 57) 47 61 Mr. Tupper .. 81. Coi.tinuation of the Attorney-General's speech 47 69 ti II • • • • • • June 1, Conclusion of the Atlomev-Cieneral's speech. He was followed by Sir K. Webster 47 63 II •• • • • • • • 2, Continuation of Sir K. Webster's speech 48 64 p II •• • • • • 3. Shorthand Reports. Further correspondenre with Mr. Foster 48 65 i» •l • • • • at 3. Correspondence with Mr. Foster oo the question of the ownership of sealing-vessels 49 66 »> 11 •• •• • > 3. Incloses Protocols Nos. 19, 20, 21, 22, ond 23 50 67 II If • • • • • • 6. Continuation of Sir R. Webster's speech 54 68 If ■ 1 •• • • • . 7. M. Gram's stslement as to the rules concerning territorial water* in Sweden and Norway. Ct.iiinuntion of Sir R. Webster's speech 54 69 i» • 1 • • • • • • 8, Conclusion of .'>ir R. Webster's speech. Mr. Robinson fidlnwed him ,. ., 89 70 i» n •• • • •• 9. Conclusion of Mr. Knblnson's argument. A statement of the Regulations required pre- sented by Mr. Faster. Commencement ot (.ppech liy the Attorney-General on the question of Regulations. . . . 86 71 i» Vf • • • • «• 13, Continuation of the Attorney-General's speech 56 72 II •1 • • • • • * 14, Ditto. He was followed by' Sir R. Webster .. 67 73 It ■1 .. •• •• 15, (Continuation of Sir R. Webster's speech 87 74 II •I • > • ■ • > 16, Ditto.. 88 75 » II • • • • • 1«. .Mr. GofTs Report from Pribyloff Islands. Mr. Foster has no copies, and does not consider that he is bound to produce it .. ., 68 76 II n • ■ •• • • 20, Continuation of Sir R. Webster's speech 89 77 i» II • • •• • • 21, Sir H. Webster concluded his speech, and sub- mitted a draft Scheme of Regulations. .Mr. Tupper read a document setting forth the 6iidini!s of fact with regard to the seizures. .Mr. Robinson commenced his speech 89 78 II II • • • • • • 20, Incloses Protocols Nos. 24,25,26,27, 23,and29 62 79 •1 II • . • • • > 22, Has dispensed with services of Mr. Macoun and Mr. Bci 66 80 II tt •• •• •• 22, Correspondence respecting Russian seizures of British sealers has been handed in to the Tribunal. Mr. Robinton continued his f peech 67 81 ti II • • • • • • 23. Commencement of Mr. Phelps' speech 67 82 fi It •• • • • • 93, Urges necessity for immediate return of the Attorney-tieuerul to Paris 68 83 ToMr. Tupper 97, Satisfaction at leport of Mr. Boz's services . 68 84 Mr. Tupper .. 27, Continuation of Mr. Phelps' speech . 68 8S f> II •• •• •• 28, Ditto.. .. .. 6j 8G i> II • • • • • • 99. Ditto.. 69 1-fl M :l ' TABLE OP CONTENTS. No. Nam*. Date. HUIJICT. IV 87 Mr. Tupper . . , . . . Jul; :<, t8!)3 Ciiniinuntiun of Mr. I'helps' upetch 6» 8N II II • • • • • • 4, Dilio .. ,. . .. 69 89 ■1 II . . • • »i Dido.. 70 8«bery to Mr. Tapper. (Telcgrapliic.) Forehjn Office, February 22, 1803. 'I'llE courso proposed l)y Baron do Courccl scorns to bo convenient. I approve the arrangement as stated in your telegram of to-day. No. 5. Mr, Tupper to the Earl oj Rosebcry. — {Received February 23.) My Lord, Paris, February 21, 1893. I ITAVE tlic honour to aclxuovvlcdge the receipt of your Lofdship's despatches of the 17th instant, containing instructions for my guidance at the first meeting of the Beliring Sea Arbitration Tribunal, and informing mo that Mr. K. P. Maxwell and Mr. Ashley Froude would accompany me to Paris. I have the honour to inform your Lordship that, in accordance with your instructions, T left London yesterday, and arrived here the same evening, accompanied by the above-mentioned gentlemen and my Private Secretary, Mr. J. Pv^pe. I have, &c. (Signed) CHARLES U. TUPi'ER. No. 6. Mr. Tapper to the Earl of Rosebery. — [Received February 23.) My Lord, Paris, February 21, 1893. I HAVE the honour to inform your Lordship that I called this morning at Uer Majesty's Embassy, accompanied by Mr. Maxwell, Mr. Froude, aiid my Secretary, Mr. Pope, and saw Mr. Austin Lee, from whom I obtained much useful information in connection with the meeting of the Tribunal of Arbitration. Finding that !Mr. William "Williams, tho Junior Counsel for the United States, was staying at the Hotel Continental, I called upon him, and learned that he had been delegated to represent Mr. Foster, the Agent of the United States, pending the latter gentleman's arrival in Paris. We then by arrangement made several olTieial visits together, and endeavoured to sec Biirou de Courcel, in order to make an appointment for the meeting of the Tribunal on Thursday. Ha-ing failed to find his Excellency at home, we have made an appointn^ent to call on him togetlier to-morrow morning, at 10 o'clock. Lord llannen and Mr. .Tustice Harlan have expressed their willingness to meet at any hour which may be agreeable to Baron de Courcel. I an of opinion, if your Lordship should see no objection, that the agreement as to the secrecy of tlie Cases and Counter-Cases should not be prolonged beyond the 23rd instant ; but that in regard to this question, as well as to that of opening the proceedings of the Tril)unal to the public, it would be advisable to dt''er to whatever opinion the Arbitrators may express on the subject. Mr. Williams has intimated to nic that liis Government desired tie publication of the Cases and C(ninter-Cases, and he considered that the agreement as to secrecy Avould terminate on the 23rd in .ant. I liarc, &c. (Signed) CHARLES 11. TUPPER. [691] B 2 iM I ■ '111 5 It No. 7. The Marquis of Duferin to the Earl of Rosehery. — {Received February 23.) My Lord, Paris, February 22, 1893. I HAVE the honour to transmit herewith copy of a letter which I have received from the Minister of the United States in Paris, informing me that Mr. William "Williams, Associate Counsel of the United States before the Tribunal of Arbitration convened to decide the questions of fur-seals, has been designated to act as Special Agent of the United States at the meeting of the Tribunal to be held on the 23rd instant. - . I have, &c. (Signed) DUFFERIN and AVA. Inclosure in No. 7. Mr, Coolidge to the Marquis of Duferin. My Lord, ' , February 21, 1893. I HAVE the honour to inform your Excellent,, tL >, iir. William Williams, Associate Counsel of the United States bcf'-re the Tribunid of Arbitration convened to decide the question of fur-seals, has been aosignated to act as Special Agent of tbo United States at the meeting of the Tribunal on the 23rd instant. I have, &c. (Signed) J. JEFFERSON COOLIDGE. No. 8. Mr. Tupper to the Earl of Rosebery. — {Beceived February 23.) (Telegraphic.) Paris, February S", 1.8«)3, 6 p.m. THE Tribunal has decided to adjourn until the 23rd M- ;• -h '.he further adjournment referred to in my telegram of yesterday not hav. ! pt»>T, agreed to by the Government of the United States, With regard to the publication of the Cases and Ccunter-Civ •■;.. Tribunal decided tliat the matter did not come under their consideration ; and I u. erstind that it is the intention of the United States' Government to publish these docurucuts. No. 9. The Marquii of Duferin to the Earl :)f Rosehery,-'{Receiv, ^^ February 25.) My Lord, _ Paru-, ' ; ^v a-'V 24-, 1893. THE Behring Sea Arbitration Tribunal add its first meet. . ycpteiday at the Ministry of Foreign Affairs. It was attended by flaron de Courcel, the French Arbi- trator (who was requested by his cnilca^.ics to act as President for the oi^oasion), by Lord Hanucn, the British A.'bitn!t">i', uu(i Mr, Justice Harlan, the United States' Arbitrator, as well as by the Il'mourabl'j >.' H. Tupper, the British Agent, and Mr. W. Williams, acting aa Agerv for the bailed States in the place of Mr. Foser, •who has not yet arrived. No Counsel were present on bolialf of tlic UnitoJ States, but Sir Cliarles Russoll and Sir Richard Webster attended as Counsel on belinlf of Great Britain. On the proposal of the United States' Aeting Agent, supported by the British Agent, the Tribunal adjourned till the 23ri' Mareh, and it was agreed that, pending a decision to be taken by tlie full Tribunal, the proceedings should be kept secret. I took the opportunity of a ball at the filys^e in the evening to present Lord Eannen and Mr. Tupper to the President of the Eepublic. I nave, &c. (Signed) DUFFERIN and AVA. No. 10. Mr. Tupper to the Earl of Rosebery. — {Received February 27 >) My Lord, Paris, February 23, 1893. AFTER a conversation yesterday with Baron do Courccl and Mr. Williams, the Acting A^ent for the United States, I had the honour to inform your Lordship by telegraph Ihat a suggestion had been made by the former to the effect that the Tribunal of Arbitration should be adjourned till the 6th April, and the presentation of the printed arguments postponed till the 30th March. I duly received your Lordship's telegram of yesterday, informing me that you approved of this proposal. Mr. Williams, however, stated to me this morning that his Govern' lent huv* instructed him to object to the proposed postponement beyond the 23rd March, though, he added, it was probable that after the meeting on that date an adjournment might be desirable for a few days. No allusion wap therefore made to the question of an extended adjournment at the meeting of the Tribunal to-day. 1 have, &c. (Signed) CHARLES H. TUPPER. !i: ■J II, !«l ^■ 1» No. 11. Mr. Tupper to the Earl of Rosebery. — {Received February 27.) My Lord, ^ Paris, February 24, 1893. I HAVE the honour to transmit herewith to your Lordship a copy of the Protocol of the lirst meeting of the Behring Sea Tribunal of Arbitration, which was held at 11 o'clock yesterday morning at the French Ministry of Foreign Affairs. This Protocol, which is dra .vn up in the French language, was finally approved and signed by iu') three Arbitrators at an informal meeting hold this morning, and attended by the A.gents of oho two Governments in accordance with the request of the Tribunal. An English version ot the Protocol has been prepared, and will be signed to-morrow by Mr. Williams and myself. I have, &c. (Signed) CHARLES H. TUPPER. J t 6 Inclosure in No. Tl. Protocoles des Seances du Tribunal d' Arbitrage, constitue' en vertu de la Convention du 29 Fevrier, 1892, signe'e a Washington entre Ic Gouvernement des Etats-Unis et de So Majesty Britannique. Protocole I. — Stance du 23 Fe'vrier, 1893. LE Tribunal s'cst r^uni h Paris dans rH6tcl du Miniature des Affaires fitrangi^rcs de Prarioo- Lcs Arbitrcs presents dtaient : — L'Honorable John il. Harlan, Juge dc la Cour Supreme des £tats-Unis, un des Arbitres ddsignds par les fitats-Unis ; Son Excellence !e Baron Alphonse de Courcel, Senateur, Arbitrc ddsignd par la France; Lc Trds Honorable Lord Hanncn, Pair d'An^leterrc, siegant a la Cour Supiomc d'Appel, un des Arbitres ddsignds par la Grande-Brctagne ; Lesquels se sont assures que leurs pouvoirs respcctifs dtaient en bonne et valabic forme. M. le Baron de Courcel est invittS par ses dollfegues h prendre place au fauteuil dc la Pi'esidence pour la prdscnte seance. Assistent k la stance : — M. William Williams, en quality d'Agent Special et Conseil Adjoint pour Ics litcts-Unis, et L'Honorable Charles H. Tupper, en quality d'Agent dc Sa Majesty Britannique. MM. Williams et Tupper ont d(5pos6 sur le bureAu du Tribunal Arbitral les Commissions qui les accrdditent devant ie Tribunal. Assistent dgalement ft, la sdance, en qualltd de Conseils du Gouvernement Britannique : — Sir Charles Russell, Conseil de la Heine, Membre du Parlement, Attoriiey- Gendral do Sa Majostd Britannique ; Sir Eichard Webster, Conseil dc la Reinc, Membre du Parlement ; M. Christopher Robinson, Conseil de la Reinc. Lc President a invite M. Henry Peer, ancien Consul-Gendral dc Franco, i\ rddigor lc Protocole de la sdance, avoc le concours de MM. Williams et Tupper. M. Williams, agissant au nom du Gouvernement des Etats-Unis, demande que le Tribunal s'ajourne au 23 Mars. M. Tupper, au nom du Gouvernement Britannique, appuio la demande do M. Williams. Sir Charles Russell, Principal Conseil de la Grande-Bretagne, declare que les Conseils, quoiquc informds d'avancc de la demande qui devait 6tre prdsentee, ont tenu, par ddfcrence pour le Tribunal Arbitral, ft, se presenter a cettc premiere seauce, Lc Tribunal Arbitral, faisant droit a la demande, qui lui est adressde au nom des deux parties, ddcide de s'ajourner au 23 Mars. La question de la publication des Mdmoires et Contre-Mdmoires ayant dtd posec, les Arbitres ddclarent qu'elle n'est pas de leur compdtcnco. Quant i\ la publication du Protocole de la prdsente sdance, les Arbitres prdsciits ne se trouvant pas on norabrc suffisant pour prendre unc ddcision dc nature i\ lior ponr I'avonir le Tribunal Arbitral, ddclarent que jusqu'a nouvel ordre le Protocole dc la sdance du 23 Fdvrier demeurcra secret. Le Tribunal Arbitral s'ajourne au 23 Mars. ' ,' Ainsi fait h Paris, le 23 Fcrvrier, 1893, et ont signd : Lc Prdsident ALPH. DE COURCEL. L'Agent Spdcial des fitats-Unis . . WILLIAM WILLIAMS. L'Agcnt de la Grande-Bretagne . . CHARLES H. TUPPEK. Le Sccrdtaire H. FEER. [For translation, see Inclosure in No. 13.] ^r No. 12. ■■■-•■ Mr. ISipper to the Earl of Rosebery, — {Received February 27.) Jly Lord, Paris, Felmiary 24, 1893. TO supplement tho report of the procoodings of yesterday's meeting of the Tribunal, contained in tho Protocol which is inclosed in my immediately preceding I despatch, I have the honour to furnish your Lordship with the following account I of ^vhat took place. Baron do Courccl, having taken the Chair as President, stated that the object I of the Tribunal was to consider the propriety of commencing tho proceedings if I neither of tho Agents had any objection. If there were any objection or any proposal to make, such as tho question of an I adjournment, it shoulii como from tho Agents of the parties, and now was the time it 1 should be made. Mr. Williams thereupon made his proposal for an adjournment till the 23rd I Jlaich, to which I assented, and to which the Tribunal agreed. Sir Charles Russell then addressed the Tribunal as recorded in the Protocol. The President next requested the Agents to inform their respective Governments, I aud to cause the four Arbitrators who were not present to be advised, of tho decision I of the Tribunal in regard to tho adjournment. Ue added that the Arbitrators present not feel able, in tlie absence of their colleagues, to arrange for the appointment of I a Secretary or Secretaries, but that for the purposes of the present meeting the Protocol [would be prepared by M. Peer, formerly in the French Consular Service, with the I assistance of the Agents of both parties. The Protocols, he said, would be drawn up in French and English, French being I the language of the country in which the Tribunal was assembled, and English that I of the two nations who were interested in the Arbitration. Mr. "Williams then stated that the documents in the Case had up to the present [been kept secret, in accordance with an Agreement between the two Governments, [but that as neitlicr party saw any reason for further extending tho injunction of Isecrecy, he proposed that the Cases and Counter-Cases should become public property I forthwith unless the Arbitrators saw any objection. The President inquired whether I agreed to this proposal, and I replied in the I affirmative. The 'President, after consultation with his colleagues, then announced that the [publicity of the Cases, Counter-Cases, and Arguments was not a question on Avhich Ithe Tribunal had to enter. The Agents on either side should act in regard to it in |ivluitcver way they might judge to be the best. As to the proceedings before the Tribunal, he stated that they belonged to the llribimal itself, and that the Arbitrators present had no right to give them to the Ipublic. They must bo kept secret until the next meeting, when tho full Tribunal |\fould decide as to the proper course to be pui-sued. I have, &c. (Signed) CHARLES H. TUPPER. V II n No. 13. Mr. Tapper to the Earl of Rosebery. — {Received February 27.) |)[y Lord, Paris, February 25, 1893. I ^VITH reference to my first despatch of yesterday, I have the honour to transmit lioyour Lordship a copy of the English version of the Protocol of tho first meeting of Ihe ] 23rd March. The question of the publication ,^ the Cases and Counter-Cases having leon mentioned, the Arbitrators stated that it was not a subject for their consideration. In regard to the publication of the Protocol of this meeting, the Arbitrators present, finding themselves in insufficient number to give a decijion which would bind the Tribunal of Arbitration for the future, announced that the Protocol of the meotinu of the 23rd February should be kept secret until furtUer onlcrs. The Tribunal of Arbitration adjourned till the 23rd March. So done in Paris, the i'3rd February, 1893, and have signed : The President ALPH. DE COURCEL. The Special Agent for the United States. . WILLIAM WILLIAMS. The Agent for Great Britain . . . . CHARLES H. TUPPEll. The Secretary H. FEER. Translation certified to be accurate : (Signed) A. Bailly-Plancuakd H. CUNYNGHAMB, •'}co •Secretaries. ■f^"': : No. 34. Mr. Tupper to the Earl of Rosebenj. — {Received February 27.) :^^y Lonl, ^ Paris, February 25, 1893. I IIAV K the honour to iaforra vour Lordsliip that, the business ronnected Avith the first meeting of the lichring Sea Tribunal of Arbitration having been completed this iit'tcmoou, I purpose leavins^ Paris to-morrow on my return to London, accompanied by the gentlemen attached to the staff of the Agency. I liave, &c. (Signed) CUAULES H. TUPPER li i- l|i the United sty. the Gommis* lie Majesty's eneral ; hif France, to Villiams aud iked that tho ihe request name of the laving been deration, ators present, uld bind tho the meetinj; No. 15. The Earl of Rosebery to Mr. Tupper. Sir, Foreign Office, March 1, 1893. I HAVE received your despatch of the 24th ultimo, giving an account of MJiat took place at the first meeting in Paris of tlic Behriug Sea Arbitration Tribunal. Your proceedings on that occasion are approved by Her Majesty's Government. I am, &c. (Signed) llOSEBERY. No. 10. Mr, Tupper to the Earl of Jtosebery. — (Iteceived March 3.) Jly Lord, Foreign Office, March 3, 1893. DURING my rcceni visit to Paris occasion was taken to arrange for tho accommodation of the British Staff required for the presentation of the Case before tlic Tribunal of Arbitration. In addition to the four gentlemen engaged as Counsel, viz., the Attorney-General, Sir R. Webster, Mr. C. Robinson, aud Mr. Box, I respectfully suggest that the following should be attached to the Staff of tlie Agency: — Dr. G. M. Dawson, Mr. R. P. Maxwell, and Mr. G. F. Eairholme, of tiie Foreign Office ; ISIr. J. Anderson, of the Colonial Office; Mr. Ashley Froude; Mr. J. Pope, my Private Secretary; Mr. J. M. Macoun, Secretary to Dr. Dawson ; and Mr. Charles Russell, the solicitor engaged in the ease. I have ventured to include the name of Dr. Dawson, as he is an officer in the service of the Canadian Government, and perhaps the only officer at the disposal of Her Majesty's Government who can be said to be conversant with the life and Imbits of the fur-seal. His presence at Paris I believe to be necessary, and I do not contemplate objection being taken on the part of the United States to our availing ourselves of his knowledge. I do not propose, unless otherwise instructed by your Lordship, or unless occasion should arise after consiultation with Counsel, to ask Sir G. Baden-Powell to attend. In my opinion, his presence with Dr. Dawson might make it appear that tho IJritish Commissioners, who were appointed to make an impartial examination into seal life, were actively engaged in pressing the British Case bervj..e the Tribunal. This I do not think desirable. I learn that neither of the United States* Commissioners will be in Paris, though other officers of the United States familiar with seal life will be there. I have, &c. (Signed) CHARLES H. TUPPER. I I if a iiill B I Im ■' V : ill CG91J \>^ 10 No. 17. -. ^ The Earl of Rosebery to Mr. Tapper, Sir, Forelijii Office, March 8, 18!):J. IN reply to your (lospatch of tlic 3r.M. THE Tribunal has adjourned till 4th April. It was decided that all proceedings should he public forthwith, , No. 20. Mr, Tupper to the Earl of Rosebery.— (Received March 27.) My Lord, Paris, March 25, 180l\. IT will ho within your Lordship's recollection that on the 10th February last a Notice was addressed, at my request, by Sir Julian Pauncefotc to the Agent for tlio United States for copies of certain docu'ments quoted in the United States' Couutci- Case. Among these documents the Report of Mr. H. "VV. Elliott for the year 1890 was included. 11 iM , 18S):J. you that ployed ;is ;;oucy for Ijitmtioii, J. i'oi"'i tc, shoulil it should It; for the !cd ou the ifficc, that you may I stated hy I attend in EBEllY. 19, 1893. and arrived my rrivatc I, Dr. G. SL Paris last ^Fr. Postor informod mo, in liis note of tlio 10th Fehrnary, that the Government of tlio United Stativs did not feel tliat tlioy wore hound hy the Treaty to furuiah n copy of the Report, and tliat lie was therefore; unahle to comply witli my niquest. The matter appeared to nio of so M^real iniportaiiee, in eonseciueuce of the state- ments contained in tlie Report and of flie prominent position oe(Mipied hy Mr. Elliott on the question of seal life,* that, after consultatinu with ller .Majesty's Attorney- (reueral and the other Counsel eaL;ni,'e(l in tlie ease, [ addressed a letter to Afr. Foster, a copy of which is inclosed iuirewith, pressin;^ for tlie production of the Report. I have not yet received any reply to this leltcn". Should JCr. Foster's answer not prove satisfactory, I propose to instruct Counsel to apply to the Tribunal to order the docunicnt to bo produced. I have, &o. (Signed) CHARLES U. TUl'PER. : Inolosurc in No. 20. ; ' Mr. Tupper to Mr, Foster. Sir, Paris, March 23, 1893. IN reference to your letter of the lOtii l^ehrunry, 1893, in reply to my request for the production of the Report of ACr. 11. W, lilliott, prescMited pursuant to Act of Conujress, I desire to n;ive you notice that the (lovernmeut of tier l$ritamuc Majesty will insist on their right to its production. AVliile desirous to avoid, as far as jjossihle, contention on such matters before the Tribunal, I think it fair to give you notice that unless the Report, or a copy thereof, bo produced, our Counsel will, on the dtli April, apply to the Tribunal to order its production. [n the event of your not having the Rejiort, or a copy, in Paris, f u;ive you this early intimation in order that you may communicate witii tlie projjcr Department in "Washington, (Signed) I am, &e. CHARLES n. TUPPER. i|l>l 1 ! !'«tii No. 21. :UPPER. 5-10 P.M. [ proceedings The Euvl of Rosebery to Mr. Tupper. ' ' Sir, Foreign Office, March 28, 1893. I UNDERSTAND that, in consequence of the great mass of material which requires to be dealt witii in the pleadings before the Tribunal of Arliitratiou, the AttoriK^y-General and Sir R. Webster are desirous of having the services of Mr. P. T. Piggott, of the Middle Temple, who has already nnidi^red considerable assistance in the projiaration of the Argument presented on behalf of Her ^Majesty's Government. I have therefore arranged with the Lords Commissioners of Her Majesty's Treasury that Mr. Piggott should proceed forthwith to L'aris. Mr. L'iggott's position will be that of Secretary to the Attorney-General, from whom Uc will receive iustructioas as to the duties ou which ho shall be employed. 1 am, &c. ,•,-.-.- - (Signed) ROSEBERY. v: m : 25, 1893. |l)ruary last a I gent for the \cs' Counti'i'- ar 1890 was No. 22. Mr. Tapper to the Earl of Roseberij. — {Received March 29.) " ^^'"t My Lord, Paris, March 28, 1893. I HAVE the honour to transmit, for your Lordship's information, the aeeom- pauying copies of a correspondence which has passed between the United States' Agent [691] * See British Argument, pp, 147 et stg. 2 i ■ It; w and myself on tlic occasion of my liavinp I'm warded to the Arbitrators and to liim copies of the Supplementary Report of tlic British Commissioners.* Finding tliat Mr. Foster lias communicated to the Arbitrators a ropy of his ii(.((> to me jprotesting against the admission of the document, I have forwarded to them a copy of my reply. I have, &c. (Signed) CHARLES H. TUrPEll. Inclosure 1 in No. 22. Afr. Tuppcr to the Behring Sea Arhiiralors and Mr. Foster, THE Undersigned, Agent of Her Britannic ^Nfajesiy, a))pointed to adcnd flip Tribunal of Arbitration, has the honour to transmit hcrewitli to copies, in duplicate, of the " Supplementary Report of the British ComniissioiK i» appointed to inquire into Seal Life in Behring Sea," referred toon p. 1C() i) of llic Counter-Caso presented cm behalf of the Government of Her Britannic Majesty. Duplicate copies of this document have been forwarded to tbo Agent of (lie United States [each of the Arbitrators]. The Undersigned lias the honour to renew to the assurance, i^c. Paris, March 25, 1893. "." ■ '.. Inclosuro 2 in No. 22. r ' '~- Mr. Foster to Mr. Tupf^r. THE Undersigned, Agent of the United States before the Tribunal of Arbitration convened in accordance with the provisions of the Treaty between the United Stntes and Great Britain of the 29tb February, 1892, has the honour to acknowledge the recei])t, at 4-4i5 p.m. on yesterday (Sunday), the 26th instant, from the Hon. Charles U. Tupper, Her Britannic* Majesty's Agent, of a note, dated the 25th instant, staling that he transmits with said note copies, in du])licate, of the " Supplementary Report of the British Commissioners appointed to inquire into Seal Life in Ikhring Sea," and also stating that duplicate copies of the same document have l)een forwarded to each of the Arbitrators; and, further, to say that, in the envelope containing said note wore found two unbound printed documents. The Undersigned cannot refrain from expressing bis surprise that Her ^fajcsly's Agent has conceived himself authorized to lay a paper, presumably bearing on the merits of the controversy between the Governments of the United States and Great Britain, before the members of the Tribunal, at a time and in a manner not allowed by the Treaty. If the documents referred to may be thus submitted, llic Undersigned is unable to perceive that Her Majesty's Agent may not submit to the 'J'ribunal, at his pleasure, at any time, any paper containing evidence or other matter bearing iipon the merits of the controversy. He herewith returns the documents referred to without exanii- nation, and begs to apprise Her Majesty's Agent that he will immediately address the Arbitrators, protesting against the course Her Majesty's Agent has taken, and requesting them to disregard the document. He further gives notice to Her Majesty's Agent that the Tribunal of Arbitration will be moved, at its next session, that the document referred to bo dismissed fruin attention, and returned to Her Majesty's Agent. The Undersigned, &c. (Signed) JOHN "W. FOSTER. Paris, March 20, 1893. ( * Copies of this Report, witli oilier papers laid before the Tribunal, will be deposited in tlie Lilirar; of I'och House of Parliatntnl, '^ "'^I'-l nt, stating ivy l?oport Sea," and led to each note wore Ikfajcsly's ii; on the md Gioat lloAved by is unable pleasure, the merits )ut cxami- (ddress (lie aken, and rbit rati (111 issed frmn DSTEK. 13 IncloRiiro 3 in No. 22. Mr, Tapper to Mr. Foster. THE 'Undersi|»ned, Asjent of Her Brifannie ]\[ajosfy appointed to attend tho Tribunal of Arbitration convened under the jjrovisioiis (tf tlie Treiity eoneluded at Wasbintiiton on llic 2!)th r(d)ruary,'l892, has the honour to aekuo\vIi'd!,'e the reeeipt of tlie lion. .Tolin W. Foster's connnunieation of this day's date, and, in reply thereto, desires to stale that it is the view of Her ^fajesty's Government that the mode of procedure contemi)lated by the Treaty lias not been accurately followed. While all the material bearing on the whcde subjeet-matter in dispute intended to l)e used by citiu'V party was to be submitted to the other l)arty, that iiart of such niiiterial wliieh bore only on the (|uestionof Uegulations — and j)articularly the lleport nr IJeports, joint or several, of the Commissioners of tho two countries— sliould have been, it is lielieved, kept distinct from that part which bore on the (piestionH of riij;ht, and that the latter should alone, in the Ik'st instance, have been submitted to the Arbitrators, the former, namely, that jiart relating to iiej^uiations, (uily when the contingency therefor arose, or, in other words, when the dcterininatiun of the ques- tions of exclusive rii,'ht had been arrived nt. It was upon this ])rineiple that the ori[;inal Case of Great Britain was framed, and this course would have been followed but for tlio objections raised by tho United States, as stated in Mr. Foster's letter to Mr. Herbert of tiie 27th .September, 1892. In deference to those re})rcsentatious, and in order to facilitate tlio prof^rcss of tho I Arbitration, Her JVIajesty's Government, while maintaining the justice of their con- tention, furnished to tho Government of the United Sti\t(>s and to tho Arbitrators the scpai-atc Keport of the British Commissioners and its Appendices, reserving at the same time their rights, as stated in Lord Bosebery's despatch to Mr. Herbert of the 1 13th October, 18U2. The Government of the United States, in presenting to the Arbitrators with their I original Case the separate lleport of the United States' Commissioners, had, in the opinion of Her Majesty's Government, departed from the mode of procedure con- templated by tho Treaty. It was in pursuance of the understanding contained in the correspondence above referred to that Her ^Majesty's Government furnished to tho Agent of tho United States and to the Arbitrators the Sup))leinentary lleport of the I British Commissioners which was referred to on p. 1(5(5 d of the British Counter-Case. At the proper time Her Majesty's Government will submit to the Arbitrators I that they are entitled to use this Supplementary lleport, and they are quite willing lllmt copies should remain in tho hands of the llepresentatives of the United States [without prejudice to any objection they may desire to raise. The Government of Her Britannic Slajesty believe that the Arbitrators will I desire to have at their disposal any trustworthy information which may assist them I upon the questions referred to them for deeisirin. If, as the Undersigned understand^, a communication on this subject has been laddrcssed by Mr. Foster to the Arbitrators, Her ^lajesty's Government will forward |to them a copy of Mr. Foster's note of the 27tb instant, and of this reply thereto. The Undersigned, &c. (Signed) CHARLES H. TUPPEll. Paris, March 27, 1803. le Lilirary of Inclosiu'C t in No. 22. A/r. Tapper to the Behriiiij Sect Arhitrahi'S. T?HE tJndersigneu, Agent of Her Britatmic Majesty appointed to attend thd |Tril)unal of Arbitration, has the honour to inclose, for tiie information of , la cojiy of a note which he has addressed to the Agent of tho United States in reply to la protest received from him against the presentation of the Supplementary Report of llho British Beliriug Sea Commissioners which was forwarded to |oQ tho 25th instant. Tho Undersigned has the honour to renew to the |i«surance, &c. Paris, March 27, 1893. fl ■:l' II' I' If 11" 1:1 :-! 14 No. 2:^ Mr, Tupjier In the Karl of liosrbrrji,— (Received .\f(iicli \M).) My Tiorrl, T FIAVEtliolinnon till! made Paris, March 2f<, 180' T FIAVF, tlio linnoiir fn innsmit to your Tifml«r tlw riiitcd States, iuloniiiiif? iiio llial amotion will he ...adc on belialf of tli<' IJiiitml States' CJovcriuncut at tlio mci'tin;? of tii(> Tribunal on tlio Itli |»roximo for tlic rcjoction of eortaiu claims for damages sppcitic' "" ' Coimlcr-Cnso of |[or Majesty's (lovernmont. I in tile I linvo acknowlcdtj'od the receipt of ]\tr. I"\)ster's eommunication. I Imvo, &c. (Signed) CIIAWLES II. TUITEl Inclosurc in No. 2''^. Mr. Foster to Mr. Tapper. THE Undersigned, Agent of the United States before the Tribunal of Arbitration convened at I'aris, has the honour to give notice to the Agent of Her liritaiiiiiu Majesty, that, at tho next meeting of the Tribunal of Arbitration, a motion will Im made on tho part of tho United States to dismiss from the iVrbitralion so much ol' tin; demand of tho Government of Great Jlritain as relates to the sum stated ujwn p. HI.') of tho Counter-Case of said (iovernment to have been incurred on account of (wpeusw in connection with proceedings before the Supreme Court of the United States; And also to dismiss from said Arbitration the claim and roijuest of the suiio Government, mentioned in said p. 315, that the Arbitrators lind what catch or eatelics might have been taken by pelagic sealers in Behring Sea without undue diminiilimi of tho herd during the pendency of the Arbitration ; And also to dismiss from the Arbitration the m of the same Government, mentioned on the same page, 315, to show payn: by it to Canadian owners of sealing-schooners ; And that nil proof-, or evidences relating to tho foregoing claims or matters, or either of thorn, bo stricken from the British Counter-Case, and, in particular, tliojo found on pp. 215 to 229, inclusive, of vol. ii of Appendix to said Counter-Case. The ground of the foregoing motion or motions is that the claims and mattcr.s aforesaid are, and each of them is, presented for tho first time in the Counter-Case of the Government of Great Britain, and that they are not, nor is either of tlieni, pertinent or relevant by way of reply to the Case of the United States, or to anytliini; contained therein, cxc'spt so far as tho same may tend to support claims for dain;iL,Ts distinctly made in the original Case of tho Government of Great Britain, and that, so far as they come under that head, the matters arc irregular as being cumulative onlv. The Undersigned, &c. (Signed) JOHN W. EOSTEll. Paris, March 28, 1893. No. 21. The Earl of liosebery to Mr. Tapper. Sir, Foreiijn Office, April 3, 1S!);>, 1 HAVE received your despatch of the 28th ultimo, inch)sing correspond- cnc(! which lias passed between the United States' Agent and y(mrself, on tin' occasion of your having forwarded to him and to the Arbitrators, copies of the Su|>|)i('- raentary Keport of the British Commissionci-s. The action taken by you in this matter is approved by Her Majesty's Govern- ment. 1 am, &c. ' -■ • (Sii^ned) ItOSEBEllV. Slates attain 15 No. 23. Mr. Tiipjirr In the J'Jurl of Rosrbvrii,— {lircelrrd .tprll 7.) jr.v Lord, Paris, April R, 180.1. 1 IIAVl'l the honour lo rcjjorf to jour Ii0^1^lli|», tliat at, tli(> incctiui,' ol' llm Tribunal held yesterday the |in)eeediiii,'s Mere opened liy an applieation niadi.' by llin ,\t!orney-(Jeneral. in tlie name ol' Her Majesty's (Jovernnient, Tor the production of tlie IJeport hy .Mr. 11. AV. Kliiott, on seal life. Hir Itiehard U'ehster supported tlie applieation, and \\;is f(dh)\ved on tlie si(U' ol' the United States hy Mr. l'lieli)s and Mr. Carter. The IJepresentntives of the Vnited States denied that Ifer Majesty's (lovernment were entitled unihu' the Treaty to any order hy the Trihinial for the production of the (loenment as n matter of rii,'lit ; hut, they stated, they were willing to waive their viu;ht of ohj(M'tion, aiul to furnish n copy for such use, as evidence, as the Tribunal mi2:ht allow The Tribunal llnally directed that the doeunicnt should I)e regarded as before tlio Tribunnl, to be made such use of as the Tribunal should see tit. The question of the rejection of certain claims for damages, put forward in the Uiitisli Counter-Case, referred to in my despatch of the 2Hth ultimo, was then raised liy the United States' Representatives, and the Tribunal decided that the matter should staiul over for future consideration. Mr. Phelps then proceeded to propose the rei(>ction of the Supplementary lleport of tlio British Commissioners in accordance with Mr. Foster's notice, of which I forwarded n copy to your Lordship in my despatch of the 28tli ultimo. The argument of the United States' Counsel on this point liad not concluded when the Tribunal adjourned. I have the honour to transmit to your Lordship herewith a rough proof of the transcript of the sliort-hand notes of tlio proceedings, of which the above is a brief summary.^' It has heen arranged that these rough proofs, wliich arc to bo furnished on the morning after each meeting to both sides, as Avell as to the Tribunal, shall be corrected aiul issued in a final shape at the close of eacli week's ])rocen taken to overcome the difficulties which are inevitable on the first occasion of a paper of this nature, being produced under great i)ressure, and in a foreign language. I have, Sec. (Signed) CIIAELES E. TUPPER. No. 26. Mr. Tupper to the Earl of Rosebery. — (Received April 8.) My Lord, Pari.v, April 1893. AT the meeting of the Tribunal held yesterday, the argument of the United Sliitcs against the admission of the Supplementary lleportof the British Commissioners w:is continued by Mr. Phelps. The Attorney-General replied on behalf of Great Britain, and had not fiuishcd his speech when the Tribunal rose. I have, &c. (Signed) CHARLES H. TUPPER. No. 27. Mr. Tupper to the Earl of Rosebery. — (Received April 8.) I My Lord, Paris, Ar I 7, 1893. AT the meeting of the Tribunal yesterday, the discussion with regard to the I admission of the Supplementary Report of the British Commissioners was continued I by Sir Charles Russell, who, at the close of his speech, was complimented by the I'ri'sident on the lucid manner in wliich he had stated his argument. * Full aets of the corrected sliort-hand notes, which cover in all 3,336 pages (folio) of print, will be I deposited in the Library of each House of Parliament. I , ; !'»il 1 nil 16 Mr. Carter followed on tlio part of the United States, aud had not concluded wlicii the hour of adjournracut arrived. The discussion of this (question will, in all probability, bo torminatcd at tiiu meeting to-morrow. I have, &c. (Signed) CilARLES 11. TUPPER. No. 28. Mr. Tapper to the Earl of Roseherij. — [Received April 11.) My Lord, Paris, April 9, 1893. Ar the meeting of tbo Tribunal on th(« 7tli instant, Mr. Carter concluded liis ar£»ument with regard to liie admission of the Supplementary ll(>port of the British Commissioners, and after a discussion between Counsel on both sides as to the bearin;^' of certain ])ortions of the diplomatic correspondence on the interpretation of tlio Treaty, the Tribunal ad'.ourned till AA'edncsday next, tlie 12th instant. "'' President stated that tho Arbitrators would hold a private meeting oc Tuesu^/. I have, &c. (Signed) CHARLES H. TUPPER. No. 29. Mr. Tupper to the Earl of Rosebery. — {Received April 13.) My Lord, Paris, April 11, 1S93. SHORTLY after my arrival here ^[r. Foster assented to a tentative arrangement f ii it the proceedings before tne Tribunal should be reported by a London Hrm of short land writers employed by botii parties, and that printed copies of tiio transcript should be supplied on tho morning after each meeting to eacli party and to tho merabers of the Tribunal. Y(nu- Lordship lias been supjdied with rough proofs of these reports, and notwitii. standing the jniutor's errors, inevitable under the circumstances, it was considered i)y tho British Counsel and inysel'' that tlieso proofs, which liave shown consideral)l'c improvement since the beginning, were not wliolly unsatisfactory. The arrangement was made with the approval of tiie Tribunal, and the President stated, at a recent meeting, that the reports furnished had l)ccn found useful by the Arbitrators. Mr. Poster, howevei", in a letter of Avhich I have the honour to inclose a co])y, Iins expressed his dissatisfaction at the workiisg of tho arrangement, and suggests that il should be terminated. I have, after consultation wilii Counsel, addressed !o Mr. Foster the reply, tors the argnMient'; of Counsel early on tin; day following their delivery, has in great measure fail(Ml. Tho Counsel of the United States find tlic reports of Iheir i.^"guments, as priiit(>d, so far froui correct as to make it in great measure useless, ajid the burden imposed upon tiiem of revision is an intolerable tax | upon thoir time, and this of itself is a sufficici't reason to make it desirable tlint the piesciit arrangement be abamloaed. wm Qcludod wlicu iuutcd at tho TUPPEU. pril 9, 1893. concluded liis of the British to tho bcaviiii; ctatiou of tlio c mcctinff oc [. TUPPER. Ipril 11, 1893. vc arrangement London firm of ff tbo transcript rty ind to tlic s, and notwith. as considered by n cousiderahlc id the President id useful by the d ise a copy, has suggests that ii r the reply, (if )rovo my action 17 Up to the pvesent writing we have not received from your side the Qret reading of tho unrcviscd proof of either the first or any other succeeding day After it is received wo. sliall have numerous corrections of our own to make before it g03s to tho printer. It is therefore plain that the revised proof will not be ready to lay before thj Arbitrators until they have considered in secret session, and possibly decided, the motion upon which the arguments have been made. I do not wish ro impute nogleet or inefficiency to any one. I merely state that tho system which we attempted with some misgivings has proved entire!/ unsatis- factory, and liou'.d be aliandoned. I have, therefore, to propose tiiat we at once give notiire to the firm of sliort-hand reporters and the printers tliat tlic effort at further joint reporting come to au end ; tliat wo perfect and print the proccedinc's of tho ])ast week; that we sittle with the short-hand firm and printers on mutually satisfactory terms; and that any further reporting will be left to each Ag.mt to be done in sueli manner as he shall see fit for the convenience of the respective Counsel. Very trulv, &e. (Signed) * JOHN W. FOSTER. Inclosurc 2 in No. 29. Mr, Tapper to Mr. Foster. Dear Mr. Foster, Paris, April 11, ]893. I BEG to acknowledge the receipt of your letter of the 10th April. I regret the determination you have reached respecting the daily reports of tlie Arbitration proceedings. I trust you will give this subject reconsideration. I am glad to observe that you make no complaint regarding the actual short-hand writing. Messrs. Cheror, Bennet, and Co.'s reporting is, I believe, considered as pei'fect as it is possible to procure anywhere. Their transcripts, I am informed, are invariably used in all the English Law Coiu-ts. The correct printing of these transcripts is, iherefore, alone concerned. In my opinion, considering the diflercnce of language and the very great pressure of time, the work already done does Messrs. Chamerot et Cie. credit. These gentlemen cannot yet be said to have had a fair trial. From the marked improvement shown in each succeeding day, I am led to hope that in a very few days the reports will be quite satisfactory. Touching the burden of the conoction of proof, up to the present time it has not been found necessary to ask the British Counsel to revise their speeches at all. The corrections, which are ])rincipally typographical and grammatical, have been readily made by one of our stall" who heard the argument. If this work becomes too heavy to be executed in the short time availai)le, the object in view would be well worth the expense of employing a special reader. The British Government attach great importance to an accurate verbatim record of the actual arguments used, and, in view of their value to the Tribunal and their obvious utility, I trust you may yet see your way to continue the present arrangement. Yours very truly, (Signed) CHilRLES H. TUPPER. 1 l:ri) » ■ if -:j * !*! IT. TUPPER. No. 30. Im ipril 10, 1893. past week in tlio tho Tribunal dE »-, namely, to lay following tlu'ir States lind tlic lake it in great n intolerable tax csirable that the Mr. Tupper to the Earl of Rosehery. — {Received April 13.) My Lord, Peris, April 12, 1893. I HAVE tho honour to report to your Lordship that at tho meeting of the Tribunal this morning the President announced the decisions of tho Arbitrators on the questions of the admission of the Supplementary Report of tho British Commis- sioners, and of the consideration of the proposal of tho United States that certain claims put forward in the Counter-Case of Great Britain should be struck out. I have the honour to inclose copies of these decisions as delivered by the President in French. An English translation was afterwards read by him. Your Lordship will observe that with regard to the Supplementary Report of the British Commissionei's, the IVibunal has decided .it it shall not be admitted for [6911 » : I 18 the present. Full liberty is, liowcver, reserved to the Ecpresentativcs of Great Britain to make use of the document in oral arijument slioi'ld they see fit to do so. The question of the admissibility of the Appendices to the Supplementary Report is reserved for further examination without prejudice to the rights of the parties to discuss the matter and to refer to the documents in t)ic course of oral argument. With regard to the proposal of the United States to strike out certain claims included in the British Counter-Case, the Tribunal has decided to postpone the consideration of the question until such time as it may see fit. (Signed) ' CHARLES H. TUPPER. "■i . Inclosure 1 in No. 30. Decision of Tribunal. LE Tribunal decide de no pas recevoir, quant a pr^ent, le document intitul6 : " Eapport Supplementaire des Commissaircs de la Grande-Bretagne dans la Mer do Behring," dat6 du 31 Janvier, 1893, et signe de George Baden-Powell et George M. Dawson, lequcl c 6t6 rcmis aux Arbitres indlviduellement par I'Agent de la Grande- Bretagne lo 25 Mars, 1893, et contient une critique des moyens de preuve produits dans les pi<^ces et documents precodemment remis aux Arbitres, ou une nrgumentation portant sur les dits moyens de preuve. Toute libertd demenre n(^anmoiiw reservde aux Reprdsentants de la partie intcressde de s'approprier le dit document, date du 31 Janvier, 1893, pour I'incorjjorer i\ leuv plnidoirio, s'ils lo jiigent convenable. La question de Tadmissibilite des pit^ces. ru do quelqu'uiic d'outre dies, formant Annexes au dit document du 31 Janvier, T^93, est roservcvi a un examen ulterieur, sans prejudice du droit pour les Reprdseulants des deux parties de discuter la question dont il s'agit, ainsi qixe le contenu des dites Annexes au cours de lours ^laidoli'ies. (Translation.) IT is ordered that the document e titled a " Supplementary Report of the British Behring Sea Commissioners," dated tl o 31st January, 1893, and signed by George Baden-Powell and George M. Dawson, , nd delivered to the individual A rbitratovs by the Agent of Her Britannic Majesty on the 25tli day of March, 1893, and wliicli contains a criticism of, or argument upon, the evidene" in the documents and papers previously delivered to the Arbitrators, be uot now received, with liberty, liowever, to Counsel to adopt sucli document, dated the 31st Jaiuiary, 1893, as part of their oral argument, if they deem proper. The question as to the aclmissil)ility of the documents, or any of them, constituting the Appendices attached to the said document ol' the 31st Janua/y, 1893, is reserved for further consideration, witliout prejudice of tlio right of Counsel, ou either side, to discuss tliat question, or the contents of tlie Appendices, in the course of the oral argument. Inclosure 2 in No. 30. Decision of Tribunal. LE Tribunal decide qu'il diflerern, jusqu'n tel moment qui sera par lui ultoriemv- ment indiqne, d'entendro i)laider ou de prendre en consid(^'ration la motion prf'^senU'c le 4 Avril, 1893, par les J-itats-Unis d'Araerique, tendant a la radiation do certains passages faisant partie du Contre-Memoire et des moyens do preuve du Gouverneiuent de la Grande-Bretagne. (Translation.) IT is ordered that the argument and consideration of the motion made by tlic United States of America on the 4th day of April, 1893, to strike out certain *])ai'ts of the Coimter-Case and proofs of the Government of Great Britain, be postponed until such time as may be hereafter indicated by the Tribunal. !t M reat Britain tary Report ic parties to nient. rtain claims Dstpone tho CUPPER. ont intitul6: ns la Mcr do ;t George ^I. le la Gramlc- Hive produits Tgumentation . reservde aux snt, date du iveivablc. La nant Anuexcs ilterieur, sans question dont rles. of the Britisli led by Geovgi" Arbitrators by 3, and which ts and papers |ty, however, to t of their oral he documents, document of rejudice of the oiitents of the lui ultericuro- lotion pr(^scii(c'e lion do certains Gouvernenu'ut in made by the it certain parts 1, be postponed to ^ No. 31. Mr. Tupper to the Earl of liosebery.-— {Received April 14.) lly Lord, Paris, April 12, 1893. WITH reference to my despatch of yesterday, I liav(> tlie lionour to transmit to your Lordship a copy of a letter from Sir. Foster, informing me that he adheres to liis proposal for the abandonment of the joint shortliaud reports of tho proceedings before tlie Tribunal. It appears very dosirablo that full reports of tiie speeches on both sides should exist. I thcrcl'ore propose, after consultation with Counsel, to coutinue to employ tho shorthand writers and printers on behalf of Her Majesty's Government, and to supply tl)o members of tlie Tril)unal with copies as usual. In forwarding those copies to tlio Arbitrators I shall explain to them that the United States' Agent lias Avithdrawn from tho arrang(>mont, that the speeches of the Biitish Counsel will be revised by tiic British Agent, and that in order as fa as possible to insure the accuracy of the rep jrts of the speeches of the United States' Counsel, they will be carefully read over against the original notes in shorthand. I trust your Lordship will approve of my action in this matter. I have, &c. (Signed) CHAllLES H. TUPPER. Inclosuro in No. 31. Mr. Foster to Mr. Tupper. Dear Mr. Tupper, Paris, April 12, 1893. YOUll letter of the 11th instant respecting the shorthand reports has he i received and duly considered. After again submitting the subject to the Counsel of the United States and taking their views thereon, 1 regref to say that I am constrained to udlierc to the proposal contained in my letter of tlu luth instant. N'ery trulv, (Signed) JOHN W. FOSTER. No. ;J2, Mr. Tupppr lo llie Earl of Itosebt ii,-~{Keceiveil April ll.) My liord. Peris, Ajtril 13, 1893. AT the meeting of yesterday, the President opened the suiiii;,' i)y announcing llie decisions of the Tribunal on tho two questions wliieli were brought before it last week. I have already forwarded copies of these dot isions to your Lordship in my despatch of yesterday.* In accordance with the arrangement agreed upon between the Counsel on both sides, which was explained to the Tribunal by Sir Charles Uuv '1, as reported at p. 195 of the shorthand notes, Mr. Carter proceeded to open ihe on behalf of the United States' Government. He commenced by stating that he wo\ild lay before the Tribunal a sketch of the controversy from the lieginning, before entering upon a discussion of the particular (juestions which had arisen. Mr. Carter had brought liis exhaustive summary of the various steps of tho controversy down to the ne>^)tiations in January 1890, when the hour of adjournment arrived. I have, &c. (Signed) CHAULES U. TUPPER. , ill ^ [691] • No. 30. D 2 ,-,.. 20 No. 33. The Earl of Mosebery to Mr. Tapper. Sir, Foreigp Office, April 15, 1803. I HAVE received your despatches of the 11th and 12th instant, relative to the proposal made hy Mr. Foster that the arrangemen ' for joint shorthand reports of the proceedings hefore the Bnhring Sea Arbitmtion Tribunal shall be abandoned. In reply, I have to express to you my approval of the view you have taken of this matter, and of the course you propose to pursue in continuing to employ the shorthand writers and ])rinters on behalf of ller Majesty's Government. I shall 1)0 glad to receive from you an estimate of the cost of the staff of reporters, and of printing the reports. I am, &c. (Signed) ROSEBERY. No. 31. Mr. Tapper to the Earl of Rosebery. — {Received April 15.) My Lord, Parts, April U, 1893. AT the meeting of yesterday, Mr. Carter continued his preliminary sketch of the various steps in the negotiations,* and brought this part of his address to a conclusion shortly before the hour of adjournment arrived. While generally confining himself to a recital or summary of the various documents, he made some remarks and criticisms on the arguments contained in some of the more important despatches. Ilaving concluded his preliminary sketch, ]Mr. Carter then proceeded to address tlic Tribunal on th? law Avhich should govern it in its deliberations, and was only able to make bliglit progress in this branch of his subject before the Tribunal adjourned. I have, &c. (Signed) CHARLES H. TUPPER. No. 35. Mr. Tapper to the Earl of Rosebery. — (Received April 17.) My Lord, Paris, April 16, 1893. AT the m(!ctiiig of the 14th instant, Mr. Carter continued his observations on the law whicli should irovern the Tribunal in its decision. The knowledge of this law was, he said, to be dnrivod from the actual practice and usages of nations and from the law of nature, which latter he argued was best illustrated by municipal law. Having concluded this portion of his address, he entered upon the consideration of the rights claimed by Russia over the regions about Bchring Sea, and the rights which the United States might have derived from the Act of Cession of the territory of Alaska. The general purport of his argument was that Russia was intent on securing to her own subjects the valuable fur-seal industry, and tiiat by the Ukase of 1821, she did not claim the waters of tliose region* as mare claj.sum, but merely enacted a protective regulation for the purpose of preserving that industry. 1 have, &c. (Signed) CHARLES H. TUPPER. Tf^ 1 15, 1893. t, relative to ad reports of idoned. taken of this he shorthand f of reporters, )SEBEIIY. t7 14, 1893. sketch of the o a conclusion f the various ^nts contained proceeded to deliberations, jubject before TUPPER. ril 16, 1893. •vations on the f this law was, from the law consideration nd the rights )f the territory on securing to se of 1821, she rely enacted a . TUPPER. 21 No. 36. Mr. Tupper to the Earl of Bosebery. — {Received April 20.) My Lord, Paris, April 18, 1893. I HAVE the honour to transmit to your Lordship copies of the official Protocols of the first two meetings of the Arbitration Tribunal. A copy of the first Protocol has already been forwarded to your Lordship in my despatch of the 24th February, but the original and the official printed copies have only been issued this day. Some delay has occurred in the completion of these documents, OAring to deficiencies in the organization of the Secretariat of the Tribunal. The remaining Protocols will, however, be issued very shortly. I have retained the two original signed Protocols, of which the copies are tranamitted herewith. I have, &c. (Signed) CHARLES H. TUPPER. Inclosure in No. 86. Protocole No. 2.— Seance du Jeudi, 23 Mars, 1893. LE Tribunal s'eat rduni h Paris, comme il avait 6t6 convenu, ''.ans l'H6tel du Ministdre des Affaires fitrangdres de France. fitaient presents Ics sept membres du Tribunal Arbitral : L'Honorable John M. Harlan, Juge de la Cour Supreme des fitats-Unis, Et I'Honorable John T. Morgan, S6nateur des fitats-Unis, Arbities d^sigads par les Etats-Unis ; Son Excellence le Baron Alphonse de Gourcel, S^nateur Fran9ais, Arbitre ddsignd par la France; Le Tr^s Honorable Lord Hanncn, Pair d'Angleterre, si^geant h la Cour Supreme d'Appel, JBt Sir John Thompson, Ministre de la Justice du Dominion de Canada, Arbitres dusign^s par la Grande-Bretagne ; Son Excellence le Marquis Emilio Visconti Venosta, S^nateur Italien, Arbitre design^ par I'ltalie, Et son Excellence M. Gregers Gram, Arbitre ddsign^ par la Su6de et Norv^ge. Jj'Honorablo John W. Foster et I'Honorable Charles H. Tupper, Ministre de la Marine et des Pdchcries du Dominion de Canada, assistent ii la stance comme Agents dos Gouvemements des fitats-Unis et de la Grande-Bretagne. Les membres du Tribunal Arbitral s'assurent que leurs pouvoirs respectifs sont en bonne et valable forme. Lord Hannen, Tun des Arbitres ddsignes par la Grande-Bretagne, se 16ve pour proposer que M. le Baron de Courcel, Arbitre d^signd par la France, soit pri6 par ses collogues do prendre la Presidence du Tribunal. L'Honorable J. Harlan, I'un des Arbitres d^sign^s par les Stats-Unis, appuie la proposition de Lord Hannen. Les autres mombrcs du Tribunal Arbitral ayant acquiesc6 h la proposition, M. le Baron do Courcel prend place au fautcuil do la Presidence et prononce les paroles suivantes : McBsieurs, Vous me faitcB bunoficicr do I'usago conrtois qui, dans les reunions d'un oaractire intemationeS, attribuo au Reprdsentant du pays oil elles ei^gent la Prisidence de leurs travaux. Jo vous an remercic pour mo» pays et pour moi-incine. Lorsque les Gouvemements de la Grande-Bretagne et ties £tats-Unis d'Amerique out d^ciJ^ &e terminer par les voles amiables d'un arbitrage le litige di\k anoien des pecheries de Behring, et lorsqu'ils ont choisi Paris pour si6gc du Tribunal Arbitral institud en vertu de leurs accords, ils ont fait k la France et & sa capitale un honneur iusigne. J'ose dire que Tune et I'autre en ^teieat dignea. ii: \ I i ' i; ■'! i' ii"' 22 M NuUo part nssurcment Vdits no hiuiriu/. troiivor riitiiicisplicro d'uu plus Kiucorc, tVuno pluR (•Luloureuse syrapatbio pour rrcuvre gi'iinck' ot bouno nue vuus »;tcs cbarfji's do jioursiiivro. A travLTH les chocs ot les dprouvcs qiriiifligu im^vitablomont a totm Ich lionimos la (biro rualiti' ilijs chdses, la Franco est demeuri'o uiio nation nbstinoniont idealist e: 1 1 into conoopt ion gom'reusola tduclio ct I'entraino; elle ost passioimuu pour la cause du progres dans rbunianite. Or quel but plus iiUy quel progris plua noble ot plus dignc do rochorclie quo la disparition gniduollc dcs rooouis a la force bi-utulo outre lea peuples do la terre? La procediiio arbitralo y visi-, ot clia({uo arbitrage nouvoau noua en rapproche, on t'ourniasant uno preuve do plus do la possibilitd niatoriello de eo qui, hier encore, n'apparaisaait ({uo comme un reve. II y a quolquea aiiuooa, les Arbitres couvoquea ii Geneve, par Tautorite paeitiqiio d'une sontciier que deux fi^rea et puisaautes nationa a'dtuioat ongagdea d'avauoo tk accepter, niettaient Leuroiise- inent fin h uno discusaiou qui aoaiblait n'avoir d'autre issue posaible que la guurro, L'arbitrago dc TAlabama fait dpoquo dans I'liistoire dos relationa internatioualea : on pout dire qu'il a r.ijouni rautique droit des gens, et qu'il lui a ouvert une 6ro nouvellc, avec la perspective d'uno uilion inddliniinont bienfaiaante. Les deux nationa qui se sont aoumises au verdict dc Oeueve, nialgiu des sacrifices qui. dans les premiers moments, out pu coiiter a I'une et u I'autrp, no so sont pas •■e])ontie8 i la longuo de leur appel k la force pureinent morale, puisqu'elles-memoa le renouvelKiit ujourd'bui, d'un commuu acc(jrd, duus des cu'oonstaiicos aualoguea. Lo proccs (pii va se plaidor (levant vous n'cst point de oeux, il ost vrai, qui, selon rappartiui', pouvaient diJchaincr lo redoutablo tl(Jau do la guerre. JIais, on dehors de celte oxtr('niiti'' I'atalr, ccmbien do nianx no causent point aux ppuplos un i ot'roidisseniont durable et la porsistoMcr dr sentiments nniers ! Conimo les individun, los nalions to doivont In cliiirito ; et lorsijue. ci'daiit au^ conseils de I'orgueil, ellcs nmn(iuont ii la loi providentiolle. ellos fc conihunnnit oilos-ni(}inos a bi. u dos soullVances. Si les conciliations do I'arbitrago navaiont d'autre ellet quo do los pr(.'sorvei' dc CO p(''ril, olios foraient encore aux peuples un bien incalculable, et serviraiont tros utilenioiit h fraterniti/ humaino. A'otre presence dans celte aallo, Messieurs, ost Ic plus ('loquent tdmoignagc du pris (jiii s'attache a la decision attondue do vous. L'Angloterre. do tout tonips si fdcondc en (.'uiiinats jtnisconsultes, les foats-Unin, lo (Canada, qui continnent ii lour tour, dans lo nouvcau niondo, uiic tradition dont Torigino atavi(mo doit Otrc cheroheo pout-etre eur notre vieux sol Norniand, out d('putc' ici des pors(mnage8 dont la science ct la rare p(M-spicacit('' ont l^^^'' i'prouv(!'os dans Ks hautes ot los plus dolicates fonctions de la nmgistrature, )U dans los discussion d'asscnd)I(os politiques renomm(;es pour lour pnidence, A vCttv d'eux, jo vois sit.'gor un liomnic d'l-'.ial. sage heritier de ''illustro Cavour, et dont la diplomatic Europeonne, aux conseils do hupullr il niauquo n'a pas cossi'' do regrottor la rotraito prdmatun'o ot volontaire. Uu autre do im^ collogues, venu du Nord Scandinavo, ot que sa r(!'putatiou a dcvauc(j ici, occupait naguoro daM^ - 1 patrio, I'un des postes los plus (Mevi's que puisse conlorer la juste confiaucc du Souverain do diiix koyaumes junieaux, dgalement jalonx de leur individualit(!'. A votre barre so pn'sontont, au noni dos deux (irandos Puissances qui vous out reniis ].■ i^gloinent de leur cause, ties hommcs politiques do premier ordro, L'uu (I'eux dirigeait hiei- I s relationa intornationales de la grando Kepnbli(nio Amdricaino. lis sont assist(!'8 do Conseils habitni's h brillor au proniior rang, tautot uu barreaUj tant(')t dans le Gouvernoment do lour pays, et que I'admiration de lours concitoycns, de chaquo cotij do rAtlaii- tiquo, salue du titro de pnncos do reloquence. Cost un houneur qui suflSt k illustror une existence entiero que d'etre appeld it sitigor pros d^' pareils honnncs. La responsabilitd de los pr'jider serait bion eflrayante, si colui de leurs collegiics qu'ila ont charg(i de cette tacbe jie devait compter snr lem- indulgent et infaillibie appui. Puisse la Divine Proviilonce, do qui relovont toiites les actions des holnmes, noua donner la force ot nous inspirer la sngesso ni'cessaire pour accomplir notre ditlicilo mission, ot pour niariir,' i ainsi une (Stapo vers la r(5alisation do la parole ploino de consolation ot d'ospoir do Colui qui a ilit : " Bienheureux les pacifiqucs. car la terro lour apnartiondra." Messieurs, je crois otro rinteiprite de votre pens(.'e ii tous on vous propoaant d'interronipro iij notre stance, atin do porter a M. le Priisideut dc la Hdpubliquo Fran(|'aise, avec riiommago do ni. s respects, rexprossion de notro gratitude pour rhospitalit(j quo nous recevons de la Fr.ince. Sur la proposition cUi President, M. A. Iml>ort, Ministre I'ieuipotentiaire dc rrancc, est dtjsiyne comme Sccrotaiic du Tribunal Arbiti-al. II. le Baron de Courccl invite ensuite les Arbitn s Anglais ot Anioricains h designer, pour chacnne des dctix natioualit(fs, uu Secretaire (|iii serait adjoint au Secretaire du Tribunal. 11 est convemi que cette designation aui-a lieu h la prochaine seance. Le Tribunal fixe les joui"s et heures de ses seances. Conformemeut aux stipulations du Traite de "VVasbington du 20 Pevrier, 1S!)2, les Agents des tiouvernenienls des Ktats-Unis et de la Craiule-Eretagnc deposeiit devant le Tribunal l(!s Argun'enls imprinnSs de leurs Gouvernements rcspcctii's. L'Agent des fitats-Unis ajant signal('! que, par suite d'uno crrcur accideulellc commisc il rimpressiou, il cxistait une omission dans les citations jointcs en appciulico a r.iU'gument des fitats-Unis, autorisation lui a c debats, sur la prdseutatiou de caries nominatives delivrces par Ic Secr«5taire du Tribunal. ; Ainsi fait h Paris, lo '23 Mars, 1893, et out signo : Le President ALPH. DE COUEOEL. L'Agcnt des fitats-Unis . . . . JOHN W. FOSTEK. L'Agent de la Grande-Bretagne .. CHARLES H. TUPPER. Le Secretaire A. lAIBEUT. H> \ a Biogor pvi's do e leiirs collcsriios [English version.] Protocol No. %— Meeting of Thursday, March 23, 1893. •• THE Tribunal assembled at Turis, as had been agreed, at the French Ministry for Foreigu Affairs. There wore present the seven members of the Tribunal of Arbiti'ation : The Honourable John M. Harlan, Justice of the Supreme Court of the United States, And the Honourable Jolin T. Morgan, Senator of the United States, the Arbi- trators named by the United States ; His Excellency the Baroix Alphonse de Courcel, Senator of France, the Arbitrator named by France ; The Right Honourable Lord Hannen, Lord of Appeal, And Sir Jobn Thompson, Minister of Justice for the Dominion of Canada, the Arbitrators named by Great Britain ; His Excellency the Marquis E, Visconti Venosta, Senator of Italy, the Arhitrator named by Italy ; And his Excellency M. Gregers Gram, the Arbitrator named by Sweden and Norway ; The Honourable John W. Foster and the Honourable Charles H.Tuppcr, !^Tinister of Marine and Fisheries for the Dominion of Canada, were present at the meeting as Agents for the Governments of the United States and Great Britain. The members of the Tribunal of Arbitration assured themselves that their respective powers were in due and valid form. Lord Hannen, one of the Arbitrators named by Great Britain, rose to propose that his Excellency the Baron de Courcel, the Arbitrator named by France, should be requested by his colleagues to assume the Presidency of the Tribunal. The, Honourable John M. Harlan, one of the Arbitrators named by the United States, supported the proposal of Lord Hannen. The other members of the Tribunal of Arbitration having agreed to the proposal, Baron de Courcel took the chair as President, ani. ..clivercd the following address ; (iontleiueii. You have been pleased to exerciso in my favour that courtoous usage which, in proceedings ul'iin internntional iliiinictor, confers Iho Prosidt'm'y upon the Kepreseutativc of the countiy in wliich the meeting is held. The Governments of Great Britain and the United States of America have determined to end the long-stiinding dispute couuerning the Bohring fisheries by a friendly arbitration, and in choosing Taris for the seat of it, they have paid a distinguished compUment to France and to her I'apital city. I venture to say that both are worthy of it. ■' Nowliere, be sure, would you have ruiiiul yourselves surrounded by a more sincere and warm svinpathy with the gi'eat and good work which you are charged to carry out. Tlirough all the sliodcs and trials which the hard necessity of events inflicts upon mankind, France has ri-niaiued steadfast to ideals. Every generous conception moves and captivates her. She has a passion for the cause of human progress. And what aim can be more ideal, what progress more noble and worthy of attainment than the gradual diBappearance from among the people of the earth of a recourse to brute force. - .. -• !''•.. I ':m wmm This is the aim of prooedure by arbitration, aud each new rooourae to it brings us nearer t that end, by fumiibing another proof of thu actual possibility of that which, even yesterday ■eemed but a cbream. Some years ago, by the peaceful authority of a dooiHion whiuh two proud and powerful nations had previously agreed to accept, the Arbitrators assembled at Geneva put a happy end to a dispute which it seemed at one time could only terminate in war. The Geneva Arbitration was an epoch in international relations. It may be said to hnvo revived the old law of nations, and opened to it a new era with a boundless proHpeut of buno- fioent consequences. The two nations which submitted to the Geneva verdict, in spite of the sncrificos which nt first it seemed to involve, have evidently not in the long run rcpoutod of tliuir appeal to moral force, for to-day tLey renew that appeal by common consent, in analogous circumstances. It jh true that the cause that is to be pleaded before us is not one which apparently would ht looso tlu> nourge of war ; but, short of war, how mauy evils are caused to uatiuus by lasting coldncHs ami by tlie persistence of bitter sentiments. Like individuals, nations owe a duty to charity, aud when yielding to pride they foil to obey the laws of Providence, they inflict upon thumsclvca many sufierings. If arbitrations had no other effect than to preserve them from this peril, they would bo an incalculable blessing and service to the brotherhood of humanity. Your presence in this room. Gentlemen, is the most eloquent evidence of the value which attaches to your expected decision. England, from all time so rich in eminent jurists, America and Canada, who liand down ia their turn, and in a new world, a tradition whose ancestral origin may, perhaps, be sought in our old Norman soil, have delegated men wiiose knowlcdgo and rare penetration havo been applied iu the highest and most delicate functions in the magistracy or in the discussions of political asscin- Uiea whose prudence was renowned. Beside them I see a politician, a wise licir of the illustrious Cavour, whose premature and voluntary retreat from European diplomacy has been the subject of deep regret. Another of our colleagties from North Scandinavia, whose reputation lias preceded him, ban occupied one of tlie highest positions which could bo conferrcil upon him by the just confidence of the Sovereign of two Twin Kingdoms, each equally jealous of its individuality. At your bar, to represent the two great Powers who have confided their cause to you, appear poUticians of the first order. One of them only lately guided the foreign relations of the great American Republic. They are assisted by Counsel accustomed to occupy the front rank, either at the bar, or in the government of their country, and whom the admiration of their countrymen on each side of the Atlantic hails as princes uf eloquence. It is an honour sufficient to dignify an entire life to be asked to sit with men hke these, aud the responsibility of presiding among them would be overwhelming if he whom his colleagues have charged with this duty could not count on their unvarying and indulgent support. May Divine Providence, on whom depends all human action, give us the strength and inspire va with the wisdom necessary to fulfil our diflScult mission, and thus to advance a stage nearer to the realization of the words of consolation and hope of Uim who has said, " Blessed are the peucc- makers, for they shall inherit the earth." Gentlemen, I trust that I represent your wishes in proposing to you to break up our present meeting, in order to convey our respects to the President of the Frencli Ropulilic, together with an expression of our gratitude for the hospitality which we are receiving from France. On the proposal of the President, M. A. Imbert, a Minister Plenipotentiary of France, was named Secretary to the Tribunal of Ax'bitration. Baron do Courcel then invited the English and American Arbitrators to name, for their respective nationalities, a Secretary to be associated with the Secretary of the Tribunal. It was agreed that this appointment should be made at the next meeting. The Tribunal fixed the days and houra of its meetings. In conformity with the stipulations of the Treaty of Washington of the 29tli February, 1892, the Agents of the Governments of the United States and Great Britain laid before the Tribunal the printed Arguments of their respective Govern* ments. The Agent of the United States having intimated that, owing to an oversight in printing, there was an omission in the appendices of authorities cited in the Argument of the United States, he was authorized to present at a later date, as an appendice to the Argument, a supplement containing the citations omitted, with the reserve of the right, on the part of the British Government, to present a reply to the citations, should they deem it to be necessary. The Agents of the respective Governments stated that they had agreed to arrange for taking shorthand reports of the daily proceedings. It was announced that the proceedings were now public, and admission to the discussions would be upon the presentation of cards of admission to be issued by the Secretary of the Tribunah .... !ed to arrange 25 TIio Tribunal of Arliitration adjourned till the dtli April next. Done ttt Paris, th(5 23r(l Manili, ISO;?, and sii^nod : The President The Agent for the United States. The Agent for (Jreat Uritnin The Seeretary . . . . ALIMI. DK COURC^EL. •JOHN W. FOSTHll. CHARLES H. TUPPER. A. I M BERT. Translation certified to he accurate : (.Signed) A, Baili.y-Blanciiau Jl. CUNYNGHAM I! J Co-Sicrelitries. 11 i t 11 11 protnature and No. ;}7. Mr. Tupprr to tht Karl of Rosebrrij, — (Received April 20,) My Lord, Paris, April 18, 1893. WITH reference to your Lordsinp's despatch of the inth instant and previous correspondence, I have? the honour had therefore laid this statement before the Members of the Tribunal. (Signed) ' cilARLES II. TUPPER. :::.ji: •.Hi: ■■ '■■'[ ' i I ! I , ' I ' i'i I Inclosure in No. 37. Statement by Mr. Foster. IN view of certain misleading statements in the London newspapers, the Agent of the United States desires to inform the Arbitrators of tlie reasons given by him to the British Agent for his action in withdrawing from the joint arrangement for a daily shorthand report of the proceedings of tlie Trilnmal. Under date of the 10th instant, he informed the British Agent, in view of the experience then had, that the main object of the arrangement, namely, to lay before the Arbitrators the argument of Counsel early on the day following their delivery, had failed; that the Counsel of the United States had found the reports of the Arguments, as jjrinted, so far from correct as to make them in great measure useless, and that the burden imposed on them of revision was an intolerable tax upon their time. The report of the first week's argument (April 4th to 7tb) had not been revised and put into intelligible shape before the motion upon which they had been made had been definitely decided by the Tribunal ; and they have not, in fact, up to this date been laid before the Tribunal. As no change in the existing arrangements was proposed by the British Agent, the Agent and Counsel of the United States felt it their duty to withdraw therefrom. The question of expense did not enter into the consideration of the subject. April 18, 1893. I .i! ( I HI I M ; [691] s No. 88. Afr. Tupper to the Earl of Rosebery. — {Rteeittd April 21.) My Lord, Paris, April 20, 1893. AT the meeting of yesterday, Mr. Carter continued his argument on thf question of the alleged property interest of the United States in the fur-seals. His remarks were in the main directed to an examination of the question as (o what constitutes property, and wliat are the ri^ht^i and responsiI)ilities of those in whom the property is vested, lie had not concluded this ])ortion of his argument when tlio Tril)unal adjourned. I have, &c. (Signed) CHARLES H. TUPPER. No. 39. Mr, Tupper to the Earl of Rosebery.-* (Received April 22.) ' ' My Lord, Paris, April 21, 1893. AT yesterday's meeting, Mr. Carter continued his argument on the alleged property right of the United States in the fur-seals. He proceeded to apply the principles of property which he had enumerated on the previous day to the case of the seals, and for this purpose entered at some length into the question ut' their hahits, their management by the United States on the islands, and their capture both on land and by pelagic sealing. Ho criticised the Report of the British Commissoners at some length, and claimed that owing to its biassed character, the opinions expressed by them should be discarded by the Tribunal. He had not concluded this portion of his argument when the Tribunal adjourned, I have, &c. (Signed) CHARLES H. TUPPER. Nl. 40. Mr. Tupppr to the Earl of Rosebery.— {Received May 1.) My Lord, Paris, April 24, 1893. AT the meeting of the 21st instant, Mr. Carter continued his argument on the claim of the United States to property in the fur-seals. He concluded the first head of this subject, which deals with the claim to property in the animals themselves, and then proooc^dcd to argue that the United States luul also a property interest in, and right of protection of, the industry carried on at the Seal Islands. He had not finished his observations on this point when the Tribunal rose. , I hfive, &c. (Signed) CHARLES H. TUPPER, No. 41. Mr. Tupper to the Earl of Rosebery.— (Received May 1.) My Lord, Paris, April 25, 1893. I REGRET to in' na your Lordship that, owing to an attack of influenza, Lord Hannen was unable to attend the Tribunal of Arbitration to-day. • ;■■(!; His Lordship's medical advisor is of opinion tlmt lip will bo tmablo to ra^umo hU duties for 8omo days. It was therefore docidod hy the I'rcsiflcnt, Buron dc Courcol, that tlic Triljiiaal should adjourn until Tuesday, tho 2n'l May, i)y which (l;ito it is hoped that Lord Hanncn will be sufficiently rocoTorod to resume his attendance at the raoetings. I have, &c. ' (Signed) ClIAHLES H. TUPPEll. No. 12. Mr, Tapper to the Earl of Rosebery. — {ReceUed May 3.) My Lord, PartH, May 2, 1893. I IIAVE the honour to transmit to your Lordship copies of the official Protocols Nob. 3, 4, and 5 of the proceedings before the Behring Sea Arbitration Tribunal. I have, &c. (Signed) CHAllLES U. TUPPEll. !!' ,i ■ . Incbiuro 1 in No. 4)2. Protocole No. 3. — S<''ance du Mardi, 4 Avril, 181)3. > LE Tribunal s'est reuni u 11 hcures 45, tous les Arbitres etiiiit pi-^seuts. Le President annoucc que le Tribunal a decidii la nomination d", plioques ; " Et que toutos preuves ou tons temoignages ayant trait aux susdites rdclamations ou questions, ou ii I'uno d'elles, soient rayos du Contrc-Momoiro Britnnniquo, ot, on particulicr, les jjreuves ou tenioignages so trouvant aux pages 215 ii 22!> inclusive- ment du Tome ii de I'Appendice audit Contre-Memoire. " Le fondemcnt do la motion ou dos motions qui proet'dent est que les reclama- tions et questions susmontionnecs sont, cu'^enible ou cbacuiu' d'elles on particulicr, presentees pour la premiere fois dans lo Contrc-^Iemoire du Gouvtvncmcnt do la Graade-Bietagne et qu'aucuno d'elles, ensemble ou on iiarticulier, no so rapporte, ui ne seTefiMf.', par voio de repliquc, soit au Memoire des Rtats-Unis, soit il quoi que co soit qu'il contiennc, si ce n'est en co qu'ellos tendont fi soutenir do ^ reclamations en dommages-interets presentees exi)rcssemont dans Ic Mcmoire oi'i^inoi du Gouvcrnc- ment de la Grandc-Brotagne, et quo, en tint qu'ellcs tombent sous cetta ddttnition, lesditcs demandos sont irr(5guli6res comme faisant double emploi." Le President ayant fait observer qu'il conviendrait d'examiner s6paremcnt los motions ct de rcnvoyer k uno periodo ulterieuro de la procedure la discussion do la seconde motion presentc'c au nom des ["itats-Unis, L' Honorable E. J. Phelps devcloppe devaut lo Tribunal les arguments ii I'appui de la premiere motion, celle qui est relative au Rapport Suppldmcntairo des Comrais- saires Britanniqucs. A d beurcs, la seance est levee et le Tribunal s'ajourne au lendemain a 11 heures 30. Ainsi fait il Paris, lo 4 Avril, 1893, et out signe t Le President ALPH. DE COURCEL. L'Agent des Btats-Unis . . . . JOHN W. FOSTER. L'Agent do la Orande-Brotagnc . . CHARLES H. TUPPER. Le Secretaire A, I M BERT. [English version.] J Protocol No. 3. — Meeting of Tuesday, April 4, 1893. At 11*45 tbe Trib>'nal assembled, all the Arbitrators being present. The President annouuoed that the Tribunal bad decided to appoint Mr. A. Bailly- Blanchard and Mr. Cunynt,hame as co-Secretaries with M. Imbert. Also, M. le Chevalier Bajnotti, M. Henri Peer, and M. le Vicomte de Mannevillc as Assistant Secretaries. 1 29 The Prtaident annuunood that tbu Tribunal whh roody to hoar nny motion by oitbor of the ]Kirtic8. ^'/r Charles Russell thon spoke, niul ut tho uIomo of his Mpccch he Hubmittud the follu^vin^ motion: — " Tlint tho Agcut of tlio United StntoH l)e ciiUcd upon to producn tin; original or a oortillod copy of tho Uoport mudo ]>y Henry VV. Klliott on the subject of fur-scula puniunnt to Act of Congress of 18U()." Sir Richard Webster RUpportod tlio motion. The Honourable E. J. Phelps replied and submitted tlio following imswer to the motion : — "Tlio United .States' (iovornment denies that Her Mritanniu Majesty's Govern- ment is entitled, under tho provisions of tho Treaty, to any order by the 'i'ribunal for th(^ |)ro(lnetion of the document specified in tho motion, as a matter of right. "The United Stnl' -t' (Jovernment, however, is willing to waive (so far as it is concerned) its right of objection, and to furnish to the Agent of Ilc'r Majesty's tiovernment a copy of the document referred to, for such use as evidence as tho Tribunal may deem projKsr to allow. Not conceding, however, in so doing, that eitlicr party at this or any subsequent stnge of the proceedings has a right to introduce any further cvidenco whatever, upon nny subject •whatever, connected with tho controversy. "And further stipulating that if the document referred to in this motion shall bo used in evidence at all, it shall be open to the use of both parties equally in all its points." Mr, James C. Carter folljwod in support of the answer. ' Tho Court adjourned for a short time. On reassembling, the President said : — " Th<^ Tribunal directs that the above-named document bo regarded as before the Tribunal to bo made such nso of as the Tribunal thinks tit." Th3 Agent for the United States then read the following motions : — "1. The Agent of the United States desir(>s to bring to the attention of tho Tribunal of Arbitratilagic sealers in Behring Sea without imduo diminution of the seal herd during tli(> pendency of this .\rbitration ; " And, further, to dismiss from the Arbitration the claim of the same Govern- ment, mentioned on the said p. 315, to show payments by it to tho Canadian owners of scaling-vessels ; " And that all pi-oofs or evidence relating to the foregoing claims or matters, or cither of them| be stricken from the British Counter-Case, and in particular those found on pp. 216 to 229 inclusive, of Vol. ii of tlu^ Appendix to said Counter-Case. " The ground of the foregoing motion or motions is that the claims and matters aforesaid are, and each of them is, presented for the first time in tho Counter-Case of the Government of Great Britain, and that they nve not, nor is either of them, pertinent or relevant by way of reply to the Case of the United States or to anything contained therein, except so far as the same may tend to support claims for damages distinctly made in the original Case of the Government of Great Britain, und that so far as they come under that head the matters arc irregular as being cumulative only." The President having remarked that the motions should be considered separately, and that the discussion upon the second motion brought forward by the United States, should be postponed to a subsequent period of the proceedings, the Honousable £. J. hi n, \- m Pbdjls addressed *.\ie Court in sappt^rt ot tlic first motion relative to the Sapplcatcrtar Report of the Bnfcish Commissioner;-. At 4 T.Tit. the Tribanal adjournod to the n(!xt day, at 11-30. Done a,t Paris, the Itli April, 1S0.3, and signed : ' • The President ALPH. DE COURCBL. The Agent for the United Sttites , . JOttN W. !-OSTER. The Agent for Great Britain . . CHARLES H. TUPPER. The Secretary A. IMBERT. Xiauslatiou oertiiied to be accui'ate : (Signed) A. Bailly-Blancuaiio, U. CUNYNaHAMiO, } Co-Secretaries. .!• luclosure 2 in No. 42. Protocole No. 4. — Stance du Mercredi, 6 Avril, 1893. ' LE Tribunal s'est i'enni tl 11 heures 46, toua les luembres etant pr^ents. L'Honorahle E, J. Phelps continue et acli^ve son argumentation d(^ la voillc. Mr. James C, Carter declare qu'il n'a aucune observation ^ ajouter. Sir Charles Russell s'oppose fl la motion en discussion, en se fondant sui' les arguments suivants : — "Que le Rapport >Suppl(5me-itane des Commissaires Britanniques, en date du 31 Janvier, 1893, n'est presents qu'oii ce qui concerne la (juestion des Rfeglements, et que, d'apves ks dispositions du Traito d'ivrbitrage du 29 Fevrier, 1892, c'est avcc raisoii qu'il est ainsi soiunis au Tribunal, lequol aura a I'examincr a ce point de vuo, au cas ou il siiait appele a d^;ider, en vertu ('.e I'Articie 7, la question de savoir s'il y a lieu de faire des R^glementa oommuns, et, dans 1 'affirmative, quels de\mient etre ccs R6gle- ments." Le Tribunal suspend alors sa seance. A la reprise. Sir Cheries Russell continue s to the question of Regulations, aiid, un(l(!r the provisions of lh»> Treaty of Arhitmtioii of the 2^th February, 1892, is properly presented to the Tribunal, and so should bo considtjred by them in the event of their being called upon to cl(>termine, piuvsuant to Article 7, what, if ."iny, concurrent Regulaticms am necessary." The Tribunal adjourned for a sliort time. 'bx reatwembling, *'/> Charles Russell continued his argument. II At i P.M. the Tribunal adjourned to the next day at 11'30. So done at Paris, the 5th April, 1893, and signed The President The Agent for the United States . The Agent for Great Britain 1 The Secretary ALPH. DB COURCEL. JOHN W. FOSTEB,. CHARLES H. 'i UPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Bailiy-Blanohaiid, Tf. CtTNYNOnAME, ■} Co-Secretariei'. Jl H-t Lant sur Ics Inclosure 3 in No. 42. " " Protccale No. 5. — Se'ance du Jeudi, 6 Avril, 1893. LE Tribunal s'est r6uni a midi et demi, tous les Arbitrcs dtant pr^'senta. Sir Charles Russell reprend et achfevo son discours de la veille. Sir Richard Webster declare qu'il n'a rien a ajouter aux observations de Sir Charles Russell. Mr. James C. Carter prend la parole pour soutenir la motion pr^ent^ au nom des Ktats-Unis. A 1 heure et demio le Tiibimal suspend sa stance. A la reprise, Mr. James C. Carter continue son argumentation. A 4 lieures la sdance est lev6e et lo Tribunal s'ajourne au lendcraain, a 11 heures et demie. Ainsi fait h Paris, le 6 Avril, 1893, et out signe : Lo President ALPH. DE COURCEL. L'Agent des Etats-Unis . . . . JOHN W. POSTER. L' Agent de la Grande-Bretagnc . . CHARLES H. TUPPER. Lc Secretaire .. ., .. A. IMBERT. , I'. .; i!h!''ii1 ;|-t.. ill [English version.] Protocol No. 5.—Meetinj of Thursday, April 6, 1893. THE Tribunal assembled at 11"30 a.m., all the Arbitrators being present. Sir Charles Russell resumed liis speech of the previous day and concluded his argument. Sir Richard Webster said Miat he had nothing to add to Sir Charles Ruf cell's nymiwks. Mr. .Tames C. Carter replied in support of the motion made on behalf of the Tnitcd States. At 1'30 tlio 'I'ribunal adjourned for a short time. On reass('n\bling, Mr. .lames C Carter continued Ills argument. At 4 P.M. the Tribunal adjourned to the next day at 11 •30 a.m. Done at Paris, the (itii April, 1893, and signed : The President .. .'. .. ALPH. DE COURCEL. Tiie Agent for tlie United States , . .fOlIN W. POSTER. The Agent for (Jreat Britain . . CHARLES H. TUPPER. The Secretary A. IMBERT. Translat'on certified to be accurate (Signed) A. Baillt-BlancharD; ! . • I 1 11. CUNYNQUAME, •} CO'Secretaries. 32 No. 13. Mr. Tvpper to the Earl of Ronebery. — [Received May 4.) My Lord, Paris, May 9, 1893. AT the mooting of tho Tril)unal yesterday, Mr. Carter continued Lis argument, claiming for tho United Stnt(>s the right to employ force upon tho high seas for tlic defence of its property interest in the t'ur-seals and in the industry of tho seal islands. Having hrought iiis ol)servations on this point to a close, Mr. Carter proceeded to discuss tho question of regulations. This course was followed in accordance with an arrangemont arrivcnl at hy tho Counsel on hoth side., wherchy each party siiould be at liberty to prcsent its argu- ments on the legal questions and regulations separately. A diiRcussiuu arose on this question, which yoiu- lionlship will tlnd reported on pp. 526-528 ot rtic shorthand notes. Mr. Carter maintained that the regiilations to be made by tho Tribunal should not be confined to BebringSea, but should extend outsido that area wherever necessity required them. The United States, he said, had no regulations to propose save one, namely, tlio total prohibition of tho killing of all seals anywhere on the high seas. After a detailed criticism of tho scheme of regulations |)roposed by tho British Commissioneis, Mr. Carter brought his long speech to a conclusion shortly before the hour of adjourn- ment. Mr. Coudcrt is to follow Mr. Carter on behalf of tho United States at the next meeting. I have, itc. (Signed) (^HARLES H. T UPPER. I No. U. , Mr, Tapper to the Eur I o/ Rosebrry, — (Received May 5.) My Lord, Paris, May i, 189.'?. AT the meeting of yesterday, Mr. Coudert opened bis speech, on behalf of the United States, which ho said would be niaii\ly devoted to a statement of the facts on which the argument of Mr. Cartm- depended. But before proceeding to a recital of these facts, he wished to add something to what had been stated by Mr. Carter in reganl to the "self-defence" of the sealing industry. His opening uoservations were therefore direct» ,1S9:',. AT the meeting of yesterday, Mr. Coudert continued his speech, and after sonic observations on the issues before the Tribunal proceeded to a detailed examination of the facts connected with seal life, which he had not concluded when the hour of adjou...ment arrived. I hive, &c. (Signed) CHARLES H. TUPPEll, ay 3, 1803. lis argunKMii, seas for tlic senl islands. procoock'd to ^ rriviul nt l)v isent its argu- 1 reported on biinal should [!ver necessity !, namely, tlio ftcr a detailed ommissioneis, ir of adjoui'ii- is at the next TUrPER. lay i, 189.'V behalf of tlic it of the facts ime decision du Tribunal. Cctte decision, qui se rapporte h la demande prdseutde i)ar I'llonurablo K. J. Pheli)s, h. la tin de la prdeddente sdance, relativcment a Texamen de la sccondc motion des Etats-Unis, est con^ue en ces termes : — " Le Tribunal decide qu'il dift'erera, jusqu'a tel moment qui sei-a par lui ultdrieurement indiqud, d'entendre plaider ct de prendre en consideration la motion prdscntce, le 4 Avril, 1893, par les Etats-Unis d'Ameriquc, tendant h la radiation de certains passages faisant partie du Contre-Memoire ct des moyens de preuve du Gouvernement de la Grande-Bretagne." Le President exprime le desir du Tribunal de nc j)as s'attarder a des discussions do procedure et d'aborder le plus prom])tcment possible le fond de la question. II invite, en consequence, les Conseils a cntrer immediatement on matit^rc. Sir Charles Russell fait connaitrc I'ordrc dans lequel il a etc convenu quo les Conseils prdsenteraient leur argumentation ct ses indications sont confirmdes par Mr. James C. Carter. Le Pre'sident ddclare que le Tribunal agrcora la manicure dc proceder arrfitde cntrc les Conseils, mais il demande a ceux-ci do vouloir bien, autant que possible, dans lour argumentation, traitor separcment la discussion des points dc droit et ccUe des Ruements dventuels h in tervenir. Mr. James C, Carter, apr^s avoir remercid la Franco de son accueil hospitaller, commence son plaidoyer pour les fitats-Unis. Le Tribunal suspend sa sdance a 1 heuro 30. A la reprise, Mr. James C. Carter continue son exposd. i:: the public GET.. II. rPER. X " Rapport B Behring," 1 discussion jnt intitule : s la Mer do [ et Georgo i la Grandc- ve produits ;umentation t' la partic I'incorporer 'entro cllcs un exaraea 3 discutcr la rs de leurs iiial. Cottc alps, h, la lin Etats-Unis, ra par liii )n la motion radiation de prcuvo du iscussions de tit^re. 'enu quo les ifirmdcs par irretec en tic Ic, dans Icur ^t ccUe des hospitalicr, A t luHues la seance est levee et Ic Tribunal s'ajournc au lendemain, h 11 licurcs ;50, Ainsi fait a Paris, Ic 12 Avril, 1893, et ont signd : Lo Prdsident ALPII. DE COURCEL. L'Agent des f:(ats.Unis . . . . JOHN W. FOSTER. T; A gent dc la Grandc-Brctagnc . . CHARLES H. TUPPER. Lc Secretaire A. IMBERT. [English version.] Protocol No. 7. — Meeting of Wednesday, April 12, 1893. ' '■ THE Tribunal assembled at 11'40 a.ji., all the Arbitrators being present. T/ie President then read the decision of the Tribunal with reference to the " Supplementary Report of tlie Britisli Bcliring Sea Commissioners," dated tlie Slst January, 1893, the admissibility of which was the subject of the debates which took place at the previous meetings. The terms of the decision are as follows : — " It is ordered that tlic document entitled a ' Supplementary' Report of the British Bchring Sea Commissioners,' dated the 31st January, 1893, and signed by Georgo Baden-Powell and George M. Dawson, and delivered to tlie individual Arbitrators by the Agent of Her Britannic Majesty on the 25th day of March, 1893, and which contains a criticism of, or argument upon, the evidence in the documents and papers previously delivered to the Arbitrators, be not now received, with liberty, however, reserved to Counsel to adopt such document, dated the Slst January, 1893, as part of their oral argument, if they deem proper. "Tlie question as to the admissibility of the documents, or any of them, constituting the Appendices attached to said document of the 31st January, 1893, is reserved for further consideration, Avithout prejudice to the right of Counsel on either side to discuss tliat question, or the contents of the Appendices, in the course of the oral argument." The President then read a second decision of the Tribunal. This decision which relates to the application of the Honourable E. J. Phelps, presented at tlie close of the preceding meeting, and liaving reference to the consideration of the second motion of the United States, is Avorded in these terms : — " It is ordered that tha Argument and consideration of the motion made by the United States of America on the 4th April, 1893, to strike out certain parts of the Ccunter-Case and proofs of the Government of Great Pritain, be postponed until such t'mc as may be liercal'ter indicated by the Tribunal." The President ihcn expressed the desire of the Tribunal not to spend time in (liscussions on procedure, l)ut to enter as soon as possible upon the main question. He accordingly invited the Counsel to address themselves immediately to the mait'-M- !»t issue. Sir Charles Russell indicated the order in Avhich it had been agreed the Counsel would present their arguments, and Jiis statement was confirmed by Mr. James C. Carter. The President declared that the Tribunal Avould appi'ove of the mode of ]H0ceeding agreed ujjou by the Counsel, but he requested them to be kind enough, as far as possible, in the arrangcmient of their arguments, to keep separate the discussion on the matters relating to right, and those relating to tlie Regulations which might eventually he proposed. Mr. James C. Carter, after thanking Prance for her hospitable reception, began his argument in behalf of the United States. At 1'30 the Tribunal adjourned for a short time. On reassembling 3/?-. .Tames C. Carter continued his argument. At i P.M. the Tribunal adjourned to the next day at 11"30 Done at Paris, the 12th April, 1893, and signed : The President The Agent for the United States, . The Agent for Great Britain The Secretaiy . . ■> Translation certified to bo accurate : (Signed) A. Bailly-Blanchakd, H. CUNTNQHAMB, ALPII. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. '■} Li': Co-Secretaries. [691] F 2 I- ■; , i rll'i 1^4 h 36 IncloBure 3 iu No. 46. Protocole No. 8. — Seance du Jeudi, 13 Avril, 1893. LE Tribunal s'est r^uni tl 11 heures 40, toua les Arbitres 6tant presents. Mr. James C. Carter reprcnd son argumentation. A 1 heure 30 la stance est suspcndue. A ' reprise, Mr. Jam's C. Carter continue sa plaidoirie. A . heures, la sdanco est Icvdo ct lo Tribunal s'ajourne au lendemain 11 heures 30. Ainsi fait h Paris, lo 13 Avril, 1893, et ont sign6 : Le President ALPH. DE COUROBL. L' Agent des fitats-Unis . . . . JOHN W. FOSTEB. L' Agent de la Grande-Brotagne . . CHARLES H. 1 UPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 8. — Meeting of Thursday, April, 13, 1893. THE Tribunal assembled at ll'lO a.m., all the Arbitrators being present Mr. James C. Carter resumed his argument. At 1"30 the Tribunal adjourned for a short time. On reassembling, Mr. James C. Carter continued his argument. At 4 P.M. the Tribunal adjourned to the next day at 11*30 a.m. Done at Paris, the 13th April, 1893, and signed : The Presidcn* The Agent fu. the United States. . The Agent for Great Britain The Secretary ALPH. DE COUROEL. JOHN W. FOSTER. CHAiiLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Baillt-Blanchard H. CUNTNGHAME, •} Co' Secretaries. Inclosure 4 in No. 46. Protocole No. 9. — Stance du Vendredi, 14 Avril, 1893. LE Tribunal s'est rduni h 11 heures 40, tous les Arbitres 6tant pr^ents. Mr. James C. Carter reprend son argumentation. Le Tribunal suspend sa stance h 1 heure. A la reprise, Mr. James C. Carter continue sa plaidoirie. La stance est levde u 4 heures et le Tribunal s'ajourne au Mardi, 18 Avril, h 11 heures 30. Ainsi fait h Paris, le 14 Avril, 1893, ct ont signe : Le President ALPH. DE COUROEL. L' Agent des fitats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grande-Bretangc . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 9. — Meeting of Friday, April 14, 1893. THE Tribunal assembled at 11'40 a.m., all the Arbitrators being present. Mr. James C. Carter resumed his argument. At 1 o'clock the Tribunal adjourned for a short time. On reassembling, Mr. James C. Carter continued his argument. endemain k JRCEL. PEBu UPPER. 3nt. EGEL. BR. DPPER. its. li, 18 Avril, UROEL. TER. TUPPER. 37 At 4 P.M. the Tribunal adjourned to Tuesday, tho 18th April, at 11'30 a.m. Done at Paris, the 14th April, 1893, and signed : Tho President . . . . The Agent for tho Unitc'd States. . The Agent for Great Britain Tho Secretary ALPH. DE COUllCEL. JOHN W. rOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Bailly-Blanchard H. CUNYNGIIAME, ■} Co-Secretaries. No. 47. Mr. Tapper to the Earl of Rosebery. — [Received May 12.) My Lord, Paris, May 8, 1893. I HAVE tho honour to transmit herewith to your Lordship copies of the Report for 1890,* on the condition of the fur-seal fisheries on the I'ribvlott" Islands, by Mr. Henry W. Elliott. Your Lordship will remember that this Report was produced by the United States' Government on the application made by the British Counsel at the meeting of tho Tribunal on the 23rd March. Tlic conditions under which it was presented by the United States are set out on pp. 36 and 37, Part I, of the shorthand notes. The document was furnished in the form of a type-written copy, and some delay has necessarily taken place in having it printed. I have, &c. (Signed) CHARLES H. TUPPER. No. 48. Mr. Tupper to the Earl of Roschery, — (Received May 9.) My Lord, Paris, May 8, 1893. ON the 6th instant, Mr. Coudert continued his observations on the causes of the decrease in the number of seals resorting to the Pribyloff Islands, urging that the facts conclusively proved this decrease to be due to pelagic sealing, and that it was in no way attributable to the method of taking tho seals on the breeding islands. Mr. Coudert expects to finish his argument at the next meeting of the Tribunal. I have, &c. (Signed) CHARLES TUPPER. No. 49. Mr. Tupper to the Earl of Rosebery. -^{Received May 12.) My Lord, Paris, May 10, 1893. AT the meeting of yesterday, Mr. Coudert continued his argument against pelagic sealing, and, after a short reference to the question of damages, concluded his speech shortly before the hour of adjournment. Sir Charles Russell will open the argument on behalf of Great Britain at the meeting of to-day. I have, &c. (In the absence of Mr. Tupper), (Signed) R. P. MAXWELL. I * M i ent. , . * Copiet of thii Report will be depoiited in the Library of each House of Parliament. i jihrt.^ ,«*.-- w 88 No. 50. • ri 'iM .1:. Mr. Tapper to the Earl of Rosehtry.— '(Received May 12.) My Lord, Paris, May 11, 1893. AT the meeting of yesterday, the Attorney-General opened the argument for Great Britain with a summary of the position taken up by Ilcr Majesty's Government. Ho called attention to the various changes of front on the part of the United States which had taken place since the beginning of the diplomatic correspondence and to the novel propositions of law propounded by the United States' Counsel. Sir Charles then proceeded to deal generally with the arguments in the speeches of Mr. Carter and Mr. Coudert, more especially with the attacks made upon the British Commissioners and upon pelagic sealing. He had not concluded his preliminary statement when the Tribunal rose. Sir Charles* opening speech was listened to with great interest by the largest audience of the public which has been present since the commencement of the sittings. I have, &c. (Signed) CHARLES H. TUPPER. ^0. 6L Mr. Tapper to the Earl of Rosebery. — {Received May 12.) My Lord, Paris, May 11, 1893. I HAVE the honour to transmit to your Lordship, herewith, copies of the official Protocols of the Behring Sea Arbitration Tribunal, Nos. 10, 11, 12, 13, and li. T HniVc &/C (Signed) ' CHARLES H. TUPPER. Inclosure 1 in No. 51. Protocole No. 10. — Stance du Mardi, 18 Avril, 1893. LE Tribunal s'est r^uni u 11 heures 30, tous les Arbitres dtant presents. Le President, k I'ouverture de la sdancc, so r^ferant a quclques paroles qu'il avait prononcdes h la fi' i le la sc^ance prdc^dente, declare que si, dans Ic cours des plaidoiiies, les Arbitres sonl .men^ h presenter des observations ou a adrcsscr des questions aux Conseils, ces observations ou ces questions ne doivent pas 6tre consid^r&s comme exprimant une opinion de la part do I'Arbitre qui les formule, et encore moins commo engageant le pays auquel il appartient. Elles sont simplemcnt, pour le Tribunal, un moyen d'obtenir, des representants des parties, un ^claircissement plus complet des points en discussion. Sur I'invitation du I'rdsident, Mr. James C. Carter continue alors son plaidoyer. La stance est suspendue u 1 heure 30. A la reprise, Mr. Carter reprend son argumentation. A 4 heures la stance est levee et le Tribunal s'ajourne au lendemain, k 11 heures 30. Ainsi fait h Paris, le 18 Avril, 1893, et ont sign^ : Le President ALPH. DE COURCEL. L'Agent des fitats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grande-Bretagne . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. 11 heures 30. sd [English version.] Protocol No. 10. — Meetinij of ^Puesdav, April 18, 1893. THE Tribiinal assembled at 11'30 a.m., all the Arbitrators being present. The President, at the opening of the meeting, refen-ing to a few remarks which he had made at the end of the preceding sitting, announced that, if in the course of the argument, the Arbitrators were load to make observations or to address questions to Counsel, these observations or questions must not bo considered as expressing any opinion on the part of the Arbitrator who makes them, and still loss as binding the country to which he belongs. Tliey are simply, so far as the Tribunal is concerned, the means of obtaining from the representatives of the parties a more complete elucida* tion of the points under discussion. Upon the invitation of the President, Mr. James C. Carter then continued hia argument. At 1'30 P.M. the Tribunal took a recess. On the reassembling of the Tribunal, Mr. Carter resumed his argument. At 4 P.M. the Tribunal adjourned to the next day, at 11*30 A.M. Done at Paris, the 18th April, 1893, and signed ; The President The Agent for the United States The Agent for Great Britain The Secretary ALPH. DE COURCEL. JOHN W. POSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. BAiLLY-BLANcnARD, H. CUNYNGHAME, } Co- Secretaries. ■i'lH... il Inclosure 2 in No. 51. Protocole No. 11. — Stance du Mercredi, 19 Avril, 1893. LE Tribunal s'est v6\xm h 11 heures 30, tous les Arbitres dtant presents. Mr. James C. Carter reprend son argumentation. La stance est suspendue li 1 heiues 30. A la reprise, Mr. Carter continue sa plaidoirie. A 4 heures, la s6ance est lev6e et le Tribunal s'ajouruo au lendemain 11 heures 30. Ainsi fait h, Paris, le 19 Avril, 1893, et ont signd : Le President ALPH. DE COURCEL. L' Agent des l5tats-Unis . . . . JOHN W. FOSTER. L'Asent do la Grande-Bretagne . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 11. — Meeting of Wednesday, April 19, 1893. THE Tribunal assembled at 11-30 a.m., all the Arbitrators being present. Mr. James C. Carter resumed his argument. At 1'30 the Tribunal took a recess. On the reassembling, Mr. Carter continued his argument. At 4 P.M. the Tribunal adjourned till the next day, at 11"30 A.M. Done at Paris, the 19tli April, 1893, and signed : The President The Agent for the United States . , The Agent for Great Britain The Secretary Translation certified to be accurate : (Signed) A. Bailly-Blanchaud. H. CUNYNGHAME, ALPH. DE COURCEL. JOHN W. POSTER. CHARLES H. TUPPER. A. IMBERT. •} Co- Secretaries. Inclosuro 3 in No. 61. Protocole No. 12.— Seance rfu Jeudi, 20 Avril, 1893. LE Tribunal s'cst rduni h 11 hcurcs .30, tous les Arbitres dtant prdsents. L'Ai^cnt, (les fitats -Units fait rcmettre au Tribunal un recuoil de "Citations empruntecs a dcs ouvrages do Jurisconsultes et d'Rconomistos commo Appendices h I'Argument dos l^tats-Unis." Air. James C. Carter rcprcnd son argumentation de la veillc. La stance est suspenduc h 1 heuro 30. A la reprise, Mr. Carter continue son plaidoyer. A d) heures la stance est levde et le Tribunal s'ajourno au londomain h 11 hcurcs 30. Ainsi fait h Vans, lo 20 Avril, 1893, et ont signd : Lo President ALPII. DE COURCEL. L' Agent dcs fitats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grandc-Brotagnc . . CUARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 12.— Meeting of Thursday, April 20, 1893. THE Tribunal asson led at 11-30 a.m , all the Arbitrators bein^ present. Tlic Agent for the Unitod States caused to be delivered to the Tribunal a collection of "Citations from the writings of Jurists and Economists as an Appendix to the Argument of the United States." Mr. James C. Carter resumed his argument of the preceding day. At 1-30 the Tribunal took a recess. On reassembling Mr. Carter continued his argument. At 'i P.M. the Tribunal adjourned to the next day at 11'30 A.M. Done at Paris, the 20th April, 1893, and signed : The President The Agent for the United States . , The Agent for Great Britain Tlie Secretary ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate ; (Signed) A. Baillv- Blancuawd, H. CUNYNGUAME, jCo. Secretaries, Inclosuro l in No. 51. Protocole No. IS.— Seance du Vendredi, 21 Avril, 1893. LE Tribunal s'cst reuni ii 11 heures 30, tous les Arbitres etant prdsents Mr. James C. Carter reprend sa plaidoirie. A 1 licuro 30 la seance est suspenduc. A la reprise Mr. Carter continue son argumentation. La scaucc est Icvec u 1 heures. Le Tribunal s'ajourne au Mardi, 25 Avril, a 11 heures 30. Ainsi fait 11 Paris, Ic 21 Avril, 1893, ct ont signd : Le President. . . . . . . . ALPH. L'Agent des Etats-Unis . . . . JOHN L'Agent do la Grande-Bretagne . . CHARLES H Le Secretaire A. IMBERT. DE COURCEL. W. FOSTER. TUPPER. 4J [EiifjUsli version.] Protocol No. 13.— yfeetinrj of Vridaij, April 21, 1893. THE 'rrilumnl nsscmhicd at ll'SO a.m., all the Arbitratora beinj? present. Mr, Jttiiirs C. Carter resjimcd his iirf^iuncnt. At 1 'M tiio Trihunal took u recess. On rt'ass('nil)lini; Mr. Carter continued his argument. At 4 I'.M. tiie Tribunal adjourned till Tuesday, the 25th April, at 11*30 A.M Done at Paris, tlu! 'ilst April, 180!$, and signed: The President 'I'hc Agent lor tlie United States The Agent for Great Britain The Secretary Translation certified to be accurate : (Signed) A. IUilly-Blancii.vr]), II. CUNYNGUAMi:, ALIMI. DE COURCEL. JOHN W. POSTER, CHARLES II. TUPPER. A. IMBERT. •} Co-Secretaries. Inclosure 5 iu No. 51. Protocole No. 11. — Se'ance du Mardi, 25 Avril, 1893. LE Tribunal s'est reuni h 11 heures 30, tous les Arbltres dtant presents, h 1 'exception dc Lord Hannen, rctenu chez lui pour cause de maladie. Sir liiclmrd Webster se li^Te pour ddclarer que touto ddcision du Tribunal en vuo d'une suspension dc ses travaux, pendant Ic temps ndcessaire pour assurer Ic complet rtUablisseincnt de Lord llannen, serait conforme aux desirs des Conseils du Gouverne- ment Britanniquc. L' Honorable E. .T. Phelps s'exprimo dans lo m6mc sens, an nom des Conseils du Gouvernenient des Ktats-Unis. Le President fait alors connaitro quo le Tribunal a decidd dc s'ajourner jusqu'au Mardi, 2 Mai, a 11 heures 30. Ainsi fait ii Pai-is. le 25 Avril, 1893, et ont signe : Lc President. ALPII. DE COURCEL. L'Agent des fitats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grande-Brctagno . . CHARLES H, TUPPER. Lc Secretaire A. IMBERT. It [English version.] Protocol No. l\..~Meeting of Tuesday, April 25, 1893. Till] Tiibunal assembled at 11'30 a.m., all the Arbitrators being present with the excei)tio:i of Lord Ilanncn, confined to his house by illness. Sir Richard Webster rose and stated that any decision of the Tribunal as to a suspension of its labours during the time necessary to insure the complete recovery of Lord Ilannon, would be in accordance with the wishes of the Counsel of the British Government. The Honourable E. J. Phelps expressed himself to the same effect in the name of the Counsel of the Government of the United States. The President then announced that the Tribunal had decided to adjourn until Tuesday, th<> 'ind Jlay , at 11-30 A.M. Done at Paris, the 25th April, 1893, and signed : The President The Agent for the United States The Agent for Great Britain The Secretary Translation certified to be accurate : (Signed) A. Baiily-Blanchard, H. CtJNYNGHAMK, ALPII. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. "} Co-Secretaries. liil C691] G 42 No. 62. Mr. 7\ipfer to the Earl of Roiebery. — {Received May 17.) My Loiil, Parie. May Ut, If^O'.l. ON the 11th instunt the Attorncy-Gpiiprnl, nftor a furthor cominpiU. on t\w roforenpcs made by tho United States to tl>o Report of the Uritish (^oinmissioucrs, discussed at some length the history of the seizures of Uritish vessels in IJelirinijSea liy the United States' Government, tho grounds on which the vessels had been condemned, and the eonsequent liability of the United States in the event of tho Arbitrators deciding that the seizures were not justifiable. The Argument was continuo waters of f tlic seal ment that ho llnitod i had hcMMi \ Russia. Ijoiiraod. IPPEU. ' ' [English Torsion.] r • ' ,' • ■• Protocole No. 1^,— Meeting of Tuesday, May 2, 1893. Ti[K Trihunal asaomblcd at ^'30 a.m., all the Arbitmtx)!^ Ixnng present. Mr. .Idiiien V. Carter rcsumt'd and concluded his nrguuioni ou the inattevH relating to ri;, who had agreed upon this point, full lii)erty to arrangetlieir arguments in such manner as they thought most convenient, hut always, as far as possilile, so as to keep the questions of right distinct from tlio Regulations, and added that tlio Tribunal took note that both parties had decided to defer to this desire. -At 1'8() tho Tribunal took a recess. (Jn reassembling Mr. Carter tlnishod his argument. At .'V30 P.M. tho Tribunal adjourned till the next day at 11"30 A.M. Done at I'aris, the 2nd May, 1893, and signed : The Pn'sident Tho Agent for the Unitcnl States . . Th(! Agent for Great Britain Tho Secretary . . . . , , ALPH. DE COURCEL. .lOHN W. FOSTER. CHARLES II. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Bailly-Blanchakd, II. CUNYNOHAMK, •} till Co-Secr.-taries, Inclosure 2 in No. 53. 3, 1893. Protocols al. JPPER. s do droit, les Russell it dans la uostion do t\ ce sujet, lit, tout en i^glcments, do. idemain ii RCEL. ER. UPPEll. Protocole No. 16.- -S/ance du Mercred!, 3 Mai, 1893. LE Tribunal s'cst rduni h 11 heures 30, tons les Arbitres 6tant presents. L' Honorable .John W. Foster annonce qu'il sera tr(>s prochainement en mesure do faire distribiun- aux membres du Tribunal le ;ompte rendu stenographique, revu et corrige, de I'argumentation qu'a termin6e la vcille Mr. James C. Carter. Sur I'invitation du President, Mr. Frederick R. Coudert commence alors sa plaidoirie. La stance est suspendue tl 1 heure 30. A Ja reprise, Mr. Coudert continue son argumentation. A 4 heurea, la st5ance tst levee ct le Tribunal s'ajourne au lendemain k 11 heures 30. Ainsi fait u Paris, le 3, Mai, 1893, et ont signe: Le President ALPII. DE COURCEL. L'Agent des fitats-Unis .. .. JOHN W. FOSTER. L'Agent de la Orande-Bretagnc . . CHARLES 11. TUPPER. Le Secrdtaire A. IMBEllT. [English version.] ' r Protocole No. 16. — Meeting of Wednesday, May 3, 1893. ; . THl'] Tribunal assembled at 11*30 a.m., all the Arbitratora being present. The Hommrahle .John W. Foster announced that in a very short time he expected to bo able to deliver to the members of tho Tribunal, a shorthand report reused and corrected, of Mr. James C. Carter's argument as concluded the previous day. Upon the invitation of the President, Mr. Frederick R. Couderi then began his argument. ■ '• - "• • " ■ , ■ ->. At 1 "30 the Tribunal took a recess. On reassembling Mr. Coudert continued his argument. [«9l] . .- G 2 \i^\. ■"•*>/.'i?:j>/5i 2^ ■■•If' ■'t>,''/,V,rrf At 4 P.M. tlic Tribunal adjourned to the npy:\ day at 11'30 a.m Done at Paris, the 3rd ilay, 189G, and signed : The President . . . . The Agent for the United States . Tlic Agent for Great Britain The Secretary Translation certified to he accurate : (Signed) A. BAiLLY-BiANcnARi), 1 ^, „ , . H. CuKyNaHAME, ^ Cc^ecrctancs. ALPn. DE COURCEL. JOHN ^V. FOSTER. CHARLES 11. TUPPER. A. IMBERT. Inclosure 3 in No. Z3. Protocole No. 17. — Seana^ du Jeudi, -t Mai, 1893. LE Tr)bunal s'est reuni }\ 11 heurcs 30, tons les Arhitres etant presents. Mr. Frederick R. Coudcrt reproiul sa ])laidoirie de la veillo. La stance est suspenduo a 1 heurc 30. A la reprise, Mr. Coudcrt continue son argumentation. A -!• heures, la seanco est levee et le Tribunal s'ajourne au Icndemain h 11 heuros 30. Ainsi fait n Paris, lo 4 Mai, 1893, ot ont signe : Lo President ALP.'I. DE COURCEL. L'Agent des Eints-Unis .. .. JOHN AV. POSTER. L'Agent de la Grando-Bretagnc . . CHARLES H. TUPPER. Le Secretaire . . .1 . . A. IMBERT. , [English version.] Protocole No. 17. — Meeting of Thursday, May I, 1893. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being ])rescnt Mr. Fr?derick K. Coidert resumed his argument of the preceding day. At 1"3C the Tribunal took a recess. Ou reassembling Mr. Coudert continued his argument. At 4 P.M. the Tribunal adjourned to the next day at 11"30 a.m. Done at Paris, the 4tli May 1893, and signed : The President . , . . .. The Agent for the United St-cep . . The Agent for Great Britain The Secretary . . , . Translation certified to be accurate : (Signed) A, Bailly-Blanchakd, H. Cunynghame, ALPH. DE COUIJCEL. .lOlEN W. POSTER. CHARLES H. TUPPER. A. IMBERT. 1 Co'Secretaries. Inclosure 4 in No. 53. Protocole No. IS.Se'ance du Vendredi, 5 Mai, 1893. LE Tribunal s'est rtiuni a i 1 heures 30, tons les Arbitres etant presents. Mr. Frederick li. Cuuderi r< pv(,'nd son argumentation. A 1 beure 30 la seance c ., suspendue. A la reprise, Mr. Coudert continue sa ])laidoirie. A 4 heures, la seance est levee et le Tribunal s'ajourne jusqu'au ^lardi, 9 Mai, a 11 heures 30. Aiusi fait Ji Paris, le 5 Mai, 1893, et ont signe : Le President ALPH. DK COURCEL. L'Agent des Etats-Unis . . . . JOHN W. POSTER. L'Agent de la Grande-Bretagnc .. CHARLES II. TUPPER. Le Secretaire A. IMBERT. Jl^ HCEL. Ell. UrPER. ts. cndomain :i JRCEL. DER. L'UrrEll. tnt. JllCEL. I Ell. TUPPER. nvli, "J Mai, u UHCEL. STER. TUPPER. 45 [English version.] Protocole No. 18. — Meeting of Friday^ May 5, 1893. THE Tribunal assembled at 11-30 a.m., all the Arbitrators being present. Mr. Frederick R. Condert resumed his argument. At 1'.30 the Tribunal took a recess. On reassembling Mr. Coudert continued his argument. At J: P.M. the Tribunal adjourned until Tuesday, the 9th May, at 11*30 A.M Done at Paris, the 5tli May, 1893, and signed : The President The Agent for the United States 'J'he Agent for Great Britain Tlu> Secretary ALPH. DE COUROEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) \. Bailly-Blancdak]) t[. CUNY.VGIIAMK, •} Co-Secretaries. No. 54. Mr. Tupper to the Earl of Rosebery. — {Received May 26.) My Lord, Paris, May 24, 1893. AT the meeting of yesterday. Sir Charles Russell continued his argument on the utli question of Article VI of the Treaty. lie contended that tiiis (|uestion might bo interpreted as referring to an exclusive right to take fur-seals in Behring Sea, but assumed for the purpose of argument that the wider meaning attaelied to it by the United States was correct. This interpretation is, as your Lordship is aware, the assci-tion of a right of property in the seal-herd, and the sealing industry. Sir Cliar!os proceeded to reply generally to Mr. Carter's arguments on this head, and entered into tlio questions of the alleged domestic cluiractcr of the seals, the inter- mingling of the so-called herds, the lengtii of their stay on the islands, and the possii)ility of identification. He then commenctd an examinaticm of the propositions of law put forAvard by Mr. Carter in this connection, and iiad not concluded this portion of his subject when tlie Tribunal rose. T have, &c. (Signed) CHARLES H. TUPPER. No. 55. Mr. Tupper to the Earl of Rosebery. — {Received May 26.) My Lord, Paris, May 25, 1893. AT tiie meeting of yesterday. Sir Cliarles Russell proceeded with his examinations of the legal propositions put forward by Mr. Carter, and dealt with ilie various autlxorities cited in tiie jjriuted Argument of tlie United States, which, he argued, entirely supported the Eritisii contention with regard to the question of pi'operty in the fur-seals. lie supplemented these authorities by citin;; those quoted in the Britisli Counter- Case and Ari,'umcnt, and, after alluding to the French laws on the subject of property in animals, concludiHl liis observations for the day with an explanation of the bearings of natural and moral law on the ju'inciples of international jurisprudence. I ilQVC &C (Signed) ' CHARLES U. TUPPER. f !:i[ \l^ I 46 No. 56. 1^. Tupper «» tflie Earl of Rosebery — (Received May 27.) My Lord, - ■ ■ ^ >- Paris, May '26, 18Q'.). AT tlio meeting of yestetllpiflr Charles Russell, after briefly supplementing liis remarks of 1lit» |)recedfng itfjff^flllKeoded U) a detailed examination of the printed argument by Mr. Phdw, wlich appeai« on pp. 180-17S) of tho Argument of the United Statics. Your ijumMii^ will renwfmber tliat the subject dealt with therein is th*- elaiwi nf the I'nited !*tates to an «itii»Test. an industry, and a commerce in the proflucf «*■ the seal-herd and tij > rj.^ii A' protjM»ting the same, irrespective of any distinet rigf»(4 of property in tlu* sejrt-- Sir Oir-uwles had not concluded Tribunal hmj*" 'Vm- the day. J have, &c. p^Wi^ CHARLES H. TUPPER. mis criticism ftn Mr. Phelps' argument when the No. 57. The Earl of Rosebery t*» tbe Tribunal respecting the effect of the modun , ,cendi of last year, I think it Biiiwt be left entirely to your discretion to decide, in consultation with Counsel, whether *nj claim for compensation under Article V of the Treaty of the 18th April, 1892, shall be pressed on behalf of Her Majesty's Government. No. 58. Mr. Tupper to the Earl of Rosebery. — {Received May 31.) My Lord, Paris, May 30, 1893. AT the nieetiuir <>f the Tribunal on the 2Gth instant, Sir Charles Russell continued his examination of the illustrations and cases cited by Mr. Phelps in the printed Argument of the United States, and was dealing with the analogies sought to be drawn from legislation in Uritish Colonies and '/arious foreign countries in regard to seal fisheries, when the Tribunal adjourned fo: the day. J have, &c. (Signed) CHARL*iS H. TUPPER. No. 59, The Earl of Rosebery to Mr. Tupper. (Telegraphic.) Fnrr}jn Office, May 31, 1893. YOU may authorize Counsel to state to the 'J'>ibuiioi that an arrangerai>rit ii ~ been concluded with the Ru.ssian Governm(>nt for the prohibition of Ecaling within \ zone of 10 miles from tiie Riissian coasts in Behriiig Sea and other psirts of the North Pacific Ocean, and of 30 miles round the (Commander Islands and Kobben Island ; tli ■> arrangement to Ix' a pr -visional one tor the present year, and without prejudice to lie rights or position of (li' er Power. The correspondence will be laid before Parlianniit forthwith. It may v o he stated that, although no oiticial reply has been received on the subject of tiu; s- ixures made by Russian cruizers last year, it is imderstood timi these are justified ii the ground that the vessels Averc seized for acts just committed in Russian terriio iters. My L, 26, 189:5. iiouting liis tlie printed lent of tlio 1 therein is crce in tlic ;ive of any it Avluni the UPPEll. I 29, 1893. ispcctiupj tlio rely to your iompensation on behalf of 47 No. 60. Foreign Office to Colonial Office. Sir, Foreign Office, May 31, 1893. I AM directed by the Earl of Eosebery to forward, for the information of the Marqnis of llipon, a paraphrase of a telegram* which has been addressed to the British Agent for tlie Behring Sea Arbitration in regard to the possible claim of Ilcr Majesty's Government for compensation under Article V of the Treaty of "Washington o£ the 18th April, 1892. Tbat Articic provides that if the decision of the Arbitrators should affirm the right of British sealers to take seals in Behring Si\a within the bounds claimed by the United Stf'tos, then compensation should be made by the United States to Great Britain (for tlie use of her subjects) for abstaining from the exercise of that right during the pendency of the Arbitration upon the basis of such a regulated and limited catch or catches as, in the opinion of the Arbitrators, might have lU'cu taken without an undue limitation of the seal herds. Turther, the amount awarded, if any, shall be such as under all the circumstances is just and equitable. As a matter of fact, how(>ver, it has been found thai wiiih; the United States, under the modus vivendl of last year, were restricted to a catch of 7,500, the pelagic catch, although the scaling vessels kept outside the prohibited limits, was larger than in pnnious years. This fact has been strongly brought forward by the United States' Counscd before the Tribunal. It is not probable that, under such circumstances, the Arbitrators would consider that the British sealers were, under any circumstances, entitled to compensation for a loss of catch (luring 1892, and it is possible that the British Case might be prejudiced by the claim being urged. Tliis view of the case was represented by Sir R, Webster, who Avas in England for two days on the 29th and 30th instant, and Lord llosebery thought it was better at once to inform Mr. Tupjjcr that the questioa whether the; claim should be advanced must be lel't to his discretion in consultation with the British Counsel. His Lordship has no doubt that Lord llipon will concur in that view. I am. &c. (Signed) T. H. SANDERSON. I ': y 30, 1893. oil continued the printed to be drawn gard to seal TUrPER. y 31, 1803. mgement li ^ ling »*-ithin i of the Nortli Island ; tliis judiee to tiif re rarlianient n reeeiv(Ml nn lerstooil tluU committed ii> i( No. 61. Mr, Tapper to the Earl of Rosehenj. — {Received June 1.) My Lord, Paris, May 31, 1893. AT the meeting of yesterday. Sir Charles Russell proceeded with his examination of the analogies sought to IjC drawn by the United States from colonial and foreign regulations in regard to seal fisheries. He then dealt with the United States' conten- tions that not only seal fisheries but also other fisheries, more especially those of pearl, coral, and herring, aro protected by extra-territorial laws of other nations. He passed on to the consideration of the St, Helena Act, and certain Ciises quoted by the United States hearina: on extra-territorial jurisdiction, and had just concluded this portion of his ar'j-.nient when the Tribunal adjourned. Sir Charles expects to finisli his speech tliis morning. I have, &c. (Signed) CHARLES H. TUPPER. No. G2. Mr. Tapper to the Earl of Roseliery. — {Received June 2.) My Lord, Paris, June 1, 1893. A'l' the meeting of yesterday. Sir Charles Russell, having concluded his examina- tion of tlie various authorities cited by the United States, proceeded to sum up the varior.s points in his argument, and to lay before the Ti-ibunal the findings which he asked for in regard to the questions of fact involved in the claim for damages put t'orwai-d in the ]3ritish Case. .';,■■■ • No. 57. liiiiv '4.8 He stated tluifc Great Britain would not ask from tlio Tribunal any finding f(ir damasjes under Article 5 of the modus vivendi of 1802, and Mr. Phelps admitted tliat tlic United States had on their side abandoned any claims under this head. Sir Charles then re-st^ited to the Tribuiial the replies which Great Britain contends should be given to the five? (piestions of Article VI of the Treaty, as set forth !tl pp. 2(5 and 015 of the British Argument, and after explaining that his argument bad been only directed to the question of legal right, as distinct from regulations, concluded bis speech with an eloquent a])peal to the Tribunal for an award in conformity with the principles of law which would be a victory for peace. Sir Cliarles, Avhose eoneliuliug words were listened to wi*^h deep interest by a large audience, was thanked by the President for the vigour and incisiveness of bis argument. Sir llichard "Webster then opened his speech, and addressed himself to an examination of the first four questions of Article VI of the Treaty, which he had not concluded when the Tribunal adjourned. I have, &c. (Signed) CHAELES II. TUPPEH. No. 03. Mr. Tupper to the Earl of Kosebery. — (^Received June 3.) My Lord, Paris, June 2, 1893. AT the meeting of yesterday. Sir llichard Webster continued his argument with reganl to the iirst four questions under Article VI of the Treaty, and discussed tiic interpretation of the expressions "Korth-west Coast of America" and " Pacific Ocean," as illustrating the Treaties of 1821 and 1825 between llussia and the United States and Russia and Great Britain respectively. Sir Richard had subst^antially concluded this part of his argument when tlie Tribunal adjourned for the day. I have &c. (Signed) * CHARLES H. TUPPER. No. Gl. Mr, Tapper to the Knrl of Rosehvry. — {Rccrtvrd June 5.) My Lord, Paris, June 3, 1893. WITH reference to my desjiatch of the 18fh April, T have tb'.' honour li> transmit to your Lordship copies of furtlier eorrcspuudeuce Avhicii I have bad Aviil; General i'o.tcr respecting the shorthand nctcs of the jn'oceedings befon; tlio Tril)ui :,, of Arbitration. I have, &e. (Signed) CHARLES H. TUPPEl!. Inclosurc 1 in No. Ot. Mr. Tupper to Mr. Foster. Dear Mr Poster, Paris, May IG, 189;{. HAVING reference to your recent requc.4 for copi(\s of the daily report of Sir Charles Russell's argument, as well as of the revised proof of it, when ready, it occms to me that tlu; experience gained by us both sin( e the date of our correspondence nn the subjec' of the shorthand notes, may enable us to resume the arrangement oriu:inally contemplated, wliereby the expense of the work would f-^ll equally upon the United States tiud Great Britain. If this is possible, I shall of course be happy to sup])ly v.m with complete copies of all the shorthand notes, and will see that they are regularly supplied in future. I laid upon your desk to-day three copies of the printed Report of Mr. Elliott. Sir Stanloy-Brown has also asked for and received a copy, and Mr. Williams, one of the Counsel for the United States, has expressed a desire for further copies. I take it that the printing in the case of Mr. Elliott's ilexwrt may be fairly 49 inding for ittcd that 1 contends :t forth ill anient had concluded •mity Avith erest by ii !uess of hi-; self to an he had not UPPER. e 2, 1893. ;ument with iscusscd iiic :;ific Ocean," nitcd States t when the TUPPEU. ,e 3, IS'.):'.. lionour li> io liad with tlio Trihur:.! TUPPEl!. ,/ 10,189:?. report of Sii' idy, it oeeurs i^ondence nii L.''ilii'ri/. — ^^Il^'Cl'ic('d .June T).) My Lord, Pnrls. .Jutie 3, 1893. I HAVE the honour to inclose, for your Lordship's informafi<>n, conies of a letter which, with the approval of Counsel, 1 addressed to Ma: r(.-,tei', and of his reply with regard to the (juestion of the owncrsliip of sealing vi -iaols engaged in the Behring Sea lishery I have, &c. (Signed) CHARLHS II. TUPPER. Inelosnre 1 in No. (i5. Mr. Tupper to Mr, Foster. Dear Mr. Foster, Paris, May 20, 1 893. REFERRING to the suggestion advanced on p. 130 of the United States' Counter- Case that some of the vessels for the; seizure of which dainag<'s are claimed by Her Majesty's Government, w(>re owned by citizens of the United States, and to the promise made to the Tribunal by the Attorney-General on the Uth May, that, if [691] II m 50 possible, the Arbitrators should not be troubled with the consideration of the subject, I now write to inquire whether we can agree upon the facts in dispute in order that the Attorney-General's suggestion sliould be made eil'ective. As regards Mr. Franks, I have not as yet complete evidence. As regards Mr. Boscowitz, this gentleman denies that he is the owner of the vessels, and further denies that he is an American citizen. And as at i)i-esent advised, I shall have to ask tlie Tribunal so to hold, unless of course it is pcKssible, as 1 hope it n\ay be, for me to come to an arrangement with you u])on this matter. Your suggestion being first made in your Counter-Case, it was not possible to produce in Court evidence on the point in theiH'dinary WMy, but Mr. IJoseowitz h;: mmis at the present moment to be in Paris, and I would suggest that a fair way ( f eliciiing the actual facts would be, t4iat we should examine, anil that you should cross-examine, Mr Uoscowitz in the jn-esence of a shorthand writer. His evidence might then be laid before the Arbitrators as material for a decision if this should be thought necessary }ty either side. I am, &c. (Signed) CIIAllLKS II. TUd'PEll. ludosm-e 2 in ]S'o. G5. Mr. Foster to Mr. Tuppei-. "Dear Mr. Tupper, -Paris, May 27, 189«. I HAVE the honour to acknowledge the receipt of your commtmication of the 2(5th instant, in which you inform me tliat a Mr. Boscowitz " liappens at the present moment to bo in Paris," and, in view of certain proofs adduced in behalf of the United States respecting him, you suggest that lie be examined and cross-examined here for the purpose of submitting his evidence to the Arbitrators as material for a decision on their part. An examination of: the Treaty under which the pending Arbitration is constituted miust satisfy you that I have no power or authortty to accede to your request. The manner in which evidence is to be submitted to tiie Arbitrators is precisely fixed by the terms of the Treaty, and no opportunity or method for such submission is therein afforded to either party except throiigii its respective Case and Counter-Cast. Besides, it would bsixlly seem reasonable to i.Uow one party, after the Case, Counter-Case, and printed Argument had been submitited and while the oral argument wjis in progress and near its dose, to examine an important witness on its ])ehalf, when the witnesses of the other party, whose testimony might be material to refute hi*; statements, were (i,00() miles away, and who could not be reached in time to submit their t(^stimony to the Tribunal. Ret'ei'ring to your inquiry as to whether we can agree upon the facts in dispute in <)rder that the suggestion of Sir Charles Russell might be made effective, I have pl(\asure in saying that I am pr(>[)arcd to concur with you in any statement of facts proper to be considered by the 'Iribunal and warranted by the evidence now legitimately before that Itody In closing 1 beg to remind you that the suggestion ". . . . that some of the vessels for tiie seizure of which damages were claimed by Her Majesty's Government were owned by citizens of the United States," was not for the first time advanced by the United States in the Counter-Case, as will be seen by reference U) the Case of tiie United States, Appendix, vol. II, p. 505. T am, &e. (Sign(Hl) JOHN W. UOSTKH. No. (K?. Mr. TupiiPr to lln- Eiirl of Rusi:b"i tj. — (liccfiieil .hnie 5.) My Lord, Paris, .lunr :i, lM):t. I II.WE the honour to transmit to your Lordship co|)i(;s of the olHciul I'rot: cols ISos. 19 to 'I'A of the proceeding.^ Ix-fore the Behring Sea Arbitration Tribunal. I have, &c. (Signed) CUARLLS H. TUPI'Kll. W .7 Inclosure 1 in No. 06. Protocole No. lO.—Se'uiice nt de la Grande-Brotagne . . CHARLES H. TUPPER. U> Secretaire A. IMBERT. [English Version.] Protocol No. Id.— Meeting of Tuesday, May 9, 1893. THE 'Irihiiiial assembled at 11'30 A.M., all the ^.rbitrators being-present. Mr. Fredvricli It. Coudert resumed his argument. At 1-30 tlie lYibunal took a recess. On reassembling, Mr. Coudert concluded bis argument. The Honourable Edward J. Phelps rose to inform the Tribunal, before the Counsel of Great Britain commenced their argument, that in his reply he would rely upon all the authorities and points referred to between pages 130 and 190 of the priuted Argunu-nt of the United States. The President said that the Tribunal would take note of the Honoumble Edward J. Piu'lps' declaration. At I P.M. the Tribunal adjourned to the next day at 11"30 a.m. Done at Paris, the Gth May, 1893, and signed : The President The Agent for the United States The Agent for Great Britain The Secretary , . Translation certified to be accurate : (Signed) A. Bailly-Blancharu H. CUNYNOHAME, ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. '} Co- Secretaries. i ] i •' Inclosure 2 in No. (56. Protocole No. 20.— Se'ance du Mercredi, 10 Mni, 1893. LFi Tiibunal s'est reuui i\ 11 heurcs 30, tons los Arbitrcs etaut presents. L'Ai'cnt dos fitats-Uiiis fait distribu(n' aux nicnibn's du Tribunal le compt steuographiciue, revu et corrige, de rargumontation do Mr. James C. Carter. Sur I'iuvitation du I'resident, Sir Cliarles Russell commence sa plaidoiri (!ndu ic i)our la < I niude- Hretagne. La seance est su>p 'UiUie a 1 heiire 30. A la reprise, Sir t'/iur/ci' Russell contiiuie sou argumentation. a rep GMIJ II 2 S2 A 4 lit u res, la seanco est levt5e ct Ic Tril)unal s'ajourno nu londemnin fl 11 heurcrt 8(1. Ainsi fait a Paris, li> 10 ^lai, 1893, ct out sigiu'; Lo President . . L'A^cnt d(;8 l*]tats-Ui)is. . li'Ai!;ent do la Grandc-Urctai^iic . Lc Secretaire . . ALIMI. 1)E COURCEL. JOHN W. FOSTER. ("ilAKLl'.S 11. TUPPER. A. IMRERT. [English version.] Protocol No. 20.— Meeting of Wednendai/, Mail 10, 1893. THE Trilmual assembled at 1130 a.m., all the Arbitratoi-s being present. The Aijeiit of the United States (saused to be delivcMcd to the members of the Tribunal a sliortband report, revised and corrected, of Mr. .James C. Carter's ar!?ument. Upon the invitation of the President, Sir Charles Russell began his argument for Great Britain. At 1'30 the Tribunal took a recess. On reassembling, Sir Charles Russell continued his argument At 4 P.M., the Tribunal adjourned to the next day at 1130 a.m. Done at Paris, the 10th May, 1893, and signed : Tile President . . . . . . ALPII. DE COURCEL. The Agent for the United States . . JOHN W. FOSTER. The Agent for Great Britain . . CHARLES H. TUPPER. The Secretary . . . . . . A. IMBERT. Translation certified to be accurate : (Signed) A. Baillt-Bi, H. CUNYNGHAME .ANCI£AKD,\ i.ME, J Co- Secretaries. Inclosure 3 in No. 66. Protocole No. 21. — Seance du Jeudi, 11 Mat, 1893. LE Tribunal s'cst r^uni a 11 heures 30, tons les Arbitres 6tant presents. Sir Charles Russell reprend son argumentation et annonce qu'il presentera, ^ uno date ulterieure, an noni du Gouvernement do la Grande-Bretague, une liste des questions de fait siir l(>s(niclli's 11 (Icrnandc au Tribunal de so prononcer, en execution de I'Artide VIII du Traito d'Arhilra-c. Le Pri-'sidi-nt fait roinarciiicr ([uo le I'ribuual roscrv(? son appreciation de ces questions, tout en laissant k Sir Charles Russell pleine lil)erte de traitor le sujet de la manit^re (jui lui conviondra. La seance est su>iponduo a 1 heure 30. A la reprise, Sir Charles Russell continue sa plaidoirio. A 4 heures la sdance est loveo et le Tribunal s'ajourno au lendemain Jl 11 heures 30. Aiusi fait a Paris, le 11 Mai, 1893, ot ont 8ign6 : Le President ALPH. DE COURCEL. L'A gent des fitats-Unis .. .. .lOHN W. FOSTER, L'Ag(>nt de la Grande-Bretague , , CIIARLE8 U, TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 21.— Meeting of Thursday, May 11, 1893. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present. Sir Charles Russell, in continuing bis argument, announced that on a future day he would submit on the part of Great Britain a list of the findings of facts, which the Tribunal was requested to make under Article VIII of the Treaty of Arbitration. (lemnin il CEL. II. PPER. it. embers of 1 Carter's iiiucnt for ICEL. ;r. rPPER. tera, h uno s qupstions k'ution d(3 ion tie ces sujet de la heiu-es 30. ICEL. R. UPPER. t. future day which the ition. 53 The President romarkod tliat those questions would he considered by the Tribunal with full libtifty for Sir (.'lmrl(>s Russell to deal with the matter us he thought proper. At 1"30 the Tribuna' took a recess. On reassembliujj; iS'r Chiiiles Russell continued bis ar!,'unient. The Tribunal adjourned at t v,.m. till 11 •.'}() tin- next day. Done at Paris, the lltb May, 18".);{, and sii,'iu'd : '1 b(> President The Ai,'cnt lor the United States The Ai,'ent for Great Britain The Secretary ALIMI. DE COURCEL. .lOII.N W. FOSTKU. CII.VULKS IL. TUPPER. A. IMUlillT. Translation certified to be accurate ^^Sijjned) A. B.\iLLY-Jii, 11. CUNYNGUAM \xcn.\iM), T -, (-, , . ME, J Inclosure 4 in No. 60. Protocole No. 22.— Seance du Vendredl, 1 2 Mai, 1893. LE Tribunal s'est reuni a 11 heures 30, tons les Arbitres etant presents. Sir Charles Russell reprend sa plaidoirie. La sdance est suspendue a 1 heure 30. A la reprise Sir Charles Russell continue son argUTientation^ A 4 heures la seance est levde et le Tribunal s'ajourne jusqu'au ^ardi, 16 Mai, k 11 heures 30. Ainsi fait ii Paris, le 12 Mai, 1893, et ont signd : Le President ALPH. DE COURCEL. L' Agent des Etats-Unis . . . . JOHN W. POSTER. L' Agent de la Grande- Bretagne . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. [Engliish version.] Protocol No. 22.— Meeting of Friday, May 12, 1893. THE Tribunal assembled at 1130 a.m., all the Arbitrators being present. Sir Charles Russell resumed bis argument. At 1'30 the Tribunal took a lece^s. On reassembling, Sir Charles RkssiII eoutiuued his argument. At 4 P.M. the Tribunal adjourned until Tuesday, the Ititb May, at 11-30 A.M. Done at Paris, the Vlt\\ Alay, lS!)a, and signed : The President The Agent for the United States . The Agent for Groat Britain The Secretary ALPH. DE COURCEL. .lollN W. POSTER. CHARLKS IL TUPPER. A. LMBEllT. Translation certified to be accurate : (Signed) A. Bailly-Bi..\ncii a uu, H. CUNYNGU.\ME, } Co-Secretaries. Inclosure 5 in No. 66. Proctocole No. 2S.— Seance du Mardi, 16 Mai, 1893. LE Tribunal s'est reuni i\ 11 heures 30, tons les Arbitres etant presents. Sir Charles Russell reprend sa plaidoirie. La sdance est suspendue h 1 heure 30. A la reprise, Sir Charles Russell continue son argumentation. / \ \n t(« A li h#en reviewed at some length the various contentions by which the (Jovernment of the United States have endeavoured to establish their claim to property or a property interest in the fur-seals frequenting the Pribyloff Island", lie had not concluded his remarks on this subject when the Tribunal adjourned until this morning. I have, &c. (Signed) CHARLES 11. TUPPER. No. 08. Mr. Tupper to the Karl of Rosebery. — {Received June 8.) My Lord, Paris, June 7, 1893. AT yesterday's meeting of the Tribunal, M. Gram opened the sitting with n statement as to the special rules concerning territorial waters which were necessitated by tiu; natural conditions of Sweden and Norway. . ^ Off ilemain h R. PPER. it. ^CEL. 3R. JPPER. TTo pxplainrd (hnt the fiords of those countries had hcoii from time immemorial cotisiderod as " inner waters," and that this principle iuul hecn always maintained evc^n !is against forcij^n snhjeets, The ;5-mile limii had nev(>r heen recognized hy citlicr country, nor had they concluded or acceded to ui y Treaty consecrating tliat rule. At the conclusion of M. Gram's remarks the President, wiiile hcgging both parties to hear in mind the explanation they had just heard, wisiied to state very distinctly that the question of the dolinitiou of territorial waters was not before the Tribunal. Sir liichard Webster then continued his argument on the question of property in Mie seals aiwl the sealing industry, and criticized in detail the positions maintained by tlio United States' Counsel. In the course of some observations directed to prf)ve the intermingling of the seals in Hehring Sea, Sir Richard read a passage from the Supplementary Report of th(! Mritish Commissioners. This drew forth a protest from Mr. l*helps as to the use which was being made of the document quoted, and after some discussion (rej)orted on ]»p. 136(i.71 of the shorthand n jtcs), it was arranged that the matter should be referred to at a later stage, when the question of Regulations was argued. I beg to call your Lordship's special attention to a statement made by Mr. Phelps (as reported at p. 14(2 of the notes) in the course of a discussion in regard to Prize Courts initiated by Senator Morgan. Mr. Plielps' words were as follows : — " 1 conceive that no question whatever in regard to tlie validity of the seizures, and no question whatever in respect of the right of the United States to seize any vessel hereafter, is submitted under this Treaty to the lYibunal so far as I am concerned." If this statement accurately i-epresents the position of the Unitetl States, it is difRoult to understand how it can be reconciled with the circumstances which led to this Arbitration. Sir Ridiard Webst«;r had not concluded his argument at the close of the day's |)roceeding8. I have, &c. (Signed) CHARLES H. TUPPER. M: I ; ,' (i, ISU3. ubster, after how little se of Alaska w e VI of the gumcnt was ge Canning 182L This respondence son that no lade to the ly which the ir claim to landi il adjourned I'UPPER. le 7, 1893. ttiug with !» necessitated No. 05). Mr. Tapper to the Earl of liosebery. — {Received June 9.) My Lord, P«m, ./«ne 8, 1893. AT the meeting nf the Tribunal yesterday. Sir Richard Webster continued his argument, and commenced by referring to the remark made by Mr. Phelps, to which 1 called your Lordship's attention in my immediately ])receding despatch, asserting that no question in respect to the validity of Rritish vessels was submitted to the Tribunal. After showing that the attitude thus assumed by Mr. Phelps was inconsistent with the suggestions made in the Case and Counter-Case of tlie United States respecting the proposed findings of the Tribunal, Sir Richard passed on to his main ai'gurafmt, which he shortly afterwards concluded witii some telling references to the rights of all nations to participate in ocean fislieries. On the conclusion of his speech, Sir Richard Webster was complimented by the President on the substantial and useful observations with which he had supplemented the argument of the Attoi'ney-Geuoral. liaron de Courcel added an expression of his admiration for the manner in which the Attorney-General of yesterday and to-day hftd worked together, and remarked on the enviable condition of a country where party -nirit admitted of such brotherly association when the national interest was at stake. Mr. Robinson followed Sir Richard Webster. He dealt generally yvith the various (, lestions of right which are at issue, and, after referring to the interpretation to bo [laced upon the terms " Pacific Ocean " and " North-West Coast," touched on the alleged aomestic nature of the seals, and the claims founded by the United States on this con tention. He concluded the proceedings for the day with an able and humorous criticism on the assumption by the United States of the position of Trustees of the industry. Mr. Robinson expects to conclude his speech to-day. I have, &c. (Signed) CHARLES H. TUPPER I <:-i ,' !• ^, IMAGE EVALUATION TEST TARGET (MT-3) /. ^ A ^ 1.0 I.I 1^128 |25 mm. li& 1 1.25 |U |i.6 < 6" ► Hiotograpbic Sciences Corporation 23 WtST MAIN STRUT WIBSTiR.N.Y. 145M (716) •73-4503 ' M 00 No. 70. Mr. Tapper to the Earl of Roaebery. — {Received June 10.) My Lord, Paris, June 9, 1893. AT tlie meeting of yestcrdny, Mr. Robinson continued l;is argument on the ])roperfy claim allcL'itl Ity tlie United States, and wiiile eonto?>.ling tiiat the eruelty of the methods had no l)earing on the question of right, he hrieflv diseussed the charges of this nature prefcrri'd agiiinst pelagic sealei-s. lie quoted from the Report of 5Ir. Palmer, to show that whatever barbarity theie might bo in the methods of killing seals ai sea, the manner in Hhieh the .seals were driven and killed upon the islands was more barbarous than ])elagie sealing. At the cU)8i! of Mr. Robinson's argument, Mr. Foster laid before the Tribunal a statement of the regulations which the Government of the United States submitted were necessary in the event ol the questions described in Article VI of the Treaty being decided in such a manner that the concurrence of Great Britain should be necessary to the estai)li8hment of such regulations. This statement apy)ears at pp. 1 170 and 1 177 of the shorthand notes, and, as your Lordship will observe, it amounts to a demand by the United States for the total suppression of pelagic sealing in the North Pacific Ocean. In the aftemocm, the Attorney- General addres.sed the Tribunal on the principles which, in his opinion, should be borne in mind by the Tribunal when approaching the question of regulations. He first dealt with the area over which the jurisdiction of the Tribunal extended. From the general language of the Treaty, he argued, that while it might be said that their jurisdiction extended to all the resorts of tlie fur-seal outside the territorial limits of either Power, from the diplomatic correspondence previous to the Treaty of Arbitration, it clearly appeared that all that was in the mind of the framera of that Treaty as the area in dispute was the eastern portion of Bchring Sea. Sir Charles Russell next proceeded to show that pelagic sealing had, at the worst, played but a secondary part in the diminution of the seal herd, and he was discussing this question when the Tribunal adjourned. I have, &c. (Signed) CHARLES H. TUPPER. No. 71. Mr. Tupper to the Earl of Rosebery. — (Received June 14.) My Lord, Paris, June 13. 1893. AT the meeting of the 9th instant, Sir Charles Russell continued his argument to show that the decrease of the seals u|)on the IVibylotf Islands could not have been altogether due to pelagic sealing, but was mainly attributable to the methods employed on the breeding islands. Sir Charles Russell then discussed the relative value of the sealing industri<'s at sea and on the islands, the coninion interest in sealing, and the other considerations to which he claimed attention should be given in framing Regulations for the proper protection and preservation of the fur-seal. The Attorney-General deferred to the next meeting of the Tribunal a consideration of the actual Regulations proposed by the Governments of Great Britain and the United States respectively. I llftVC &c (Signed) ' cilARLES II. TUPPER. 67 No. 72. h Mr. Tapper to the Eiirl of Rosehcnj. — {licceiird June 15 ) My Lord, Pam, June It, 1803. AT vostoiilay's meotinar, tiic Attorney-General continued his arjijument on the question of Regulations. He critieized in strong terms the proposal put forward hy the United States, as reported on ]). 117(5 of tlie shortliaud notes, for a total suj)pression of pelagic sealing from Behring Strait down to the 35th parallel of north latitude, east of the 180th meridian, lie eharacterized this pro])osal as involving a wider, more; reekless, and'more unfounded assertion of jurisdicti(m than the llussian claims under the Ukas(d tlu; nature of the llegulations suggested hy Great Britain, which are founded upon those put forward in the lleport of tlie British Commissioners. Sir Charles proceeded to refer to the recent agrcinnent with lUissia iw a. modus rirrndi in ri gard to the seal fisheries. He assei-ted that on the part of llussia there had been no claim to property in the seals or the sealing iiulnstry, that a zone of 30 miles was considered sufTieient for the protection of female seals, and that no seizures were asserted to be lawful but those of vessels whose boats had been fishing in territorial Maters. Some discussion arose as to the propriety of the reference to this subject, in regard to which I beg to call your Lordship's attention to pp. 15Gf)-1570 and 1571-1585 of the shorthand notes. The Attorney-General concluded his s])cech just before the midday adjournment, and was followed by Sir 11. "Webster when the Tribunal reassembled. Having referred to the question of the agreement with llussia, Sir llichard passed on to a consideration of the area over which the llegulations shouhl extend, maintaining that it should be confined to Behring Sea. He had just explained the arrangement he intended to follow in his detailed argument on seal life when the hour of adjournment arrived. I have, &c. (Signed) CHARLES II. TUPPEll. i' '>> 1 ! Ml ' I'd, i '^ No. 73. Mr, Tupper to the Earl of Rosebery.— {Ileceired June IG.) My Lord, Paris, June 15, 1893. AT yesterday's meeting of the Tribunal, Sir Richard Webster proceeded with his examination of the evidence on the varions points enumerated by him at the close of his speech on the ])r(>vious day, with the object of justifying the llegulations proposed by Great Hritain. In the course of his argument Sir Richard alluded to :Mr. Elliott's lleport, and was proceeding to read an extract fnmi an ollicial United States' publication, to show the confidence reposed in him at the time ot his selection as United States' Agent in 1800, when the Counsel for the United States objected. It was subsequently arranged between Counsel that no criticisms on Jlr. Elliott should he made by either side other than could bo gathered from the face of the lleport itself. Your Lordship will find an account of this incident at pp. 1022-24 of tlie short- hand notes. Sir Richard Webster will continue bis argument to-morrow. I have, &c. (Signed) CHARLES H. TUPPER. ■'i !1| : ' II [091J 68 No. 74. Mr, Tupper to the Knrl of RosKbery. — {Utrdved June 17.) »ry Lord. Paris, June 1 0, 1 Sn3. AT llifl moctinp of \\\c 'riil)unnl yostovday, Sir llicliard AVcbstrr foniiniiod liis arfjiiincnl in sii|)|)()rt of tlic U('i;iilafions su^i^csti'd hy (ircal Jlrilain, and examined in detail llio ovid(»nc«' on Imdi sides rc!jfardini» various points connected with seal life. Sir Kiclinrd expects to coneludo liis speech at the nieetini; of to-day. T have, Ac. (Si-ncd) CIIAllI.ES II. TUrPER. No. 75. Mr, Tupper to the Knrl of Jioirhery. — {Ilereiied June 10.) My Lord, Pnris, June 10, ISOH. AT the hot torn of p. .TIH of ilio Case presented on behalf of the I'nited States, a quotation is niado from a Report of ]\fr. (iolT, who was Treasury Aijoiit on the Trihylotr Tslands in 1S80. The dcMMiment from which tills exirael is taken is not included amom? the evidence ])resented hy the I'liited States, nnp does it appear in the Report of Mr. (lolV, wJiich was ])roduced hy the Ai;ent tor the rnited States in compliance with the notice addressed to liim l>y nu; on the Ih-d Odoher, ls<)2. 'J'he Rejxirt of 'Mr. (lofT jiroduccd refers to one of a Mr. "Manchester. Desirinj,', if jiossihlc, to liavc all odicial Reports touching' seal life he''ore the Tribunal, T made a verbal request to the Ai,'ent for tiie United Stales for a copy of the documents in <|uestion. A copy of the communication Mhich T have received from Mr. Foster in reply is inclosed herewith, for yoiir Lordship's information. It appears from this hotter that ]\Tr. JMister has no coj)y of the Report.s in his poss(>ssion in Paris, hut that had this Iktu the caKO, ho was of o|)inion that, under the terms of the Treaty, he was not bound to comply with my recpie-t. I do not think it will lie deemed necessary for Counsel to call the attention of the Tribunal to this incident, but i may observe to your Lnnlship that the course adopted by the Airent for the Lulled States does iu)t indicate? .". desire on his jiart to lay before the ■rribuiuil all the information respect iui: seal life which is in the possession of the United States' (iovcrnment. T have, &c. (Sifjnod) CIL\RLES II. TirPRRR. Inclosure in No. 75. Mr. Foster to Mr. Tupper. Dear Mr. Tupjier, Agenni of the United State.1, Pari.i, June 15, IHO:?. HEFKI{RINO to your verbal reepiest for copies of the Reports of Aurents Manchester and OolT. T have to slate that upm examination I tlnd that we have already furnished you with the (iolf lleport cited in our (.'ase (p. 153). Tho second referenco in the Report of the United States' Commissioners (p. .'VW) appi.-ars to he anolher Report than the one furnished you. In a search throuuh the ])ublished Rejiorts of the Unit< d St.at<'s' Treasury IVparl- nient in my poss(>ssion, neither the Manchester nor second (JolV Rei)ortsnn5 found. It Mould thercfon> be necessary to apj)ly to the Secretary of the Trea.siuy for cojiies, should it he decided to accede to your nujuest. R\it, in consultation with the Counsel for my (iovernment, it is not d<'emed proper hy them that llic terms of the Treaty as to evideiu-e should be departed from at this late day in the procccdin;,'s, esj)ccially jis n<>ither of tlie Keports iu question have been cited iu cither the Case or Counter-Case of the United States. Verv trulv, SiC. (Signed)' ' .lOlIN AV. FOSTliR. T 60 No. 70. Mr. Tiipiicr to llw I'lml nf lioschciy.- -{Jlfvrii rd June 21.) My liord, Paris, June 20, WX\. \'V till' mrt'lini; of llio Trilxmal Ixld on llic lOtli inslaiii, Sir RicLanl W«ibbtor contimifd IiIn sjiotrli on tlio sul)j<'«!t ol' IU'!;"l''''i<"'*^. '"'"d '''** arfjumi-'nt was directed to l)roV(! tliiit tlio iwoiif deerc.'isii (disorved in sc.il iilc was duo in a lar^o nieasiiro to tilt! iiisiilIii'ioiK'y of l)rc('(liii^ malt's on tlio I'rihylolT Islands, l)r()Ui^li( alioiit by the system of killing' on land praetiwd luider Ilii> eontml of the I'nited Slates. Sir lUfhard was unable to coneludo bis spceeli before the bour of adjournment. f hove, iVe. (Signed) CITARLES H. 'rUlTEll. Ill No. 77. Mr. Tuppn to the Earl of lloscbrrij.-~{Rccclrcd June 22.) My liord, Pnris, June 21, 1893. Sll! niCJTATM) "WKI^STKIJ, before tlu; Tribunal yesterday, (rontinucd bis argument witb regard to the seareity ;>f male seals <.m the breediiig-groimds, and dwelt U[)n\\ tbe injurious elVeet of lb'! system of driving, as practised on tbc islaiise proj)osals, Avbich will bo found rc])orted at pp. 177'.)-17'.)Oof the slun-tband notes. At tbe conclusion of Sir Ilicbard's s]»oecli I read to tbe Tribunal the document, of which a cojiy is inclosed, setting forth tbe ilndings of fact witb regard to the seizures of British vessels, wbieb botli parties were jireparcd to agree to. Vour Lordship will remember that, as reported on j). 120J) of the notes of the jtroceedings of the aOth day, tin; Attorney-(ioneral submitted to tlu; Tribunal a suggestion on tbo part of Great Uritaii. as to what these Ilndings of fact should be. An alternative propo.sal was subseejuently put forward on behalf of tbo United States, as rejKM'ted at p. 14.77 of tbe prooecdinjjs of ilie IJutb day. A conference was shortly afterwards held between tbe Agent and Counsel of both parties, at which the terms of tbe findings to be suggested to tbc Tribunal wen; agreed upon. At this conference, it was understood that there was no intention on the part of tho I'nited t lates to place obstacles in the way of further consideration of the amount of our claim for damages and the ownership of the vessels seized, and tiiat Avhile these subjects would not be pressed upon the Tribunal, our rights sliould not be in any way prejudiced. A short discussion arose on this paper, which is reported at pp. 1 7!)!)-lS02 of the notes. Mr. llobinson then continued the discussion on Ilegulatious on behalf of Great Britain, lie bad not concluded bis speech at the close of the day's proceedings. I have, &c. (Signed) CHARLES II. TUITER Inclosuro 1 in No. 77. Ucfjuhtllon.'t. ALL ve.. No rifles or nets sliall l)e used in jM'laijjic sealing, (i. All sealing vessels slial! be required to carry a distinguisbing flag. 7. Tiic masters in cbarg(! of sealing vessels sball keep accurate logs as to the times and places of sealing, tlic number and sex of the seals captured, and shall enter au abstract thereof in their oflicial logs. 8. Licences shall be subject to forfeiture for breacli of above Regulations. Inclosurc 2 in No. 77. J'indiiKjs of Fact prnpourd by the Agent of Great liritnin and aijrecrl to as piorcrl In/ the A(jcnt /or the United States, and suhmitte I to the Tribunal of Arbitration for its consideration, THAT the several scarclies and seizures, Avhether of ships or gomls, and the sev(;ral arrests )f masters and crews, respectively mentioned in the Schedule t/O the ]?ritisli Case, p].. 1 to (>(), inclusive, were made liy tlie authority of the I'nited States' (Government. Tlic (jucstions as to the \t\\iw of the said vessels or tlieir contents, or either of thein. and the question as to Avhether the vessels mentioned in the Schedule to tlie Ihitisli Case, or any of them, were Mholly or in part the actual property of citizens of the IJniteil States, have been withdrawn from and have not been considered by tlie Tribunal, it being understood tliat it is open to the United States to raise tliesc qiiesiions, or any of tin m, if they think tit, in any future negotiations as to the liability of the United States' Government to pay the amounts mentioned in the Schedule to the Ib'itisb Case. 2. That the seizures aforesaid, with the exception of the "Pathfinder," seized at Neah Kay, were made in IJehring Sea at tlic distances from shore mentioned in the Schedule annexed Ivreto, marked [C). 15. That the said several searches and seiziu'cs of vessels vrovG made by public armed vessels of the United States, the coMunanders of which had, at the several times ■when they were made, from the Executive Department of the Government of the United States, instructions, a copy of one of which is annexed hereto, marked (A), and that the others were, in all substantial res[)ects, the same ; that in all tiie instances in which proece(liiuj,s Avevc had in the District Courts of the Uniied States resulting in rf)ndemnation, such proceedings were begun by the tiling of libels, a coj)y of one of which is annexed hereto, marked (K), and that the libels in the other pi-oeecdings were in all substantial respects tlie same; that the alleged acts or oiVences for whicii said several searches and seizures were made were in each eas(; (hme or committed in lieliring Sea, at the distances from shore aforesaid; and that in each case in whicii sentence of condemnation was passed, except in those eases when the vessels were reU'ascd after condemnation, the seizure was adopted liy the Government of the Uniied States ; and in those cases in which the vessels were released, the seizure Avas made by the authority of the United States. That the said liiu^s and iiupn'sonments were for alleged breaches of the municipal laws of the Inited States, whicii alleged brtjaches were wholly committed in Kebring Sea, at the distances aforesaid from the shore t. Tiiat the several orders mentioned in the Schedule annexed hereto, and marked (C), warning vessels (o leave or not to enter Hehring Sea, were ma«le by public armed vessels of the United States, tbocoinmaiulers of mIucIi had, at the several times when they were given, lik(! instructions as mentioned in rinding 3 above proposed, and that the v(;ssels so warned were engaged in sealing or prosecuting voyag(>s for that purpose, and that such action was adopted by the Government of the United States. 5. That the District Courts of the United States in Avhich any proceedings were had or taken for the purpose of c(mdcmning any vessel seized, as mentioned in tlic Schedule to the Case of Great Britain, pp. i to CO, inclusive, had all the jurisdiction and powers of Ccmrts of Admiralty, including the prize jurisdiction, but that in each case the sentence pronounced by the Court was based upon the grounds set forth in the libel. 01 Annox (A). (Sec British Coimtor-Caso, Appendix, Vol. I, p. 72.) Treasury Department. Office of the Secretary, Sir, fVnslutKjlon, April 2\,]S86. Kcrorriuij to Dopartnicnt li'ttor of tliis date, dircetiiit; you to proceed with the revemiL'-sto.iiiiPv " Hear," under your conin.and, to tlie Seal Islands, &c., you arc hereby elothed Avith full ])o\ver to enforce the law contained in the provisions oi Section l,fir)(5 of the United States' IJevised Statutes, and directed to seize all vessels, and arrest and deliver to the proper authorities any or all pci*sons whom you may detect violating tlie law referred to, after due notice shall have neen given. You will also seize any li(|uors or fire-arms attempted to ho introduced into the country without proper permit, under the provisions of Section 1,95,') of the Revised Statutes, and the Proelaraation of the President, dated the 4th February, 1870. llespcct fully yours, C. 8. Faircuii.d, Captain M. A. ITkai.v, Acting Secretary. Comvinndinij livrenuc-sleiimrr " Dear," Sun Francisco, California. I Annex (H). (See British Case, Appendix, Vol. Ill, "United States No. 2, 1890," p. GO.) In the District Court of the Inited States for the District of Alaska. August Special Term, 1886. To the llonoiu'ablc Lafayette Dawson, Judge of said District Court: Tiie libel of information of M. D. Ball, Attorney for the United States for the district of Alaska, who iJi-oseeutes on behalf of said United States, and being present here in Court in his j)roj)er person, in the name and on behalf of the said United States, :ig;iinst the schooner " Thornton," her tackle, ajiparel, boats, cargo and furniture, and against all persons intervening for their interest therein, in a case of forfeiture, alleges and informs as follows : — That Charles A. Abbey, an officer in the P.evenue ^Marine Service of the United States, and on s])e(!ial duty in the waters of the district of Alaska, linietofore, to wit, on the 1st day of August, 18S(), within the limits of Alaska territory, and in tlie waters thereof, and within the civil ;uid judicial district of Alaska, to wit, within tl;e waters of that portion of Behring Sea belonging to the said district, on waters navigable from the sea by vessels of 10 or more tons burden, seized the ship or vessel, commonly called a schooner, tlu! "Thornton," her tackle, ajiparel, boats, cargo, and furniture, being the property of some person or persons to the said Attorney unknown, as forfeited to the United Stales, for the following causes: — That the said vessel or schooner was found engaged in killing fur-seal within the limits of Alaska Territory, and in the waters thereof, in violation of Section 1,956 of the Revised Statutes of the United States. And the said Attorney saith that all and singular premises arc and were true, and within the Admiralty and maritime jurisdiction of this Court, and that by reason thereof, and by force of the Statutes of the United States in such cases made and jirovided, the afore-mentioned and deserilied schooner or vessel, being a vessel of over 20 tons burden, her tackle, apjiarel, boats, cargo, aiul furniture became and forfeited to the use of the said Unitinl States, .and tliat said schooner is now within the district aforesaid. Wherefore, the said .Attorney prays that the usual process and monition of this honourable Court issue in this belialf, and that all persons interested in the before- mtmtioncd and described scdiooncr or vessel may be cited in general and special to nswer the premises, and all due proc(;edings being had, that the said scboonei or vessel, ucr tackle, apparel, Ijoats, cargo, and furniture may, for the case aforesaid, und others '^'■4 'I in ap{>oaring, bu coiulomncd by iliu delinitc sciitoiuic and d*, Onward . , 2, 115 „ , , *) Favourite . , 3, Warned by " Corwcn " iu about the sumo ])osition as " Uiiward.'' ■ Annm Deck . . July 2 1887.. (>G miles . . . . t • Hush. W. r. Sayward 0,' 59 „ . • 1» Dolphin 12. •10 „ • . M Grace 17, sm ., „ Alfred Adams August 10, fi2 ., • . ,, Ada 25. 15 „ « . Bear. Triumph •1, Warned by " Kusli " not to Behring Sea. cuter Juanitn July 31, 1889 .. 66 miles • • Hush. Pathfinder .. 29, 50 „ „ Triumph 11, Ordered out of Itehring Seu by " (?) As tu position when iio miles Hush." varned. If niack Diamond 11, tin miles , , It Lib- August 6, Ordered out of Uehriug Sea by " Rush." Arid July 30, ». ,, ,^ Kate August l.l, ,* »» 11 1) Minnie July 13, 65 miles • • Pathfinder .. March 27, Seized in Neah Bay , . • < Cur win. No. 78. Mr, Tupper to the Earl of Jlosehery. -^{Received June 23.) My Lord, Paris, June 20, 1893. I UAVE the honour to transmit to your Lordship copies of the official Protocols Nos. 21-29 of the proceedings before the iiehring Sea Arbitration Tribunal. I have, &c. (Signed) CHABLES H. TUPPEll. Inclosurc 1 in No. 78. Protocole No. 24.— S«'anre da Mercredi, 17 Afai, 1893. TiE Tribunal s'pst renni » ] 1 lieuros 30, tons los Arbitres i5tant presents. Sir Charles Russell rcprcnd son argumentation. A 1 beurc 30 la s(5ance est suspcnduc. ' ' ' ' 68 A la ropriso, Sir Charles Russell continue sa plnidoirio. lift scnncio ^Ht lov<5o » 3 lienros 40 ct lo Tribunal s'ajourno jusqu'au Mardii 23 Mai, 1HJ)3, I, II Iionrcs 30. Ainsi fait il Paris, le 17 Mai, 1893, ct ont sign*'* : Lc Pnvsidont ALP IT. DE COTJIvCEL. L'Agont (los Rtats-Unis .. .. JOHN W. FOSTKH. L'A^cnt do la (l^mdo.^r(•(a^MlC . . CJHAlUilW II. TUPPEll. :i>' Scert'tairc A. IMF3EUT. [English version.] Protocol No. 2L—Meetiiuj of JVerhesdmj, May 17, 1803. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present. •Sir Chnrhs Runsrll resumed his argunu'nt. At ]*30 flu! Tribunal took a reeoss. On reassembling, Sir L'hitrhg Russell (!outinuod his argument. At 3'4(» r.M. the Tribunal adjourned until Tues(iav, the 23rd Jlav, 1803, at 11-30 A.M. Bone at Paris, the 17th ^May, 1803, and signed : The President Th(i Agent tor the United States. The AgcMit for Great Britain The Seeretary ALPTI. DE COrilCEL. JOHN "W. FOS'I'KH. CHARLES H. TUPPEll. A. LMBEllT. Translation certified to be accurate : (Signed) A. BArLLV-BLAXCHAnDi 11. CUiNYXGll.VMK, ''j-C. Co-Sccrelaries. Ji Inclosure 2 in No. 78. Protocok No. 2').— Seance dii Mardi, Mai 23, 1893. LE Tribunal s'est rc^'uni ii 11 heures 30, tous les Arbitres ctant presents. Sir Charles Russell reprend sa plaidoirie. La seance est suspendue h 1 heurc 30. A la reprise. Sir Charles Russell continue son argumentation. A 4 heures la seance est IcvJ'e ct lo Tribunal s'ajourno an lendomain i\ 11 heures 30. Ainsi fait il Paris, lc 23 Mai, 1803, ct ont sign^ : LePresideut VLPTT BE COFRCEL. L'A-ent des l';tats-Unis lOIlN W. J-'OSTER. L'Agent de k (.irandc-Rrotagne .. CIIAIJLKS H, TUPPER. Le Secretaire .. . .^ ..A. IMBERT. ii i [English version.] Protocol No. 2o.— Meeting of Tuesday, May 23, 1893. THE Tribunal assembled at 11 '30 a.m., all the Arbitrators being present. Sir Charlci Ru8.sell resumed liis argument. At 1*30 the Tribunal took a recess. On reassembling, Sir Charles Russell continued his argument. (U At \ P.M. tlio Trihiiiml lulioiirnrd lo Itif iioxf iliiy,!il WW a.m. Done at Taris, tht< UMiil Mnj-, IMUa. mid sii,'M.(l : tim< iv. Im- accuralc ; (Simirh A. H\lM.t -Ml.ANCUAUK, 1 ,. ^, II. (•.s^N.illAMi;. j(<>'Snrrlan.:s. lm'lsl sns|)i'nilni' a 1 licnri' W. A la rcprisi', Sir Vhnilcs /v'l'.v.v// i'iinlinn<< sa pl.'iiddirif. A I liciHTs la si'ancc «>sl Irvro el Ii< 'rrilmnal s'ajoiinio au l<>nd*Miiain a 11 iHMirt's iW. Aiiisi fail i\ I'aris, 1(> 'J I Mai, isit.'l, ft out Ni;;iu' : 1,0 I'lvsid.nt AM'II. Di: COIMU'KL. i;Aj:.Mit drs Kt.nls-l'nis hHIN AV. Kn.srilll. i;Ai;rnt d(«la(;rnnta;;n.> .. ('IIAHMIS II. Tl' ri'KIJ. Lo Sivr.'lairr \. IMniOlM'. I I'.Mglisli vorsioM.] Protocol Xo. 2(\.—Mffli>i,/ of Wrilnrsdnii, Muij "J I, \S\Y.\. 'I'lIK 'rrilmnal nssiMultlod at II lit) a.m., all llio .\rl)ilra(i)rs lioiiii; iiroscnt Sir Chiirlrs liiissvll rosnincd liis .•iri^iiniont. At 1 .'<(* tlio 'rrilnmal took :\ rooos.s. On roa.s.soninlin!;, ^ir Cliarlm /\'i/.s-.vr// oontiniiod his aitjiinionl. .\t I P.M. tlit> 'rrilninal adjoiirnod to llio no\t on>tary Translation oortillod to l>o aoourato : (Sii^nod) A. IV\ii.i,y-Hi.an( ii xiti), 1 ,, ^. II. riNVNM.AMi;, ]'"-V'"^/ A I, I'll. Di: coriicKh. .KHIN w. rosTi;i{. CIIAUKKS II. TlJI'l'Kn. A. IMIUlUr. I rim. Inolosiiro i in No. 7S. Protocole So. 21. — Se'oncf ihi .Jeiitli, io Moi, 1M).'5. lil'i Tribunal sVst ivnni a 11 limros .'10, tons los .Ailtilros ofanl prosonts. Sir Charles Ru.istU roprond sa plaidoirio. Ji\ sranoo ost suspoiuliio a 1 lioiiro 'M). A la ropriso, Sir Cluirlrs Uu.i.sell poursuit sou ar(, \H\V.\. 'rill! TrilMitial MN'-cinlili'd al I \'V) a.m., nil tlir Arlti. riitorH Iiimiii,' pD'si'iit. Nir CliailvH ItiiXHrll rcHiiiiii'ii liis ;trL;iitiii-tit. Al \'M) llif 'rriliiit.al look a rci-fHM. On rt'tiMHi-iiililiiii;, Sir Chnrlrn /^-Ul,\V( IIAItl),! ,, ,, . . II. h Arl)i(n>8 dUint prt^wntH. .Sir Chitrii'H Husirll ri'hn'nd son ari^unii-ntution. Idi Nran«'<' est HnH|M>n(liif a I linirr .'(0. A III rrprisc, Sir i'luiiln Riixsrll conlinuo sji plaidoiriu. A \ lirnrcs la wnuh-o cnI Irvt'-i- it Ic 'I'lihinial HajouriH' juHinrau Mardi, MO Mai, i\ 1 1 lii'iin'N :iO. Ainsi fail a I'iiris*. Ir L'd Mai. IMCI, rt ont si<,'nf : ]^ l'r('si(|,.nt AMMI. 1)1! COIfltCKL. l/,\-;nil (lis Kliils-liiiH lOIIN W. ro.STKH. l/A-i-nl d.- la Unindi-llrila-no .. CII.MM.KS II. TUI'l'KIl. I^- HcnVtaiitj A. IMUKUT. [ l'!n;;lisli vciNion. | Vroiiiioli' Xii. 2h. — Mi-vtiiiij i,f Filtlai/, .Miii/ 2(i, 1S!(3. TIIK 'rriliiMial !ivscml)li'd al 1 \ W a.m., all lln- Arliitrutors bcinf; iircscnt. Sir Cliiiilrs l\ii.>i.Hi'll t'i'snincd liin :ir!.runicnt. Al r.'t'i 111!' Triltiinal look ii n-crs,. On rt'.isscnililin;;, Sir Chnrlfs Hussi-ll cnnrMiucd liis art^nmrnt. At 4 P.M. till- 'riiliiinal aiijoiirni-il iinlil 'I'lics lay, May :$<», at U'.V) A.M. l)uni! at J'aris, tin' L'litli .Mav, IMKt, and sii^iit'd : Till' I'n'sid.nt* .. .. .. ALI'll. 1)1! COIJRCEL. 'I l.i^ A-.'nMortli<' I'niti'd States .. .lOll.N. W. FOSTKR. Tln^A-int lor (ileal Mi'ilaiu .. (MIAISLKS II. TUPl'ER. 'I III! Secretary A. IMRERT. Traiisl;ili()ii certilicd to \n\ nceiinito : (Sii;m'd) A. MAii.i,Y-Hi.Ai:f'ilAUl), 11. ("UNyNOIIAMi;, • * }c., 'O'Secretariea. I ( HI [691J 66 1iK*lo8iiri> ({ in N«). 7^*. Prolocole So. 2\l—Seanrr du Mnrih, 'M Miii, IKJW. LK Tril)uiiai tt'ent rmini ii 11 hourcH iiO, tons les Arbitrcit vtuiit |ll'u^L'llt8. Sir CtiarlfM RunMrll ropn'nd s(ni ar^uini'iitntioii. A 1 lu'iin* :I0 \n sinitk')' onI ttii!«|M>n(l''<\ A la n'liris*', Sir Cliarlen Hunsell u<»itiiiiit> s-i |)lai(li>ivio. l.ft sraiice est li'vi*o a 4 liciiroH, ct lo Triliiinal H'njoiinu' aii It'iiduiiiaiii i\ 1 1 lioiircs .'to. Ainsii I'nit a I'ariH, le .'iO Mai, lltlKt, et out sii;iu> : JiC I'n'sidont .. AI.IMl l)K COUllCEL. L'Asfiit do8 fitats-Unis lOIIX W. I'OSTKH. L'AK«Mit di> In (irunde-lirota^no .. CilAltliKS II. Tl'TrKll. 1a» SemHairc A. IMniillT. [English vpi-Nion.] Protonle Xo. 2{).— M;etinn of Tuendai/, May 30, ISUJl. Till' Tribiinni anfiembled at II'UO a.m., all the Arbitrators beint; present Sir Charlm Runnfll r>'aumod his ar^unuMit. At i;U) the Tribwnal.*iH>k a «m«('ss On reas8i'nil)linff, Sir Ckarle» iiuxtieU continued his argument. At t P.M. the Tr'iM'.nal adjourned to the next day at il"30 a.m. Dune at I'arin, tiu; 30th May, 1803, and signed : The Prewdent The Agent for the United States . The Agent for Great Britain . 'ITie Setiretary ALI'II. 1)E COURCEL. .lOIIN W. FOSTER. CHARLES II. TU ITER. A. IMBEllT. Translation certified to be accurate : (Signed) A. Baillv-Blancharu, II. CUNySOHAME, •] C'li- Secretaries. No. 79. Afr. Tupper to the Earl of Rosebenj. — (Received June 23.) My Lord, Parig, June 2-2, 1803. THE argument on the British side in the Behring Sea Arbitration having now concluded, I have deemed it my duty to consider whether some reduv-tion cannot Itc made in the Staff of this Agency in accordahcc with what I know to be your Lordsliip's wish, that exjjense should, as far as |K)ssible, be spared. With this object I have already dispenstnl with the services of Mr. J. M. Macoiiii, whose assist-ance I consider to be no longer n»>ci'ssary, and I have thought it right to inform Mr. Box, the Junior Counsel, that, as the oral argumeitt of the British Counsel has terminated, he can now be relieved of his duties here. I have great pleasure in expressing to your Ijordship my appreciation of the ability and assiduity displayed by Mr. Box in the course of the prcpuiation of the Counter-Case and written Argument of (Jreat Britain, and of the valuable assistance he has rendered during the oral arguments of Counsel before the Tribunal. 1 have, «&c. (Signe3. AT tlu'iMiinnH'ntvnu-nt of yostonlay's prncirdin^, Sir UiirlmnI Wil)st(>r Iwinded in to Mil- Triluiiial copit-s of tlu'corrosponiU-nfc juut laid bcfort' rnrlinniont cuntuiniiiK the report of the Uussian Commission ros^)e('tin^ tho si'iznrcH of Mritish vcssoU off tho Coinmnnih'r Ishmds. ||t« was pnH-owhnj? to ri'ad from tliis papor wlini t!ic Unitwl States' Counsel o))jt>ctf(l to its reception if pi't forwanl as evidenec. Some diseussion ensued on this sulyeet, and the President, after ecmsidtation with his eoJUa^ues, nnnoiineed that the Trihnnal would iiear the (hH-niMcnt, hut would reserve tu themselves to eonsider whether it should he received as t'videnee or not. Sir Uiehard thereupon read extracts from M. Chichkine's note to Sir 11. .Morierof the 2l»th .May (KUh .lune), \x\V,\, showing; the readiness of the Uussian tJoverninent to proceed to the assessment of an indemnity to be paid to tlie ownci-s of the two British vessi'ls which were seized witiiout pvoof of havinf: lished in Uussian territorial waters. Mr. UoltiuMtu then continued his s|ic*h'Ii. lie arifucd at some length to prove that the area over which any Uefjulatious to 1)0 made hy the Tribunal sboiild extend oui^lit t. ' conlincil to Mehrilig 8ca, and had just ctmeluded his address when the Tribunal adjo. i d for the day. Mr JMiclps is to commence bis reply on i)ehiili' of the United States at to-diiy's meeting. I have, &c (Siifned) CHARLES IL TUlTEll. No. 81. Mr. Tiipper to llif EnrI of Rosibcry. — [Received June 24.) My l>()rd, Piiri.1, June 2.S, IHJKl. AT >he meeting of the Tribunal yestenhiy, Mr. Phelps commenced his njply on behalf of tiie United States by dclinin^ what he maintained had been the position of his tiovernment throughout the controversy, namely, that the actual facts of seal life and tlie preservation of the species were the main objects of the Arbitration, and that all (|uestions as to jurisdiction over Hehring Se^a and the title thereto derived by the United Slates fiom Russia were merely secondary considerations. lie attributed the firm attitude taken up by Mr. Blaine on the jurisdictional claim ti» the fact that he had been drawn away from the main subject of the contro- vcr-jy l)y the adroitness of the arguments put forward by Lord Salisbury. Mr, Phelps then dwelt at some length on the negotiations for a close season which took jilace in 18*^8 between Lord Salisbury and himself, and maintained that a distinct agivenient had then been arrived at, which, owing to the objections of Canada, had been fubseipu'iitly renouncetl. lie next proceeded to criticise the attitude of (Jreat Britain in the controvei-sy, maintaining that, while at first she had been willing to join in Regulations necessary for Ibe preservation of the seals, her present position was merely that of the champion of jM'lai;i<' sealing lie concluded his remarks for the day by a definition of the principles of inter- national law, wiiich he considered should guide the decision of the Tribunal, 1 have, &c. (Signed) CUAULKS II. TUPPEU. n ii [oinj K 2 Ni. Mtt, Mj I, .Mil, f'llH". /...ir- 9M. |H\t!l \ IIWI' (!»<• li.Mi.Mtt «.» cull \»iin riicililtliiU tHIiMilliMHit ll(i« hi'i'CM«ily «lilt'lt, In H\J «j*(nl«>t\, <'\»<(«i Cm llt«> iMcxi'm'i' ul Hi>i X1h|i'^I\'m Vlloim') UctiiMiil lii'to I iu»\ cnnxnici'il t\\\v\ »(»o>>( ctucliil iilt«i>i \tiUi>M (lin( i( Im \i't\ tliMlntMc Itn liitti I" )>.> u< ron»( «l»nitnt tl«t> »viilv nl' M» Plicl|i'>, i»nil |Mti(|ti(li(il\ wUvw lliitl iirittli'tiDtti il.,«K«iil» il»> miliii'.'l .>( U.'.iuliHionM ll ix l»n|nnlinlilc llini Mt ri(il|tM «ll| «|iii»l. I>.'X>>\>«I I'oil^n <>i'\(, i»nil l(«' ^1"ln(nl'^ liix iH.i|*Htti'Ml mi rni"»iii<, \\\h\ tuit.iMiliil (i> l,iMiilttn litilm. \Oll, I liM'l mm-, intiHitii J»<< U« «ln" i<|i|ini'«\ I Ivnr r\|i»>««m"il, \ Inn I', i%r ^Hii^nnn <'M VIIMM It rlllM'liH S»V. f»>ln,;.l <»/f»iv, ,>t,i(r 91. I Mil,! < U \\ I" osiMXcl \\Mn ili'-nvtdlt i>r (lii> '"^iiil iim(fit»(, »i'|tiii)iiiu Ijitt) lln- t<~<\\\^>«. >>!' M< .1 M Mi\>'on» l>t»M' Imm'm iliiiii'OMi'd «Hli, ittnl lltnl _\iiii liiMt< iiImh »\ lIuM lu> >« no loi>HTi' (I'liiiiii'il li> tiMonln lit I'm it. NN InUl !«|<(M\>\ itt>i \im> mI'iIoiI, i Itini- In t<>)iiril ll\i< \ ,'«ltitililt> ii>««t> mitli'ii'il It) Mt. \\<\\ lit rnMtti'i' )>.\u \<\\1( ill.- I<>l(\n\ij Sist A\lMlU'«. I iiui, iVi' ^Nigti.'ih llitM|a)|;||\ No SI M\ \ -^^^l /'.I. I., J,i>,r ;'7. IHU.'I \ l iho »»\»\M«n>; o) (1\<- V\'\>.t:»i\| Mr riu'l|ix ooiilimioil Ihm nrdiiiniMil, iiinl. !*t>ov .l«\*U«jf mUU tl\o j«\u»MploH of i»(o\nrtlioi\,'il li>«, «l»iili, ln> hclil. mIihiiIiI miiilr (I'.o %i»v<*UM\ of tl(0 rvil>\l. |M\s>oo«lo«l 1o >>oi\>lu.Usl {\\\y |H»rlu>» o"' Mm s|>oooh itl (lio onil of (lio tUxy'n pro I hnvo, \if/vcr fi> /*.> K«n7 0' ^^>^•r^frv. — (, />Vni. /».M»,v. ./luif l!H, ISICI. AT :ho mtvtir.jj of tlu» Tribunal yostonlay. Mr. Plu'lps oonliiiuctl his Npocch, ami, i« tV.nrrtVtior. wilh xhc lintrtl Siatos' olaim to pix>poitv in ll«> ,soaU, ijonil willi lIu' «3U0siic»n v>f Jhe inlormiusiliui; of tlio Kussian ai\il .Vmonoaii honls. «juosiic»n Aft IIIm Mftfttttii'til fill (li|ii >ii(li|it iMti|ilt(n( (if (h(< i\ny, niiii wnn |MM|Mt(()l*>i| xlinilly lii'lntM |hi> MlljiilltMIMtiMl . I hrivc, iVc N.. MO, Ml 7'm/(/(i'( III //(<• /'■|<(/ n/ Itnoi'lnlii ill I'ifiil hiiii' MO ) Mil I'lllll/I'M I'liiiliMiM il, lii'liir" Mm 'riiliiiiiiil v^l'idny. I'li 'ir^iMri' lit liinliMi/ «vlllt IliK |i(ii|H'ily ImIi'II'oI' In llii' nmmIIiiu liitliiiliy ilMiiiiDl tiy Hi" r'mliil Mlfil<' iiiM'liiitr III' Mill 'Il iliiiiiiil Im'IiI nil llir '.MMIi .liiin'. Vli riii'l|H i'<,i,iiiiiii.|| t,|c) lll'iillllli'lll In qlliMI Imil llli> l|i||iliillill rii'lili nl' ii iiiilj'ni vtiri' 'iilinlili' iif l■K^l uaini, fiir llli> |iill|iiiqi> III' |iliili'i lllijr iiiiirliii' lilii|ii'lly III' i-iii|i'iiviiiiii'il III liiMlily llii' mIiiIi'Iiii'IiI. in (ln' I nilcil Hl/ili'q' A r((iiini'nl., Iliiil Itimiiil liilil itMHi'ili'il Mini i'^i'ii'Imi'iI mull i'< I iii li 1 1 ilni Jul |iii i^iln li'iii, fiiini lln fi,irf- q|iiiMi|i'iii'i> i'i flic ('.'imuUt-C^v. r>f Ori'iil Iti'ilnin, anil niainlaini'd tliiit (In; wi-iglil of the gcii^rapliit.-ai <:v\di:u(:ft supp>rU.-aty. 70 Mr. I'h(>lp8 had conoluiled his examination of the Treaty of 1824 whon the TrilMiniil rose for the day, and will proceed this morning to deal with the British Treaty with Itiissia of \H2'}, I have, &c. (Signed) CHARLES II. TUPPER. No. 85). Mr. Tapper to the Earl of Itosebery. — (Received July 0.) :\l.v Lord. Paris, July 5, 1803. M it. I'll ELPS continued, at the meeting of the Tribunal yesterday, his argument on flic liiHt four ({iiestions of Article VI of the Treaty of Arbitration. ill' discussed the l.-tnguagc of the Treaty of 1825 between (Jr -at Britain and IJussiii, iind the negotiations wliieh led up to it, bis object being to show that Behring Sea Has not understood by either jtarty to be included in the phrase Pacific Ocan. Having concluded his examination of the Treaties of 1824 and 1825, Mr. Phelps took leave ol' this part of his subject by referring the Tribunal to the answers to the first four (jucstion.s of Article VI, suggested at p. 24 of the United States' Counter- Case. He then dealt with the assertion of CJreat Britiiin, that the subject under discussion involved the cjuestion of the fretHloni of the sea, and had only time to make short progress in this portion of his argument before the jMljournment. I have, &c. (Signed) ClIAllLKS II. TUl'I'EH. No. 90. Mr. Tapper to the Earl of Hoiiebery.— [Received July 7.) My Lord, Paris, July 5, ISOIJ. I II.VVH the honour to transmit to your Lordship copies of the official Protocols Nos. ao to :U) of the proceedings of the Beliring Sea Arbitration Tribunal. I have, ifec (Signed) CHAllLKS II. TUl'PEH. Indosure 1 in No. 90. Ihotocoh' So. ;{(). — Se'ance du Merrredi, 'M Mai, 18i).'{. LI'j 'I'rihiuKil s'cst rcuni ii 11 liciires 30, tons Ics Arbitres etant presents. .>'/)• Chiirles Riis.svtl, an cours de sa plaidoirie, presentc au Tribunal le document siiivant : — •' Lc (iouvi'rnenicnt de la Graide-Brctagnc, ayant soumis aux Arbitres certains jKiiiits lie tail compris dans les reclamations dc dommages-interets presentees dans ['Annexe au MciMoin> Ibitannique, pages 1 a 60 inclusivement, prie le Tribunal de (li'cidcr .'omnie suit a ce siijet : — " I. (jue les diverses visitcs et saisies de navircs on de marchandises et lis diirere:..es arrestutions de capitaines et d'eipiipa^cs, mentionnes respect ivemeiit dans ladite Annexe, out etc faites jinr autorite du (Joiivernement des Etats-L'nis; " •-'. Qu'elles ont etc elfe(!tuees dans des eaux non territoriales ; '* ;i. (^ue les diversc^s visitcs, saisies, eondamnations et confiscation de navircs ou de mareliandises, les ditVefentcs arrestations et aniendes, et les divers emprisonnements ont etc motives ])ar de pretenduts violntions des lois natiimales dos lieuiic conclusion tcndant ii des dommagcs-intercts en vertu et |iar application de rArticle V de la Convention ou du modus vivcmli du 18 Avril, 18!)2. L' Honorahle E. ./. Phelps declare que les Rtats-Unis ne soumcttront, de leur cMe, nu Trihunal aucune conclusion ttMidani, u des dommai^es-intcrcts en vertu (!t par application de I'Article V de la Convention ou du modus vivevdi du 18 .Vvrii, IS<)2. Sir Charles Ruxnell ach6ve ensuite son arpfunientation. Sir Richard iVehster comnieiue alors sa plaidoiric pour la fJrandc-lirctagne. Lv s«ianc(! est supciidue a I hciuro 30. A la reprise, Sir Richard frefc^/ec'coniinue sa jdaidoiric. La stance est levee a 4 hearcs, et le Tribunal s'ajourne au lendemain ii 1 1 heurcs 30. Ainsi fait a Paris, Ic 31 Mai, 1803, et ont signc : Le President ALPll. DE COURCEL. L' Agent des fctats-Unis .. .. JOHN W. FOSTEU. L'Agcntde la Grande- Uretagne .. CHARLES XL TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol A"o. 30. — Meeting of Wednesday, May 31, 1893. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present. Sir Charles Russell, in continuation of his argument, presented to the Tribunal tlic following paper : — " The British Government having submitted to the Arbitrators certain questions of fact as involved in the claims for damage set forth in the Sciiedulo to the British Case, pages 1 to 60 inclusive, ask for the following iindings tliereon, Jiamely : — "1. Tliat the several searches and seizures, whether of ships or goods, and the several arrests of masters and crews, respectively mentioned iu the said Scliedule, were made by the authority of the United States' Government. " 2. Tliat ihey were made in non-terrilorial waters. " 3. That the several searches, seiKures, condemnations and confiscations, whether of ships or goods, and tlie several arrests, tines and imprisonments, were for alleged brcaclies of municipal laws of the United States, whicli alleged hrcauhes were wholly committed on the high seas outside the territorial waters of tlie United States. " 4. That the several orders, mentioned in the said Schedule, wnereby ships were prevented from pursuing their voyages, were given on tht^ high seas outside territorial waters, under the authority of the United States' Government and in execution of the municipal laws of the United States, and " 5. That the said several searches, seizures, condeinnntions, confiscations, fines, imprisonments, and orders were not made, imposed or given under any claim or assertion of right or jurisdiction except such as is submitted to tiic decision of the Arbitrators by the questions in Article VI of the Treaty of Arbitration." Sir Charles Russell further announced that Great Britain would not ask the Tribunal for any finding for damages upon and under Article V of the Convention or modus Vivendi of the 18th April, 1892. The Honourable Edward J. Phelps announced that the Unit<'d States would not, ()n its behalf, ask the Tribunal for any finding for damages upon and under Article V of the Convention or modus vivendi of the 18th April, 1892. Sir Charles Russell then concluded his argument. Si' Richard Webster then commenced \na argument on behalf of Great Britain. A i30 the Tribunal took a recess. 1 1 Ii 79- On rca88em1)lini; Sir Richard Webster continued his argument. At 4 P.M. the Tribunal adjourned till the next day, at 11*30 A.u. Done at Paris, the 31st May, 1893, and signed The I'resident The Agent for the United States Tlie Agent for Ureat Britain The Seeretnry . . Translation eertified to he accurate: (Signed) A. Baim.y-Bianchaud, "| ir. ClJNYNGHAME, J ALIMI. UE COURCEL. JOHN W. FOSTER. CllAHLKS H. TUrPER. A. IMRERT. Co-Secretarie>t. Inelosure 2 in No. 90. Protocole No. 31.— Seance du Jeudi, V Juin, 1893. LE Tribunal s'est r6im\ i\ 11 heures 30, tous les Arbitres 6tant presents. Sir Richard Wthster continue sa plaidoirie. Ija seance est susimmkIuc a 1 heure 30. A la reprise, .Sir Richard Webster poursuit son argumentation. A 4) heures la seance est levde ct le Tribunal s'ajourne au Icndemain h 31 heures 30. Ainsi fait a Paris, le 1" Juin, 1893, et ont signtJ : Le President ALPH. DE COURCEL. L'Ageiit des fitats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grandc-Bretagne ., CHARLES II. T UPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 31.— Meeting of Thursday, June 1, 1893. THE Tribunal assembled at 11-30 A.M., all the Arbitrators being present. Sir Richard Webster resumed his argument. At 1"30 the Tribunal took a recess. On reasscmlding. Sir Richard Webster continued his argument. At 4 I'.M. tlie Tribunal adjourned to the next day at 11'30 a.m. Done nt Paris, tlie 1st June, 189.'<, and signed : The President The Agent for the Uiiited States , The Ay;ent for (ireat Britain Tin; Secretary ALPII. DE COURCEL, JOHN W. FOSTER. CHARLES II. TUPPER. A. LMBKllT. Translation ccrtilicd to be accurate : (Signed) A. Baii,i,y-Bi,anchar» II. CUNYNGIIAMK, •|co.^'i • Secretaries. liiclosurc ;$ in No. 90. Piolocolc No. 32. — Se'aiicc au Vendredi, 2 Juin, 1893. LE Tribunal s'(>st reuni a 11 iieures 30, tous les Arbitres ^tant presents. Sir Richard Wvlisler re|)rend son argumentation. La seance est siisj)endue a 1 heure 30. A la repris(?, Sir Richard Webster continue sa plaidoirie. A 4 heures la si'ance est levee et le Tril)uual s'ajourne jusqu'au Mardi, Juin, h 11 heures 30. Ainsi fait ii Paris, le 2 Juin, 1893, et ont signe : lAi President. . L'.\gent des Etats-Unis L'Agent de la Grande-Brelagne Le iSecretaire . . ALPH. DE COURCEL. JOHN AV. FOSTER. CHARLES 11. TUPPER. A. IMBERT. i. 7T [English version.] Prolornt No. S2.~Meeting of Fruhnj, June 2, 18f>.3. THE Tribunal asstniblod at 11 30, all tlio Arbitrators being present. Hir Richtird Weh/iler resumed his argument. At 1*30 the Tribunal took a recess. On reapsembling, Sir lUchnrd Webster continued his argument. At 4 P.M. the Tribunal ndjom-ned until Tuesday, the Gtii Juno, at 11"30 A.JI Done at Paris, the 2nd June, 18»3, and signed : The President T'lio Agent for the United States . The Agent for Great Britain The Secretary ALTTT. DE COURCEL. JOHN W. POSTER. CHARLES II. TUPPER. A. lilBERT. Translation certified to be accurate : (Signed) A. lUiLLY-BLAXCiiARn, II. CUNYKGIIAME, I Co-S ecretfiries. Inclosuro 1 in No. 90. Protocole No. ^3. — Seiince dit Mardi, G Juiii, 1803. LE Tribunal s'est reuni a 11 heures 30, tons los Arbitres etant prc^'sents. Son Excellence Af. Gram, Arhitre dosigiio par la Suedn et la Norv^ge, donno lecture de la dt'clarution suivanle : — " Lc premier volume dc TAppendice an ^lemoire dos Etats-Unis donno le texlc do la loi et des n^glements concernant la protection des baleines sur la cote do J""iinnark. " J'avais I'intention d'cxpliquer ultcrieurenient a mos <'oll^giics ces lois et regle- ments en indiquant les circonstances naturelles qui ont oblige la Xorvege et In Suede a adopter une legislation spcciale pour los canx territoriales, et d'expiiiuer ei. nienio ten)i)s mon opinion sur la question de savoir si cette legiijlation et les questions aux- quelles die se rapporte pcuvent otre considerues comme ayant (pK-lquo portec a legard des questions actuoUement debattucs. " Coranie, toutefois, on a fait allusion, ii plus'eurs reprises, pendant les derai^res seances, a la Idgislation Norvegienne sur la matif're, j'estime qu'ilyaurait prdsentement interet u donncr un href expos*; des traits les jilus saillants de cette legislation. "Le caraet^re particulier do la Loi Norvegienne cilec par les Conseils des R(ats- Unis consiste dans la deteiniination d'une saison lerniee pour la poche dc la baleine. Quant u ses prescriptions au sujet des eaux intcricures ct territoriales, clles ne sont, en Komme, o.ie I'application a un eas special des principes generaux ctablis par la legis- lation Norvegienne en ee qui concenie les goU'es et les eaux baignant les c6tes. Vn coup d'u?il sur la carte suiFira pourmonlrcr le grand nombre dc ces golfcs — ou " fjords " et Icur importance pour les habitants dc la Norvc^gc. Certains de ces fjords ont uno dtenduc considerable, penetrent tr^s avaut a I'interieur du pays et ont une tr^s large embouchure. lis ont etc, toutefois, depuis un temps imnu^morial, consid(5r(5s commo des eaux intcricures, et ce principc a toujours etc maintcnu, m^rae h I'egard des etrangcrs. " II y a plus dc vingt ans, un (iouvernemcnt etranger se plaignit de cc qu'on cAt enip6ch6 un navire de sa nationalitc do peeher dans un des plus grands fjords du nord dc la Norvt^ge. Les operations de pcchc qui out lieu dans ces parages pendant les quatre j)remiers mois dc raunee sont d'une tres grande importance pour lc pays : imo trcntaiuc de mille personnes s'y reunissent cliacpie aiuicc, du Nord et du Sud, pour gagner Icur vie. Le Gouvernement souniet :\ son inspection les operations de pecho dans les eaux du fjord, abritc par uno rangee d'ilcs contro la violence de la nier. L'apparition dans ces eaux d'un navire etranger emettant la pretention de prendre part a cette p6che etait un fait sans j)reccdent, et, dans la corrcspondance diplomatique cchangee i\ ce sujet, lc Gouvernement Norvegien insista energiquement sur lc droit exclusif qu'avaicnt ses sujets, par suite d'un usage immemorial, dc pratiquer cette industrie. " La Sui^de et la Norvt^ge n'ont, d'ailleurs, jamais reconnu la distance do 3 milloa conmic formant la delimitation dc Iciu-s eaux territoriales. Jamais ces deux ])ays n'ont conclu aucune Convention ni adhere a aucun Traitc consacrant cette ri^srlc. ill [691] L 71 Leurs lois nationalos out guii6raloment iix6 la liinitc a 1 millo gdogmpliiquo ou 5. un quinzi^mo dc dcgr6 do latitude, soil 1 uiillcs niariuH. lis n'ont jamais admis aucuue liuiito infcrieure. En i'ait, relativement i\ la question des droits do pt he, si importauts pour I'un et I'autrc des deux lloyautnes-Unis, lesdites limitcs out sc nble, dans beaucoup de cas, encore trop restreintes. Quant a cettc question et li eelles qui s'y rattaehcnt, je desire nu' reporter aux comniunieations faites ])ar les membres Norvd- gieus et Sueduis, au cours des seanecs de IMnstitut de Droit Internationol, en 1891 ct 1892. Je ticns aussi, en ee qui touehc lo sujet que je Aiens dc traitor sominaircment, il mo referor aux comptes rcudus des travaux de la Conference de l^a llaye en 1S82 ('Nouvoan Piccucil (Joneral de Martens, 11' serie, vol. ix'), oil sc trouvent exposees les raisons pour lesquclles la Suede et la Xorx^^^'o n'ont pnsadhere au Traito de La llaye." Le President prio les Conseils des deux parties d'avoir presentes h I'csprit les observations de son Excellence JI. Gram, au cas ofi ils auraient a eiter rexcmplo des oaux de la Norv^ge ; mais il eroit devoir lajipelcr que la question de la ddfinition des'eaux territoriales u'est pas soinuise aux Arbitres et qu'il u'est pas dans les inten- tions du Tribunal d'exprimer une opinion en ce qui coucernc cettc definition. Sir Richard Webster reprend alors son argumeutatiou. La seance est susi)eiuiuo a 1 lieurc 30. A la reprise, Sir Richard Webster continue sa plaidoirie. A 1 bcures, la stance est levee et le Tribunal s'ajourne au lendcmaiu h 11 licures 30. Ainsi fait a Paris, le (5 Juin, 1893, ct ont signd : Le President .VLPII. DE COURCEL. L'Agent des fitats-Unis .. .. JOHN W. FOSTER. L' Agent dc la Gx-andc-Rretagnc . . CHARLES 11. TUPPER. Lc Secretaire A. IMBERT. [English version.] Protocol No, 33,— Meeting of Tuesday, June 6, 1893. THE Tribunal assembled at 11-30 a.m., all the Arbitratoi-s being present. His Excellency M. Grum, tlie Arbitrator designated by Sweden and Nov ay, read the following statement : — " Tlie Appendix, vol. I, to the United States' Case, gives the text of the Laws and Regulations relating to tlu; protection of whales on the coast of Einnmarken. It was my intention later ou to oxi)lain to my eoUcngues these Laws and Itegulations, in supplying some information about the natural conditions of Norway and Sweden which have necessitated the establishment of special rules concerning the territorial waters, and to state at the same time my opinion as to whether tliosc rules and their subject- matter may be considered as having any bearing on the present case. As, however, in the latest sittings reference has repeatedly been made to the Norwegian legislation concerning this matter, I think it might be uf some use at the present juncture to give a very brief relation of the leading features of those rules. "The peculiarity of the Norwegian Law quoted by the Counsel for the United States, consists in its providing for a close season for the whaling. As to its stipula- tions about inner and territorial waters, such stipulations are simply applications to a speciid case of the general ])rinciples laid down in the Norwegian legislation concerning tlie gulfs and the waters washing the coasts. A glance on tlie map will be sufTicient to show the great number of gulfs or fiords, and their importance for the inhabitants of Norway. Some of these fiords have a considerable development, stretching them- selves far into tiic country and being at their mouth very wide. Nevertheless they have been from time iniinciuorial considered as inner waters, and this principle has always been maintained, even as against foreign subjects. " More than twenty years ago, a foreign Government once complained that a vessel of their nationality had been prevented from fishing in one of the largest fiords of Norway, in the north vn jiart of the country. The fishing carried on in tliat neigh- bourhood during the first four months of every year is of extraordinary importance to the country, some 30,000 people gathering there from south and north, in order to earn their living. A Government inspection controls the fishing going on in tiie waters of the fiord, sheltered by a range of islands against the violence of the sea. The appearanc(! in these waters of a foreign vessel pretending to take its share of the fishing, was an unheard-of occurrence, and in the ensuing diplomatic correspondence the exclusive: liquo ou 5, nais ndmis ,c pt lie, si nt sc nble, 'i ccUcs qui )rcs Novv6- cu 1891 ct inaircmcnt, jc en 1S82 xposi'es les Lii llaye." Tcspnt les [• rcxcmnlo a (Idlinition IS les iuteu- a. L liciircsSO. IICEL. ER. UPPER. 11" ay, read c Laws and n. It was Illations, in cdcn which rial waters, eir suhject- lowevcr, in legislation ture to give the United its stipula- ations to a concerning )e sufficient inhabitants :hing thcm- lic'k'ss they 'iuciplc has incd that a irgcst liords tliat neigh- portance to •der to earn le waters of appearance ing, was an e exclusivo 76 right of Xorwcgian subjects to this industry was energetically insisted upon as fouudcd in immemorial practice. " Resides, Norway and Sweden liavo never recognized the 3-milo limit as tho confines of their territorial Avators. Thi-y liavc noiti;er concluded nor acceded to any Treaty consecrating that rule. Jly their numicipal laws tho limit has generally been fixed at 1 geographical mile, or one-illtoeut!i part of a degree oC latitude, or 1 marine miles; no narroAver limit liaving ever been adopted. In fact, in regard (o this question of the fislii?ig rights, so important to both of tho United Kingdoms, the said limits have in many instances been found to bo even too nai*row As to this (juestion and otluirs therewith connected, I beg to rtsfer to the comnmnieations ))resente(l by the Norwegian and Swedish members in tho sittings of the ' Institut de Droit International ' in 18yi and 1892. I wish also to refer, concerning the subject which I have now very briefly treated, to tho proceedings of the Conference of the Uaguo in 1882 (' JIartens' Nouv(!au Uecueil General, IT suric, vol. ix '), contauiing the reasons why Sweden and Norway have not adhered to tlic Treaty of the Uaguo." The President requested that Counsel on both sides would bear in mind the obser- vations of his Excellencij M. Gram, in case they found it necessary to cite the example of the waters of Norway, but thought it his duty to remind them that tho question of tho definition of tei'ritorial waters was not submitted to tlie Arbitrators and that it was not tho iiitention of the Tribunal to express any opinion with respect to that dofinition. Sir Uuhard Webster then resumed his argument. At 1'30 the Tribunal took a recess. On reassembling, Sir Richard Webster continued his argument. At li P.M. the Tribunal adjourned to the next day, at il"30 a.m. Done at Paris, the 0th June, 1893, and signed : The President The Agent for the United States The Agent for Great Britain Tlie Secretary ALPll. DE COURCEL. JOHN W. POSTER. CUARLES U. TUPPER. A. lAIBERT. Translation certified to bo accurate ; (Signed) A. Railly-Rlanchard H. CUNTGUAME, •} Co-Secretaries, Inclosurc 5 in No. 90. Protocols No, 31. — Stance du Mercredi, 7 Juin, 1893. LE Tribunal s'est rcuni a 11 heuves 30, tons les Arbitrcs etant presents. Sir Richard Webster roprend et tcrmino son ai'gnmentatiou. M, Christopher Robinson commence ensuitc son plaidoyer. La seance est suspendue u 1 heurc 30. A la reprise, M. Ilobinson continue son argumentation. A 4 heures la st^ancc est levee et le Tribunal s'ajourno au lenderaain u 11 heures. Ainsi fait a Paris, lo 7 Juin, 1893, et out signc : Le President ALPH. DE COURCEL. L'Agent dcs l<;tats-Unis . . . . JOHN W. FOSTER. L'AKont do la Grandc-Rrctacno .. CHARLES H. TUPPER. Lc Secretaire A. IMBERT. [English Vtfsion.] Protocol No. 31. — Meetim/ of Wednesday, June 7, 1893. THE Tribunal assembled at 11-30 a.m., all tlie Arbitrators being present. Sir Riehard Webster resumed and concluded his ai';,'ument. Mr. Christopher Robinson then began his argument. At 1*30 tho Tribunal took a recess. On reassembling, Mr. Robinson continued his argument. [691] I* I. Hi I u%, I Hi ')i 76 At 1 P.M. the Tribunal adjourned to the next day, at 11 o'clock. Done at I'aris, tlic 7th .Tunc, ISU.'l, and signcil . The President . . . . , . The Afjent for the United States . . The Agent for Great Britain The Secretary ., Translation certified to be accurate : (Signed) A, Baillt-IIlancuard, H. CUNYNOUAME, ■} ALPII. 1)E COURCEL JOHN W. FOSTER. CHARLES n. TUITEK, A. IMBERT. Co- Secretaries. Inclosurc 6 in No. 90. Prol^'jie No. 35. — Se'ance du Jeudi, 8 Juin, 1803. LF'] Tril)ui':.i s'cst reuni en Chanibro du Conscii, a 11 hcures, tous les Arbitros (jtaut pros''. ics. La sennco publique a commence ii midi. 3f;-. Christopher R >binson continue et achieve son argumentation. L'Agent des fitats- Unis dounc alors lecture de la declaration suivante :— " IjC Oouvernement des Rtats-Unis, — pour le cas ou la solution dono^ par le Haut Tribunal u ciTbiincs questions indiqutVs dans I'Article VII du Traits commo dtant les • questions ei-dessus rehitivesi\ la jiu'idiction exclasivo des Ktats-Unis' serait, ainsi qti'il est eiionce dans hvlit Arliclo VII, ' tollcs qu(! le conconrs de la Gninde-Bretagnc soit neoessuire ii riiistitution de Rei^Ienieiils en vuc de hi protection efficacc ct de la C07is('rvati():i di's pliixpies ii I'oiirnuc ha1)itaiif on I'requentant habituellcment la MtT de Ik'livinv:,' — expose que les l{(\i;l<'nuMi(s suivanis sont necessaires et devraicnt s'appliqucr aux eaiix dont ii serji fait nuMilioii h, eet elVet ei-apres: '■ Premihrvmont. — Aueiiii eitoyeri on sujet des J'ilats-Lfnis ou de la Giunde-Bretagnc 11 ' pourm, de qiielque faeon (jue ee soit, tiier, eapturer, ou poursuivre sur aucun point de ia mer, dans les bon\es et liniites ci-apres marquees pour la m!s<5 en vigueur du present Reu;lement, aueun des aniniaux comniunemeut appeles ' pho(iues a fourrure.' " Deu.rlememeiit. — L(> Rei;ienient (|iii j)roei>de s'appliquem ct s'cteudm i^ toutes les eaux de I'Ocean Paeilique Septentrional ou do la Mer de Bchring, au uord du 35° jiarallele de latitude nord, et a Test du 180" mcridicn de longitude oucst de Greenwicli, en dehors des limites de la juridietion des nations ci-dessus mentionnees. Toutefois, il nc s'appliquera pas a la poursuito et k la capture desdits plioques par les Indiens residant sur les c6tcs des territoires dc la Grande- Bretagne ou des Klats Unis, jrour leur usage personnel, au moyen dc harpons, dans des pirogues ou embarcations uou jiontees, non einbarquees sur d'autres navires ou detaeiiees de eeux-ci, manoeuvrees uniquement a la pagaie, ct quine soicntpas montees par plus de deux hommes chacune, dc la facon ancienncnient pratiqucc jmr cos Indiens. " Troisiemement. — Tout vaisseau, navire, bateau ou autre embarcation (en dehors des pirogues ou embaroitions mentionnees et docrites dans le paragniphe procedent), appirtenant aux citoyens ou sujets de I'une ou I'autrc des nations susdites, qui serait trouvc detruisant, ponrsuivant ou capturant lesdits plioques, ou engage dans un Aoyage ayant cc but, dans les eaux ci-dessus delimitees et decrites, pourra, avcc scs agres, apparaux, materiel, provisions et toutes les peaiix de phoqucs qui se trouveraient ji bord, t'trc capture et saisis comme prise par tout naviro anne pour le service public de I'une ou I'autre des susdites nations ; et dans le eas d'une telle capture, il pourra etre auiene dans tout port de la nat ion a laqucUe apparticndrait le navire capteur et ctro coiulamne en suite d'une procedure devant tout Tribunal ayant juridietion competente, laquellc procedure sera conduite, autant que fairc sc pourra, con- forinemcnt aux usages et a la praticjue des Cours d'Amiraut6 si(5gcant commo Tribunaux de Prises." L'Agent des Gtats-Unis donne eiraleinent lecture de la proposition suivanto:— " Le Gouverneiuent des Etats-Unis propose de substituer aux conclusions dc fait presentees par le Gouvernemcnt de la (irandc-Bretagne les conclusions suivantcs. Dire: " 1. (^ue les di verses visites ct saisies de navires ou de marehandises et les differentcs arreslations de eapitaiues et ons, dans des s navires ou t pas montees juec par ces >n (en dehors le prtjccdent), tos, qui serait age dans un urra, avcc scs ; trouveraieut ervicc public lire, il iwurra ire captcur et it juridiction pouri'a, con- ;eant commo livanto : — Insions do fait )ns suivautes. ; les diffcrentes laditc Annexe jtion do savoir cxe ctaient cu tout ou en partiu la propriete do t>uj(!ts UritniiniqiicM, ot quels navires et coinbien parmi ces navires dtaient en tout ou en partio la pr()pri»H«5 do citoyens Americans, Ic Tribunal no se prononce pas. II ne determine pas non plus la valeur do ces navires ou do leure cargaisons, ensemble ou sdparemcnt . " 2. Que les susdites saisies ont 6te faitos en mcr a plus de 10 millcs do toute cOte. " 3. Quo Icsdites visitos et saisies do navires ont 6t6 faites par des navina arm^ jiour le service public des Ktats-Uuis, dont les Commandants avait rcyu, toutes les fois qu'elles ont cu lieu, du Pouvoir Executif du Gouvcrnemcut des fitats-Unis, des instructions dont un exomplaire est roproduit en copio ci-apr(''s (Aniiexo A), les autres cxemplaires desdites instructions rtant conl'ormes i\ co moddlo sur tous les points essentiels ; quo dans toutes les occasions ofi des poursuitcs entam«^>es devant les Cours de District des l, iMtO, p. 05.) Utvant /<« CoHT df Dittiut de» iilatt-L'nii poui- U Ditlrict d'Aluda. Scc8ion (Spcciiil Term) d'Aoflt. IHM]. A rilonorablo Lnfayottc Dawscm, .luge do liiditt- Cimr do Diotriit. I.i) vi'(iiiinitoiio i\ (in d'inf'oinmti(m pnr IcmiikI )i\. I), i'lill. Attorney dcs ittnts-I 'nis pour lo district d'AliiHka, iioiURiiivant an imin dog KlatH-l'niH ct pn'siiit ii'i d.vaiit la Conr, in Ha iiersoiino, comnie HepriHtntant dcs Ktale-l'niN ft en Irni- nom, coiitic la goolctto " 'J'liornton," sch npjrc'P, appnrau>c, cinbarcatiuns. carf^aiNuns tt iiiati'rici ct contio loiitis pcrsonneH iiitcrvenaitt conimo avaut dcs iiiti'ivtH onKUKi'H daiiH I'C imviro, t ii poiirHiiito ii lin do coidisi'ation, prtBCnto lea alltgatioiiB ft di'clurationH miivantc's: (jna Cliarlcs A. AKIiuy, ollicii r dii i^civiic doH I»oiuinirt .MaiilinioH dis I'ltatH-l'niH, chargu d'lino mission K])i'(ialo dans U'H isnix dn distiict d'Alaska, ant/Tii'ini'iiicnt an prrsfnt jour, a pavnir lo 1" Aunt, Issti, dans Ics liniitoB dii tcnitniit" d'Alaska et dans nes caux, ct dans les liinitc s du district civil ct jmliciaire d'Alaska. ii savnir dnns IV'tcnduo dcs cans do cettu paiiio de la Mcr do Bt'liring qui ajiparticnt nu dit district, dans dcs caux navipiMcs pour dcs nnvircs vcnant do la haute nicr ct jaiiRcant 10 tdnneaux ou au-dcf^sus, a saisi lo vaiHscau on naviro ccjniniiincniont dciionnno goclcttc, Ic •• 'J'liorntun," ^es af^ics, apparaux, cniliiircations, cargaisoii ct inati'ric], Icsqucifl ctaicnt la projirictt; d'unc ou dc plusicuis pcrsonncs inoouuucs dudit Attorney, et los a coutitsqucs an profit cks fltats-rnis pour Ick causes ci-aprcs: Que Icdit naviro ou goclcttc a etc trouvc sc livrnnt a In destruction dcs plioqncs h fourrurc, dans les limites dii territnirc d'Alaska ot de see caux, en violation dcs dispoHtions dc la 8cction 1956 des Statuts Hoviscs des J'ltats-Uuis, Et ledit Attorney declare quo to\i(c8 Ics propositions ci-dcssus enoncees et cliacune d'cllea Bont et ctaicnt vraics, et qu'cllcs t(ind)ent sous la juridiction ninritinic ct d'.Aniirante de cetto Cour, et que, jiour cctte raison, ct en exciution dm Statuts dcs l.tats-Tnis etalilis ct cdictcs jiour de tela cas, Ic navirc ou la goclctte luc nliunni'e et decrite ei-dessus. jaiigcaiit plus de i() tenniinix, w a ap;res, apparaux. enibareatiims, eargaisou et materiel out eti'; ct Kunt conliKqucs au profit dcs Ktats- I'uis. ct que ladite goelctte sc trnuvc niaintenant dans Ic district susdit. C'e pounjuoi ledit Attorney dcniande (pio I'lionorable ('our do .lustico procede ot aviso conuno d'usage en ceito ailuire, ct (juo tow k Distnct d'Alaska. La sdanco est suspcnduc u 1 houro 30. A la reprise, Hir Charles Russell commence sa plaidoirie, pour Ic CioiiTcrnemcnt do la rirandc-lJrctaguc, sur la question dcs Ei^glcments pruvus par I'Articlc VII du Trailti d'Arbitragc. La s('anco est levee a i heures, ct le Tribunal s'ajournc au Icudcmain, a 11 heures 30. Ainsi fait a Paris, Ic 8 Juin, 1893, avant signd : Lo President ..* .. .. ALPII. DE COURCKL. L'Asent des Rtats-Unis .. .. JOHN W. POSTEIJ. L'Agent de la Graudc-Brctaguo .. ClIAllLES 11. TUPPER. Lc Secretaire A. IM13ERT. [English version.] Prolocole No. 35. — Meeting of Thurscfnij, June 8, 1893. THE Tribunal assembled in the Council Chamber at 11 o'clock, all the Arbitrators being present. The public sitting commenced at noon. Mr. Lhristoplier Robinson continued and finished his address. The United States' Agent then read tlic following statement: — " The Government of the United States, in the (jvent that the determination of the Uigh Tribunal of certain questions described in the Vllth Article of the Treaty as 79 (•.to, p. G5.) s-l'nis pour le I Nn pci'sonnc, 11," 8CH ngrt;?, eiiiuit cuninio ipu'ticiifo Ics chnr^u d'lino iir, ii piiviiir lo loR liinitc H (In ! do la Mli' do I vunniit. do la idinnniiii'inciit ct iiinti'iiol, jrnvy, ct Ich a icB ii foumirc, .Section 1956 Imcune d'ullea Jo cettu C'oiir, I jKiur do tela tiiiincniix, Ki a jfit dcH I'^tnts- ; aviso coinnio Ito (HI imviro : jn'opositiona ttC, HOS (lgli'8, 111 touto initio jui'h all in'olit 111- do tola (.118. L, , ( d' Alaska, ^moment do I du Tiaitd iidcmain, ii ICLL. lurPEii. Arbitrators niiiation of c Treaty as 'tlio forpgoinc; questions as to tlio oxcliisivo jurlsdicdou of tlio United States' should, as mciitionod in said VIFlh Article, 'leave the siihjoet in siielj a condition that tlio coneiirrcncc of (Jreat Britain is neeessary to tlie establishment of llegulations for the jiropcr proteetion and preservation of the fur seal in, or habitually resorting to, Heliring .Sea,' siibinits tiiat the foUowiny; reu;iilati()iis are neeess'uy, and that tlio sarao should extend over (lie waters iiereinal'ter in that helialf mentioned , "7'V/-.s7/i/.— No eitizen or subject of the United States or (ireat tiritain shall in any manner kill, eajjture, or pursue! anywliere upon tbe seas, within the limits and boundaries next liereinafter prescribed for the operation of tliis llegulation, any of the animals commonly called fur seals. " SirniKlli/. — Tiio foregoing regulatioii shall apply to and extend over all those waters outside the jurisdictional limits of the almvomentioned nations of the North racilio Ucean or JJebring Sea, which are north of the 3oth iiarallel of north latitude, and east of the IHOth meridian of longitude west from Greenwich. Provided, however, that it shall not ']>\)\y to such pursuit and capture of said seals as may bo carried on by Indians dwelling on the coasts of the territory, cither of (Jreat Ih-itaia or the United States, for their own personal use, with spears, in open canoes or boats uot transported by, or used in connection with other vessels, and propcdled wholly by paddh^s, ami manned by not more than two men each, in the way anciently practised by such Indians. Thirdly. — Any ship, vessel, boat, or other craft (other than the canoes or boats mentioned and described in the last foregoing paragraph) belonging to the citizens or subjects of either of th(> nations afoi'csaid, which may bo found actually engaged in the killing, ])ursuit, or capture of said seals, or prosecuting a voyage for that purpose, within the waters aliove bounded and described, may, with her tackle, apparel, furniture, provisions, and any seal-skins on board, bo captured and made prize of by any public armed vessel of cither of the nations aforesaid; and, in case of any such capture may bo taken into any port of the nation to which the capturing vessel belongs, and bo condemned by pi-occedings in any Coiu't of competent jurisdiction, which proceedings shall be conducted, so far as may be, in accordance with the course and practice of Courts of Admiralty when sitting as Prize Courts." The Agent of the Ignited States also read the following statement: " Substitute proposed by the Government of the United States for findings of facts submitted by the Government of Great Jhitain : — " 1. That the several searches and seizures, Avhether of ships or goods, and the •cveral arrests of masters and crews, respectively mentioned in the said Schedule, were m.ade by the authority of the Uniti'd States* Government. Whieii, and how many of the vessels mentioned in said Schedule were in whole, or in part, the actual property of Pritisii subjects, and which and how many where in whole, or in jiart, the actual property of American subjects, is a fact not passed upon by this Tribunal. Nor is the value of said vessels or contents, or either of them, detr .ncd. " 2. That the seizures aforesaid were made upon the sea more than 10 miles from any shore. " 3. That the said several searches and seizures of vessels were made by public armed vessels of the United States, the Commanders of which had, the several times when they were made, from the Executive Department of the Government of tho United States, instructions, a copy of one of which is annexed hereto, marked 'A,' and that the others were, in all substantial respects, the same; that in all the instances in Avliieh iirocecdings were liad in th:; J3istrict Courts of the United States resulting in condemnation, such proceedings were begun by tho filing of libels, a copy of one of which is annexed hereto, marked ' J?,' and that the libels in tho other proceedings were, in all substantial respects, the sanu; ; that tho alleged acts or oll'ences for which said several searches and seizures were made, were, in each case, done or committed upon the seas more than 10 miles from any shore ; and that in each case in which sentence of condemnation was had, except in those cases when the vessel was released after condemnation, the capture was adopted by the Government of the United States. That the said fines and imprisonments were for alleged breaches of the municipal laws of the United States, which alleged breaches were wholly committed upon tho seas more than 10 miles from any shore. "i. That the several orders mentioned in said Schedule warning vessels to leave Uehring Sea were made by public armed vessels of the United States, the Commanders of which bad, at the several times when they were given, like instructions as mentioned in finding 3, above proposed, and that the vessels so warned were engaged in sealing or prosecuting voyages for that purpose. ,if m "6. Tluit tho «ni(l novoml Rcnrchon, H«>i/.urcii, coiidomnntionn, oonflscfttiotiii, flii(urpos(^ of condeiunin^ any vessel sei/.ed as mentioned in tho Sclicduh> to the Case of (Jrent Mritnin, pp. 1 to (V), ineliisJTe, had all the jurisdiction and power of Courts of Admiralty, in ri'vi-iiiii>. Reforrinpf to n^pnrtmfiit Irtfor of thin dnte, ilirortinpr yon to pr ateamer " Henr," undor your commnnil, to the Si'nl InIuiicIh, \i'., ymi iiro IktcIiv floflii'd with full power to enforce tho I.iiw contiiinod in tho ])roviKioiiH of Section 1'.t.">ti of tlin I'liitcd Siuti'N' Rovieed Statutes, nnd diroi'ti'd to nci/.o nil tohhcIh and ain'Ht iiiiil dclivor to tho ipro|)(r aiithoiiticH any or all pereons whom yon may detect violating lln' Law referred to, after duo nolieo uliall have been p^ven. Yon will also seize any liipiors or (Ire-arms attempted to be introduced into the country without proper • crmit. uihI'T the jirovitiioiiH of Section \'X)!) of the Hcvised StatnteM, mid tho Proclamation of tho I'remdcnt. dated the 'Ith Kehriiary, 1H7(). ReHpectfullv vourH, (SiRned) (,'. S. I'AinCHII.P. Atiinij Si'creliiri/, Captain M. A. Ilealy. Commanding Hovenne-Htoninor '• Hear," San-Franeisoo, California. Annox(? (H), (See nritish Case, Append-'x. vol. Ill, I'.S. No. 2, 1800, p. C5.) Ill fill" Jhttriet t'ourt of the I'liiteil StaU'D /or the Dittrict of Alatka. August Special Term, ISSii. To the Ilonoralilo Lafayette Pawson, ,Iudge of said nistriet Court. The libel of information of M. I). Hall, Attorney for the United States for the Pislric't of Alaska, who prosecntoH on behalf of said United States, nnd being present here in Court in IiIh proper jk-Tsoi:, in the name and on behalf of tho said United States, against tho schooner '•Tliorntoii." hor t.ieklc. a]iparel, boats, enrgo, nnd furniture, nnd against all persons intervening for their interest therein, in a cause of forfeiture, nllegoH nnd informs ns follows: That (/hnrlos A. Abbey, an oflicer in tho Hevenue Marino Service of tho Unite (Signed) ' CHARLES H. TUPPER. 7, 1893. It with the lonsider the [. After a 'ic sealing, «d by both at sea, and ;he islands, ade on the islands by day. UPPER. 11, 1893. ent against question of lacy of the tion. , and it was ly to enable ipression of ;ing8 of the WELL. 18, 1893. al Protocols 4A, 4.5, 46, Ist Protocol :UPPER. 86 Inclosuro 1 in No. 93. Protocole No. 40. — Seance du Vendredi, 16 Juin, j.893. LE Tribunal s'est r^uni h, 11 heures, tous Ics Arbitres 6tant prdsents. Sir Richard Webster reprond son argumentation. La stance est suspendue ii 1 hcure. A la reprise, Sir Richard Webster continue sa plaidoirie. En lovant la stance, ^ 3 heures 30, le President annonce que, pendant rabsenco temporairc de Mr. Cunynghame, Ic IVibunal autorisc Mr. Henry Hanncn, avocat, ti remplir scs fouctions. Puis le Tribunal s'ajourno jusqu'au Mardi, 20 Juin, a 11 heures 30. Ainsi fait ^ Paris, lo 16 Juin, 1893, et ont sign6 : LePrdsident ALPH. DE COURCEL. L'Agent des fitats-Nnis .. .. .JOHN W. FOSTER. L' Agent de la Grande-Bretague . . CKARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 4C'. — Meeting of Friday, June 16, 1893. THE Tribunal assembled at 11 o'clock, all the Arbitrators being present. Sir Richard Webster resumed his argument. At 1*30 the Tribunal took a recess. On reassembling. Sir Richard Webster continued his argument. The President, in adjourning, announced that during the temporary absence of Mr. Cunynghame, the Tribunal authorized Mr. Henry Hannen, Barrister-at-Law, to perform his duties. At 3*30 P.M. the Tribunal adjourned until Tuesday, 20th June, at 11"30 A.M. Done at Paris, the 16th June, 1893, and signed : The President The Agent for the United States. . The Agent for Great Britain The Secretary I '!„ ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. h'\ Translation certified to be accurate : (Signed) A. Bailly-Blancuarb, H. Cunynghame, } Co-Secrelaiies. Inclosure 2 in No. 93. Protocole No. 42. — Stance du Mercredi, 21 Juin, 1893. LE Tribunal s'est r4uni k 11 heures 30, tous les Arbitres 6tant presents. Sir Richard Webster prdsentc et propose do lire au Tribunal certains documents qui viennent d'etre distribuds au Parlement Britannique et qui contiennont une oorrespondance entre la Qrande-Bretugne et la lit ssie au sujet des saisies de navires Anglais par les croiseurs Russes dans la Mer de Behring. Mr, Carter s'oppose k ce que ces documents soient consid^r^s comnie ayant 6t6 d^pos^ dcrant le Tribunal. Aprds avoir consults ses collogues, le Pre'sident declare que le Tribunal autorise la lecture de ses pieces, mais en se r^servant de d^ider ult^rieuremeut si clles seront admises ou non comme moyen de preuve. Sir Richard Webster lit alors un extrait des documents en question. Mr. Christopher Robinson reprend ensuite son argumentation. La s&ince est suspendue k 1 heure 30. A la reprise, Mr. Robinson continue et achdre sa plaidoirie. 86 A 3 houros 50 la stJAUco est lovee ft lu Tribunal s'ajouruu au Icudemaiu ik 11 heures 30. Ainai fait ti Paris, Ic 21 Juiii, 1803, ct out signd : LcPrdsidont ALPII. DE COURCEL. L'Agcnt lies l^:tnts.Uni8 .. .. JOHN W. FOSTER. L' Agent de la Grando-Urotuguo . . CUARLES H. TUPPER. LeSecrcHaire A. IMBERT. [English version.] Protocol No. -12. — Meeting of Wednesday, June 21, 1893. THE Tribunal assembled ot 11"30 a.m., all the Arbitrators being present. Sir Richard Webster produced, and proposed to rend to the IVibunal certain doou< ments recently presented to the Parliament of Great Britain containing correspondence between Great Britain and Russia on the subject of the seizure of British vessels by Russian cruizcrs in the Bohring Sea. Mr. Carter objected to these documents being regarded aa before the Tribunal. The President, after consultation with his colleagues, announced that the Tribunal would permit the documents to be read, but reserved to itself for further consideration the question of their admissibility as evidence. Sir Richard Webster then road an extract from the documents in question. Mr. Christopher Robinson then resumed his argument. At 1"30 the Tribunal took a recess. On reassembling, Mr. Robinson continued and concluded his argument At 3*50 P.M., the Tribunal adjourned to the next day at 11"30 a.m. Done at Paris, the 21st Juno, 1893, and signed : The President . . . . . . The Agent for the United States. . The Agent for Great Britain . . The Secretary ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Bailly-Blanchaiu), Co-Secretary. Henby a. Hansen', Acting Co-Secretary. Inclosure 3 in No. 93. Protocole No. 43. — Stance du Jeudi, 22 Juin, 1893. LE Tribunal s'est rduni h 11 heures 30, tons les Arbitres 6tant pr^nta. L'Honorable Edward J. Phelps commence sa plaidoirie pour les fitats-Unis. La sdance est suspendue ^ 1 heure 30. A la reprise, VHonorable Edward J. Phelps continue son argumentation. La sdance est Icvde h 4 heures, et le Tribunal s'ajoumo au Icndemain k 11 heures 30, Ainsi fait i\ Paris, le 22 Juin, 1893, et ont sign P.M. the Tribunal adjourned to the next day at 11'30 A.M. Done at Paris, tho 22nd Juno, 1893, and signed : The President , , ' Tho Agent for tho United States, . • ^ - The Agent for Great Britain The Secretary ALPII. DE COUROEL. JOHN W. FOSTER. CHARLES n. TUPPER. A. IMBERT. Translation certified to 1)c accurate : (Signed) A. BAiLLY-BiANcnAiiD, Co-Secretary. LIknby A. Hanmen, Acting Co-Secretary, Inolosuro di in No. 93. Protocols No. M, — Stance du Vendredi, 23 Juin, 1893. LE Tribunal s'est rduni h. 11 bouros 30, tons les Arbitres 6tant prdscnts. L' Honorable Edward J. Phelps reprond son argumentation. La stance est suspenduo h. 1 hcure 30. A la reprise, V Honorable Edward J. Phelps continue sa plaidoirio. A 4 heurcs la stance est Icvdo ot lo Tribunal s'ajourno jusqu'au Mardi, 27 Juin, h, 1 1 heurcs 30. Ainsi fait h Paris, lo 23 Juin, 1893, et ont signd : Le President ALPH. DE COURCEL. L' Agent des Etats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grande-Bretagno . . CHARLES H. TUPPER. Lo Secretaire A. IMBERT. [English version.] Protocol No. 44. — Meeting of Friday, June 23, 1893. THE Tribunal assembled at 11-30 a.m., all tho Arbitrators being present. The Honourable Edward J. Phelps resumed his argument. At 1*30 tho Tribunal took a recess. On reassembling tho Honourable Edward J. Phelps continued his argument. At 4 P.M. the Tribunal adjourned until Tuesday, the 27th June, at 11*30 A.M Done at Paris, the 23rd June, 1893, and signed : The President The Agent for the United States , The Agent for Great Britain The Secretary . . ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Bailly-Blanohard, Co-Secretary. Henry A. Hannen, Acting Co-Secretary. I I' 1 r it. the United Inclosure 5 in No. 93. Protocole No. 45.— Se«nce du Mardi, 27 Juin, 1893. LB Tribunal s'est r^uni »\ 11 heures 30, tous les Arbitres 6tmt presents. V Honorable Edward J. Phelps reprend sa plaidoirio. ..,,--- La s^nce est suspendue 5, 1 heuro 30. A la reprise, VHonorable Edward J, Phelps poursuit son argumentation, • 88 A 4 heures la s^nco est lev^e ct le Tribunal s'ajourne au lendemain k 11 heures 30. Ainsi fait h Paris, lo 27 Juin, 1803, et ont sign^ : Lc Prdsidont ALPH. DE COURCEL. L' Agent des Ultats-Unis . , . . JOHN W. POSTED. L' Agent de la Grande-Bretagno . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 45. — Meeting of Tuesday, June 27, 1803. THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present. The Honourable Edward J. Phelps resumed his argument. At 1'30 the Tribunal took a recess. On reassembling the Honourable Edward J. Phelps continued his argument. At 4 P.M. the Tribunal adjourned to the next day at 11'30 a.m. Done at Paris, the 27th June, 1893, and signed : The President The Agent for the United States . The Agent for Great Britain The Secretary ALPH. DE COURCEL. ,TOHN W. FOSTER. CHARLES H. TUPPER. A. IMIJERT. Translation certified to be accurate : (Signed) A. Bailly-Blanciiard, Co-Uccretary. Henry A. Hannbn, Acting Co-Secretary. Inclosuro 6 in No. 33. Protocole No. 46. — Seance du Merrredi, 28 Juin, 1893. LE Tribunal s'est rduni i\ 11 heures 30, tons les Arbi^^^res 6tant presents. Mr. H. Cunynghame i-eprend ses fonctions de Co-Secrdtaire, qui avaient 6t6 exerc(5es provisoirement par Mr. Henry Hanncn. L'Honorable Edward J. Phelps continue sa pittidoirie. , La stance est suspenduc il 1 licure 30. A la reprise, r Honorable Edward J. Phelps pcursuit son argumentation. La stance est lev(5e il 4 heures ct le Tribunal s'ajourne au lendemain ii 11 heures 30. Ainsi fait i\ Paris, le 28 .Tuin, 1893, et ont signd : Le President ALPH. DE COURCEL. L' Agent des fitats-Unis . . . . JOHN W. FOSTER. L'Agont do la Gi-andcBretagne . . CHARLES H. TUPPER. Lc SecrcHairo A. IMBERT. [English version.] Protocol No. 46. — Meeting of Wednesday, June 28, 1893. THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present. Mr. H. Cunyi.ghame resun.ed his duties of Co-Secretary, which had been fulfilled temporarily by Mr. Henry Hannen. ,.. ; '/. ■. The Honourable Edward J. Phelps continued his argument. • < • At 1'30 the Tribunal took a recess. • On reassembling, the Honourable Edward J. Phelps continued his argument. idemain k RCEL. BB. DPPER. nt. lent RCEL. ER. UPPER. 8. ivaient 616 ndemain h RCEL. R. lUPPER. it. en fulfilled Lent. 80 At 4 P.M. the Tribnnnl adjourned to tlio next day at ll'SO a.m. Done »t Paris, the 28th June, 18».'J, and signed : Tlic President The Af,'ont for the United States The Agent for Great Britain The Secretary Translation certified to ho accuiiito : (Signed) A. BAiLiiY-ULANCiiAUD, H. CUNYNQnAME, ALVir. DE COURCEL. JOHN W. POSTER. CKAllLES II. TUPPER. A. IMBERT. } Co-Secretaries. Inclosure 7 in No. 93. Protocols No. 47. — Seance du Jeudi, 29 Juin, 1893. LE Tril)unal s'cst i*6uni a V houres 30, tous les Arbitres etant prt5sents. UHonorahle Edward J, Phelps rc[»rcnd son argumentation. La sdanco est suspcndue a 1 heure 30. A la reprise, V Honorable Edward J. Phelps continue sa plaidoiric. A 4 heures la seance est lev6e et K> Tribunal s'ajoiirno au Lundi, 3 Juillet, h 11 heures 30. Ainsi fait li Paris, le 29 Juin, 1893, et ont signe : Le President ALPH. DE COURCEL. L'Agent dcs fitats-Unis . . . . JOHN W. POSTER. L' Agent do la Grande-Bretagnc . . CHARLES H. TUPPER. Le Secrc^tairo A. IMBERT. [English version.] Protocol No. 4:7. —Meeting of Thursday, June 29, 1893. THE Tribunal assomb'cd at 11-30 a.m., all flic Arbitrators being present. The Honourable Edward .J. Phelps resumed his argument. At 1'30 the Tribunal took a recess. On reassembling the Honourable Edward J. Phelps continued his argument. At 4 i*.M. the Tribunal adjourned until Monday, the 3rd July, at 1130 a.v. Lone at Paris, the 29th June, 1893, and signed : The President . . . . The Acrent for the United States . The Agent for Great Britain The Secretary Translation certified to bo accurate : (Signed) A. Bailly-Bi.anciiak n. Cunyngiiame, ALPH. LE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. TMJIEKT. "'j-Co- Secretaries. Xo. 91. Mr. Tupper to the Hart of Rosebery. — {Received ,luUj 2G.) My Lord, Paris, July 25, 1893. I HAVE the honour to transmit to your Lordship copies of tlio oITicial Protocol No. 41 of the proceedings before tlie Beliring Sea Tribunal of Arbitration. I have, &c., (Signed) CHARLKS H. TUPPER. Inclosure in No. 91. Protocole No. 41. — Seance du Mardi, 20 Juin, 1893. LE Tribunal s'est reuni a 11 heures 30, tous les Arbitres etant ])rcsents. Sir Richard Webster continue son argumentation. L'Agent de Sa Majesty Britannique ddpose devant le Tribunal, au nom de son Gouvemement, un projet de Ri'glements dont le teste suit : — [691] • N 00 " Meglements. " 1. Tout Mtimont omployr de Behring, aux distances do la c6te ci-dessus indiquees ; et quo dans tons les eas ou luu^ eondamnation a 6t6 prononcee, excepts ecus ofi les navires ont 6t6 reli\cbes ai)r('^s eondamnation, la saisio a oto approuv6e par lo Gouvernement des Ktats-Unis ; et que, dans les cas ou les navires ont oto roliiches, la saisio avait etc op^r^o par autorite du Gouvernement des l5tats-Unis, :iue les amendcs et emprisonnements susdits ont 6t6 prononc^s i\ raison d'infractions ouvvoir do uti'rionr do ■0, poiidant ^* cbaasc dc8 in pavilion nt tonir un II clmsso, lo roliveront lo sexo do9 cur journal >glemonts.' p (locuiupnt il)stitiu' aux s do fait ; — r I'Aijent ties irbltrwjp. Uses el lea nuMit dans faitcs par 11 la \ alcur dc savoir si 'entro cux, out et6 rve quo les les, s'ils lo isabilito du rtontiounecs Mf or," saisi i\ de la coto vires armds I, toutes les s-lJnis, de8 es uutres les points it les Cours ont debute Aunexi> B), CO modMe, ees visites luces do la J j)rononeee, suisio a ete navires ont Ktats-Unis, ['infractions 91 nux ioi's iinlionnles dcs Klnts-Trnis, int'rnetioiis toutos commiscs dans la Mcr do Dchring aiix distances de la eAte ei-dcssiis indiqnees. "4. (^ue les diUV-rents onlies nieiitinnuesdans I'Annpxc^ ci-joint'o sous la lottrc (C), enjdii^nant a eerlnins navires rcNciit(!u» \k\t i'Agciit dcs Ktuts-Unie.) Aimoxe ((J). Lii Tiiblo ci-ili'HsoiiH coiiliont lea nonis dcH navires UritaiiniquoR oinplojVs i la clinBSO dcs ])ll()(|ii('s, (|ui (lilt ('ti' Hiiisis (111 iivcrtis \kw 1<'H criiiKuurs dii Nci'vico iles Dduaiies dcs Etnts-lfiiis, do lHHii a IM'JO, ct. la (liNliiiii'c a|i|ivo.\iiiiutivc dc la tcirc (ill ces HaJHicK (tut eii lieu, Ces diNtaniies Hont iiidii|uccs, en cc (]ui cdiiccriK^ les navln^s "L'ardlenii," " 'I'lidi'iiton," ct "Ouward," d'apriis lo ti'iii(ii};iiiij;c (111 ( '(iMiiiiiiiidaiit Ablioy, (le la Marine dcs MtiitH-fnis. (Vi)ir 50" Coiigres; ^'Session; .Si'iiat ; I>(iciiiiicMts KxcciilH's, No. 10(1, jip. 20, ;5(), et-lO.) KllcHHdiit iudicjuees, en co (jtli coneeme lc8 navires "Anna Beck," '• W. I*. Sayward," " Dolpliin," ot "(irace," d'apres le temoignage du Capi- tuine Slic[iar(l, di? la Marino du Trcsor des I'ltats-Unis. (Livro Blue, £tutti-Uuis, No. 2, 1890, jip. MO -Hi. Voir Ajipendiee au Menioiro Britaniiiquc, vol. iii.) Naviro dea Norn du Nnviic. Diito do hi Siiisio. Distance approxinrntivc do Tcrre au moment dc la Saisic. £:taU-nuis qui a fait la Saisie. Cnrolena . • l*' AolU, 188(1 ,. To milK'.i . . , , . . . ■ • . Corwin. Thornton , . l^Aoiit. 1880 .. 70 „ .. a. •• •• •• Idem. Onward , , 2 Aciiit, 1880 .. 115,, .. ,. ,, ., •• Idem. Favuuritu . • 2Aoat, 1886 .. Avorti pnr le " Corwin," & peu pros dans la mfimc position quo le " Onword." Anna Beck • • 2 Juillot, 1887 .. 06 millcs ,. ., Rush. W. V. Soy ward .. 9 Juillct, 1887 .. 59 „ . , . . . . . . . . Idem. Dolpliin • • 12,IuUlct, 18S7 .. 40 „ Idem. Grace .. • • 17 Juillct, 1887 .. 96 „ •• •• •• •• •• Idem. AUrcd Adams • . lOAofit, 1887 .. 62,, •• .. •* •• •• Idem. Ada .. .. 25 Aout, 1887 15 Bear. Triumph • • 4AoUt, 1837 .. Avorti par lo " Rush " do no pas cntrcr dans la Mcr do liohring. JuBnita • • 31 Juillct, 1889 .. 60 milics , , . . . . . . . . Rush. Pathfinder • • 29 Juillct, 1889 ., 50 „ ., .. .. •• .. Idem. Triumph . . 11 Juillct, 1889 .. Avorti i)ar lo " Rush " d'uvoir a quitter la Mcr de Bohriiig.— Position au moment du I'avcrtissement : (?] Black Diamond • • llJuillct, 1889 .. 35 millcs .. .. . . .. «• Idem. Lilpr .• Anel .. *• 6 Aoftt, 1889 . . 66 „ .. •* •• .. •• Idem. • . 30 Juillct, 1889 .. Averti par lo "llush" d'ovoir i. quitter la Mcr de Bchring. ,, Kate .. . • ISAoat, 1889 .. Avorti par le"Ru8h" d'avoir il quitter la Mer do Bchring, Minnie.. . . 15 Juillet, 1889 .. 65 milles •• •• •• .. .. Idem. ^. Fathfimler • . 27 Mors, 1890 .. Saisi dans la Baio de Ncah,* . . . . • • Corwin. 'Hit ^f • La Baie de Neah est titu^e dans l'£tat de Washington, ct le " Pathfinder " y a kik saisi, du chef de diUti commi* par lui dans la Mer de Ilchring TannCe pticMente. Oe b&timent fut icl&ch6 deox joiuni plus tard. ^91] N 2 {»2 Mr. Christopher Itobinson coininoiieo onsiiito sou nrgiimciitation Hur la question (le» Rdglomonta. La soanco est levco ii t hourt's et It; 'rriliiuml s'jijouriio nu Icndomain Ik 11 heures 30. Ainsi fait i\ Paris, 1p 20 Juin, 181)2, ct out s'\gn6: Ll- I'lTsia.nt ALPFT. DE COURCEL. T;At,'oii(, (l.H I'Unts-Unis .. .. .lOIIN W. FOSTER. L'A«(Mit (Ir la (J 11111(1.'. HrHiif,'!).' .. (MIAIMiKS II. TUPPER. Ln SofiiHaiie A. IMRERT. [English version.] Protocol No. 41.— Meeting of Tuesdny, June 20, 1893. THE Tribunal assonihled at 11'30 a.m., all the Arbitrators l)oing present. Sir Richard Webster (!ontinue(l bis iirijuinnnt. The Af?ont of II cr Jiritanuic Alajcsty laid before the 'J'ribuual a scheme of Regu- lations worded as follows :— " liefjulations. " 1. All vessels encasing in pelagic scaling shall bo required to obtain licences at one or other of the folhnvinf,' ports : — " Victoria, in the Province of Uritish Colmnbia. " Vancouver, in the Province of British Columbia. " Port Townsoiul, in Washington Territory, in the United States. " San Eraneisco, in the State of California, in the United States. " 2. Such licences shall only be }j;rante(l to sailing-vessels. "3. A zone of 20 miles around the PriI)yloff Islands shall be established, within which no seal hunting shall he permitted at any time. " 4. A close season, from tlie 15th September to the 1st July, shall be established, during which no pelagic sealing shall be permitted in Behring Sea. " 6. No rifles or nets shall l)e used in pelagic sealing. " 6. All sealing-vessels shall be required to carry a distinguishing flag. "7. The masters in charge of sealing-vessels shall keep accurate logs as to the times and places of sealing, the number and sc.K of the seals captured, and shall enter an abstract thereof in their ollieial logs. " 8. Licences shall be subject to forfeiture for breach of above Regulations." At 1*30, the Tribunal took a recess. On reassembling, Sir Richard Webster resumed and concluded his argument. The Agent of ller Britannic Majesty then ])r(!sontcd to the Tribunal the following paper, which by agreement wifli the Agent of the United States, was submitted as a substitute for the papers heretofore presented as to Findings of fact:— " Findings of fart proposed by the Agent of Great Britain, and agreed to as proved by the Agent for the United States, and submitted to the Tribunal of Arbitration for its con- siderution. " 1. That the several searches and seizures, whether of ships or goods, and the several arrests oi masters and criiws, resi)ectively mentioned in the Schedule to the British Case, p. 1 to GO inclusive, were madr by the authority of the United States' Government. The questions as to the value of the said vessels or their contents or cither of them, and the question as to whether the vessels mentioned in the Schedule to the British Case, or any of them, were wholly or in part the actual property of citizens of the United Stat(>s, have been withdrawn from, and have not been considered by, the Trii)uual, it being understood that it is open to the United States to raise these questions or any of them, if they think flt, in any future negotiations as to the liability of the United States' Government to pay the amounts mentioned in the Schedule to the British Case. " 2. That the seizures aforesaid, with the exception of the " Pathfinder," seized at Noah Bay, were made in Behring Sea at the distances from shore mentioned in the Schedule annexed hereto, marked (C). " 3. That the said several searches and seizures of vessels were made by public armed vessels of the United States, the Commanders of which had, at the several times when ,they were made, from the Executive Department of the Government of the question ties lendcmain li URCEL. TKR. rUl'PER. ont. !mc of Ilcgu- in licences at islied, witliin e established, »gs as to the id sball enter ations." uraent. the following bmitted as a proved by the m for Us Con- tois, and the edule to the "nited States' leir contents the Schedule property of n considered ;ates to raise ons as to the ioned in the er," seized at ioned in the de by public several times Ltueut of the United States, instruftionH, a copy iil' one ol' which Im annexed hereto, ninrkod (A), and tliat the others wiHv in uU siibstiintial respects the unnw : that in all tlie instances in which |)r()cee(liiii,'s were had in tlie Distriet C'ourts of the United States resulting in condcnumtioti, siieli pruecedini^s were begun by tlio lUiiiy; of liljels, a copy of one of which is annexed liereto, niarived (II) :iiid tliat the lil)elN in the other j)r()cecdings were in all 8u1)stantiui respects t\w same : tliat the alleged acts or olVonccs for wliich said several searches and sei/iires were made were in each case; done; or com- mitted in Hehring Sea at tlie distance from shore aforesaid : and tliat in each case in which sentence of condemnation was passed, except in those cases when the vessels were released after condemnation, the seizure was adopted by the Government of the United States : and i.i those cases in which the vessels were released, tlie seizure was made by the authority of the United States. That the said fines and imprisonments were for alleged broaches of the municipal laws of the United States, wliich alleged breaches were wholly committed in Uehriiig Sea at the distances from the shore aforesaid. " 4. That the several orders mentioned in t\w Schedule annexed h('reto,and marked (C), warning vessels to h'ave or not to enter IJehring Sea, were made by public armed vessels of the United States, the Commanders nl' which had, at the several times when they were given, like instructions as mentioned in l-inding 15, above proposed, and that the vessels so warned were engaged in sealing ov iirosecuting voyages for that purpose, and that such action was adopted by the Goveranient of the United States. " 5. That the District Courts of the United States in which any proceedings were had or taken for the purpose of condemning any vessel seized as mentioned in the Schedule to the Case of Great Rritain, pp.1 to GO inclusive, had all the jurisdiction and powers of Courts of Admiralty, including the I'rizo Jurisdiction; but that in each case the sentence pronounced by the Court was based upon the grounds set forth in the libel." Aiiiicxcs (A) anil (K). (Fur tlio text of tlitw Amiexus, bo(! Protocol !5.>, Aiiiicxes (A) and (H) to the Findings of fact submitted l)y the Ajrent of tlio I'nited States.) Annex (C). Tlio following; Tiihlc kIiowh tho iiunicH of tlif Hiitisli Hcalini^-vefisoN suiKod or wariii'd by United Stfttos rovenuo cruiaors, IfSHd-'.tO, and tho iipproxinuito distuuco from laud whun seized. The diHtiinceH ivHsignud in the cases of the "(Jan ilciia," " Thornton," iind "Onward" are on tiio authority of I'nitcd States' Naval ('oniniander Ablioy. (Se(! ')(ttii Congress, 2nd Session, Senate Executive Documents, No. lOO, i)|). :iO, 30, and 40.) The ilistaiieea ateigned in tlio cases of the "Anna Heck," " VV. 1'. Say ward," "Dolphin," and "draco" are on tho authority of Captain Shepard, United .States' Royal Marine. Appendix, vol. iii.) (Hlu- Hook, United States, No. 2, 1890, pp. 80, H2. See 1 1 United States' Name of Vessel. Date of Seizure. Apjiroxiiiiatc distance from Lnnd when seized. Vessel making Seizure. Carolena Auj^ust 1, 188U .. 7') miles .. .. .. .. • • Corwin. Thornton August 1, 1886 .. 70 „ , , Corwin. Onward August 2, 1886 .. 115,, •• .. •• .. • • Cotwin. Favourite Augusta, 1886 .. Warned hy "Corwin" in about same position " Onward," OS Anna litck July 2, 1887 6G miles . . • • Kush. W. P. Saj ward ., July !•, 188/ 59 • • Uush. Dolphin .. July l'.>, 1887 40 „ • • Kush. Grace . . .. July 17. 18H7 96 „ Uush. Alfred Ailiimn .. Au';ii>t 10, 1887 .. 62 • • Hush. Ada .. Augustus, 1887 .. 15 . . Beur. Triumph August 4, 188/ .. Warned by " Hush " not to enter Bchring Sea. Juniiito. . July 31, 1889 .. 66 miles . . • , Uush. Patliflnder July 20, 1880 SO „ .. • Hush. Triumph July 11, 1889 Ordered out of Bchring Sea by " Rush. (?) As position when warned. to Black Diamond July 11, 1889 35 miles . . . . • • . . . • Uush. Lily . . Ariel .. August 6, 1889 .. 60 * . Uush. July 30, 1889 .. Ordered out of Bebring Sea by " Hush. ' Kate . . August 13, 1889 .. Ditto. . . . . . . . • • • Uush. Minnie . July 15, 1889 .. 65 miles . . . . • • Hush. Pathfinder March 27, 1890 .. Seized in Neah Bay* . . • • Corwin. • Neah Bay is in the State of Washington, and the " Pathfinder " was seized there on charges made against her in Bebring Sea in the previous year. She was released two days later. l:, M Mr. Christopher Robinson then bo^nn liis ari;uimMit on tliu (|iu>stionuf IlugulutiuDH. At 4 P.M. tho Tribuiml ndjniirn(>(l to tim )\«'Xt dny, at 11'30 A.M. Done nt PariH, tho 20th June, 18U;>, iiiul sii^ni'd •' Tho President Tho Apont for tlio United States. , The Alo /irc 1 in No. 96. Protocole No. 48. — Stance du Lundi, 3 Juillet, 1893. LE Tribunal s'est r^uni ii 11 heures 30, tous les Arbitres 6tant presents. L'Honorable Edward J. Phelps reprend sa plaidoirie. La stance est suspendue ji 1 heuro 30. A la reprise, V Honorable Edward J. Phelps continue son argumentation. A 4 heures la stance est levde et le Tribunal s'ajourne au lendemain h, 11 heures 30. Ainsi fait h Paris, le 3 Juillet, 1893, et ont signd : Le President ALPH. DE COURCEL. L' Agent des Etats-Unis . . . . JOHN W. POSTER. L'Agent do la Grande-Bretagne .. CHARLES H. TUPPER. ,. Le Secretaire A. IMBERT. julatiun8. 3EL. TER. 5, 1893. argument f as many 38 further e to retain best tliat )n, and of stant, and swell and JPPER. OS [English version.] Protocol So. iS.—Meelintj of Monday, July 3, 1803. THE Tribunal aisombhul at 11 -30 a.m., all tbo Arbitrators being present. The Ifonoitrdliln Kdward J. Pliflps iTsiuned liis argument. At 130 till! Tribunal took a rccoss. On reassoinbllug, thf llonournhlr Edward J. Phelps continued bis argument. At 1 P.M. tb(» Tribunal adjournrnl to the next day at 1130 A.M. iloncat Paris, tlio 3rd July, 181)3, and signed : Tbo Prosidont . . . , Tlie Agent for tlio United States . . Tbe Agent for Great Britain The Secretary ALPII. DE 'JOURCEL. •rOUN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation cortiflcd to bo accurato ; (Signed) A. Bailly-Blanciiard II. Cunynohame, '•} Co-Secretaries. Inclosure 2 in No. 00. Protocoh No. dO. — Seance du Mardi, 4 Juillet, 1893. LE Tribunal s'est reuni at 11 beurcs 30, tons loa Arbitrcs utant presents. VHonorable Edward J. Phelps rpprcnd son argumentation. La seance est suspenduc ii 1 heuro 30. A la reprise, VHonorahlc Edward J. Phelps continue sa plaidoirio. A i lieures la stance est levdn ct Ic Tribunal s'ajournc au Icndemain a 11 hcures 30. Vinsi fait il Paris, Ic I .Tuillct, 1803, ct ont signd : Lo IVsidcnt ALPII. DE COURCEL. L' Agent des Ktats-Unis . . . . .lOHN \V. FOSTER. L' Agent do la Grandc-Brotagne . . CUARLES H. TUPPER. Lc Secretaire A. IMBERT. !''!■ 4, 1893. 18, 49, 50, Tribunal. rPPER. heures 30. LCEL. R. PPEE. [English version.] Protocol No. W,-~Meetinfj of Tuesday, July i, 1803. THE Tribunal assembled at 11 30 a.m., all tbe Arbitrators being present. The Honourable Edward J. Phelps resumed bis argument. At 1 30 tbe Tribunal took a recess. On reassembling, the Honourable Edward J. Phelps continued his argument. At 4 p.M the Tribunal adjourned to the next day at 11*30 a.m. Done at Paris, the ttli July, 1803, and signed: The President ALPH. DE COURCEL. The Agent for the United States . . JOHN W. FOSTER. The Agent for Great Britain . . CHARLES H. TUPPER. The Secretary A. IMBERT. Translation certified to be accurate : (Signed) A. Bailly-Bianciiard, 11. CUNVNGHAME, .}c, Co'Secretaries. '•''•" ■• Inclosure 3 in No. 96. Protocole No. -iO. — Shncc du Mercredi, 5 Juillet, 1893. LE Tribunal s'est reuni k 11 heures 30, tons les Arbitres etant presents. L'Honorable Edward J. Phelps continue sa plaidoirio. La s6ance est suspendue fi 1 heure 30. A la reprise, {Honorable Edward J. Phelps poursuit sou argumentation. !1i 06 A 4 hen res la sdancc est lev6o et Ic Tribunal s'ajourne au lendemain tl 11 heures 30. Ainsi fait a Paris, le 5 .Tuillet, 1893, et ont signd : Le President ALPII. DE COURCEL. L'Agcnt des fitats-Unis .. .. JOHN W. FOSTER. LAgent dc la Grande-Brotagne . . CHARLES II. TUPPER. Lc Secretaire A. IMBERT. [English version.] Protocol No. 50. — Meeting of Wednesday, July 5, 1893. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present. The Honourable Edward J. Phelps resumed his argument. At 130 the Tribunal took a recess. On reassembling, the Honourable Edward J. Phelps continued his argument. At 1 P.M. the Tribunal adjourned to the next day at 11*30 a.m. Done at Paris, the 5th July, 1893, and signed : The President The Agent for the United States . The Agent for Great Britain Tlie Secretary ALPII. DE COURCEL. JOHN AV. FOSTER. CHARLES H. TUPPER A. IMBERT. Translation certified to be accurate : (Signed) A. Baii,ly-Bl.\ncuari), II. CUNYNGIIAME, ''\c, Co'Hecretaries. Inclosure 4 in No. 90. Protocole No. 51. — Se'ance du Jeudi, G Juillet, 1893. LE Tribunal s'est rd>uni a 11 lieures 30, tons les Arbitres (Jtant presents. VHonorable Edivard J Phelps reprend sa plaidoirie. La seance est suspendue a 1 heure 30. A la reprise, VHonorable Edwar(' J. Phelps continue son argumentation. A 1 heures la seance est lev(5e et le Tribunal s'ajourne au lendemain a 11 heures 30. Ainsi fait a Paris, le 6 Juillet, 1893, et ont sign6 : Le Pr(:'sident ALPII. DE COURCEL, L' Agent des l5tats-Unis . . . . JOHN W. FOSTER. *. L' Agent de la Grande-Bretagne . . CHARLES H. TUPPER. Le Secr<5taire A. IMBERT. [English version.] Protocol No, 51,~Meeting of Thursday. July 6, 1893. THE Tribunal assembled at 11-30 a.m., all the Arbitrators being present. The Honourable Edward ./. Phelps resumed his argument. At 1-30 the Tribunal took a recess. On reassembling, the Honourable Edward J. Phelps continued his argument At 4 P.M. the Tribunal adjourned to the next day at 1130 a.m. Done at Paris, the 6th July, 1893, and signed : The President The Agent for the United States . Tlio Agent for Great Britain Tiic L^cn^taiy . . ALPII. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER A. IMBERT. Translation certified to l)e accurate : (Signed) A. BjiiiiLT-BLANCHARU, II. CUNYNGHAMB, } CO' Secretaries. L hcures 30. RCEL. ER. UPPER. it. lent. RCEL. ER. UPPER s. . heures 30. RCEL, ER. UPPER. it. lent. RCEL. ER. UPPIHl '.>7 liu'losiirc ') ill No. SKI. Prolmole \o. ."iS. — Se'ancr (In \'endrcilU 1 Jiiit,\:, IS'.i."?. LE Tiil)unal s'est iruiii a 11 hcuros SO, tons los Arbitres >';tant prc-sonts. U Honoriible Jidward ./. Phelps roprcnd son argumentation. La seance est suspendue a 1 heuro 30. A la reprise, I'Honontble Eclirard J. Phelps eontiiuic sa i)lai(loirio. A 4 heurps la seance est l(!vec ct Ic Tribunal s'ajourne au leiulemain a 2 lieures de rapres-uiidi, Aiusi fait a Paris, le 7 .Tuillet, ISi);'., (>t out siujne: Le President VLl'II DK COURCEL. L'Agentdes Ktats-Uuis .. .. JOHN W. POSTER. L'Agcntdc la Grande- Hrotiigno .. CHARLES II. TUPPER. Le Secretaire .. .'. .. A. FMBERT. [Knglisii version.] Protocol No. 52.—Meeti>w of Friday, July 7, 1893. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present. The Honourable Edward ./. Phelps resumed bis argument. At 130 the Tribunal took a recess. On reassembling, the Honourable Edward J. Phelps continued his argument. At 4 P.M. the Tribunal adjourned to the next day at 2 p.m. Done at Paris, the 7th 3 Ay, 18G3, and signed : The President . . _ . . ALPil. DE COURCEL. The Agent for the United States . . .TOIIX W. FOSTER. The Agent for Great Britain . . CHARLES H. TUPPER. The Secretary A. IMBERT. Translation certified to be accurate : (Signed) A. IV^tllt-Blanciiakd, IT. CUNYNGHAMB, }'■» Secretaries. Inclosure 6 in No. 00. piotocole No. 5S.— Seance du Samedi, 8 Jiiillet, 1893. LE Tribunal s'est r^uni a 2 heures, tons les Arbitres etant presents. L'Honorable i,dward J, Phelps reprend et ach^ve sa plaidoirie. Sir Charles liussell, au nom de ses collogues, remercie les membres du Tribunal de la bienveillante attention av(!c laquelle ils ont suivi ces longs debats. II remercie ^galement le Secretaire, les Co-Secretaires, et Secretaires-Adjoints du Tribunal., ainsi que les Secretaires particuliers des Arbitres de Icur obligeant et utile concours. V Honorable Edward J. Phelps s'associe aux paroles de Sir Charles Russell, au nom des Conseils du Gouverneraent des fitats-Unis. II se fait I'interpr^te de tous ses collogues en vendaut hommage ^ la comnctence et a la courtoisie avec lesqiielles le President a dirige les discussions et renouvelle I'expression de leur gratitude pour rhospitalite de la France. Le President annonce alors que le Tribunal va prendre Tatfaire en ddlib^r*^. air Charles Russell et I' Honorable Edward J. Phelps t»5nioignent le desir qu'au cus oil le Tribunal, durant ses deliberations, croirait devoir s'adresser aux Conseils pour obtenir d'eux quelque edaircissement, la dcmande et la reponse aient lieu par ecrit. Le President r^pond que le Tribunal tiendra compte de ce desir dans la mesure du possible, sans renoncer toutefois r a droit que lui donne le Trait6 de requerir toutes informations orales, ecrites ou imprimees qu'il jugera utile. L' Agent de Sa Majesty Britannique fait connaitro qu'il restera il Paris, ainsi que I' Agent des Etats-Unis, a la disposition du Tribunal. A 4 heures la seance est levee, [691] O fj; 98 Ainsi fait a Paris, lo 8 .luillct, 181)3, ct ont sigiie; Lc I'lvsidnit. . L'A!»(M\t dos T^tats-Unis L'Au:t'iit do la Grando-Brotagnc . . Le Sccrotairo . . . . AT.I'H. DE COURCEL. .lOJLN W. FOSTER. CILARLES 11. TUPPER. A. IMBERT. [English version.] Protocol No. 53. — Meeting of Saturday, July 8, 1893. THE Tribunal assomblod at 2 p.m., all the Arbitrators being present. The Honourable Kdwurd J. Phelps continued and concluded his argument. Sir Charles Russell, in the name of his colleagues, thanked the members of tho Tribunal for the kind attention with Avhieh they had followed the lengthy debates. He also thanked the Secretary, Co-Secret aiies, and Assistant Secretaries of the Tribunal, as well as the Private Secretaries of the Arbitrators, for their obliging and useful assistance. The Honourable Edward J. Phelps indorsed the remarks of Sir Charles il'isscli in the name of Counsel for the Government of tho United States. lie re . tch ■ behalf of all his colleagues, to the ability and courtesy with which the Presi I '. . octed the discussions, and he renewed tho expression of their gratitude for tbc hospitality of France. The President thereupon annoiniced that the Tribunal would take the case under consideration. Sir Charles Kussell and the Honourable Edward J. Phelps expressed their desire that in case the 'LVibuiial, diu-ing ils deliberations, should find it necessary to obtain from Counsel any further information, the request for such information and the answer thereto should bo in writing. The President replied that tho Tribunal would take note of tho request as far as possible, without hjwever surrendering the right given it by the Treaty of requiring all such information, wliother oral, written, or printed, as it might deem useful. The Agent of Her Pri tannic Majesty announced that the Agent of the United States and he would remain in Paris at the disposition of the Tribimal. At 4 p.^r. the Tribunal adjourned. Done at Paris, the Sth July, 1893, and signed: Tiie President The Agent for the United States Tli(! Agent for Great Britain The Secretary . . . . ALPH. DE COURCEL. .JOHN W. FOSTER. CHARLES H. TUPPET A. IMBERT. Translation certified to be accurate : (Signed) A. Baillv-Blancuauu, U. CUNYNGUAMB, ■} Co- Secretaries. No. 97. Mr. Tapper to the Ec.rl of Rosehery. — {Received August It.) (Extract.) F r'-. iugust 13, 180;"! ■yVITH rcjferenco to your Lordship's despatch of the l5th April last aut previous correspondence, I have the honour to transmit herewith c copy of a letter which I addressed to Baron de Courcel on tho subject of tl.o viiltdrawal of the United States' Agent from tli»> joint arrangement for p.epaA" \s uiid piiJitiug short-hand notes of the proceedings before the Tribunal. 1 communicated a copy of ihis letter to Mr. F' ster. It appeared to me (hat, as these reports had been of obvious utility to the Arbitrators, tin- cost of their production might fairly be included among the expenses which, under Aiticle XII of the Treaty of Arbitration, are to be shared in equal '»■■») URCEL. ITER. TUPPER. lent. mbcrs of tho gthy debates, the Tribunal, g and useful I'lssfli in the r:i belialf ', . :octed lio.-!pilality of ic case under tboir desire iry to obtain tion and the uest as far as of requiring iseful. f the United URGEL. TER. TUPPET 99 : moieties by the two Governments, and, having failed to agree with the United States' Agent on tho subject, I deemed it advisable to outain an expression of opinion from the Tribunal itself. ^Ir. Foster, on reeeiving copy of my letter to Baron de Cnurccl, wrote in his turn a note to his Excellency (which he communicatc^d to me, and of which a copy is inclosrd), setting forth his reasons for dissenting from my views on the subject. Baron de Courcel has now replied, and I have the lionour to inclose an oxtraci from his letter, tho rest of which deals with another subject. Your Lordship will observe that the Arbitrators establish the utility of these reports. At the same time they do not consider themselves competent to examine by whom, and in what manner, the expenses ought to be met. t 13, 189;l ril last aui^ y of a letter •f the United I't-hand notes Inclosure 1 in No. 97. Mr. Tupper to Baron de Courcel. Dear Baron de Courcel, Paris, August 8, 1^93. YOU will remember that shortly after the commencement of the proceedings before the Tribunal the United States' Government withdrew from tlie joint arrange- ment for preparing and printing short-hand notes of the oral arguments. The correspondence which passed on this subject between the United Stites' Agent and myself, and a statement showing General Poster's reasons for withdrawing were laid before the Tribunal, and will be found on pp. o07 and 508 of Part III of the Reports of Proceedings. Since the withdi-awal of the United States' Government, which was finally announced ou the 12th April, the reports have been continued under the supervision of the British stafP, and at the sole expense of Her Majesty's Government. In recommending this course to Lord Rosebjry I was to a large extent influenced by tlie consideration that verbatim reports of the daily proceedings would be not only convenient, but necessary, for the members of the Trihunal. Prom some expressions used by yourself at the meeting of the 7th April (see Report of Proceedings, Part I, p. 148), I feel sure that you have appreciated their usefulness, and the constant reference which has been made to them by the other Arbitrators confirms my opinion as to their general utility to the Tribunal. Under tis in producing the reports of tho speeches oi their Counsel which they have presented to tlie Tribunal, in addition to those supplied by the British side. I regret that I have been unable, as shown in the correspondence refiu-red to above, to come to any agreement with the United Stiites' Agent on the subject, and this must be my excuse for troubling you with this reference. I have forwarded a copy of this letter to Mr. Foster. I am, &c. (Signed) CHARLES H. TUPPER. itility to the the expenses rod in equal fooi] 100 Inclosnrc 2 in No. 07. Mr, Foster to Baron de Courcel. Dear Sir, Paris, Auyiist 0, 1S93. T II AVE rcccnvod from the Honourable C. II. TiippcM-, Agent of tlie British Government, a copy of a communication dated the 8t1i instant, and addressed by him to you, containin^f a request resp(>etin^ the expenses incurred by him in preparing a report of the oral argument of Counsel before the Tribunal. This communication compels me to address you on the subject. The suggestion of the Asent of the British Government seems to be that the Arbitrators sliould in some manner, directly or indirectly, by their own acticm, impose iipon the Goverument of the United States a part of the expense incurred by him in in-inting a report of tihe proce(>dings before tlio Tribunal, including .he arguments of Counsel. This seems to me to b(> very extraordinary, and t can in no manner assent to it. If the expense had been incurred in pursuance of some agreement between the parties, there would have b(>en no oecasicm to trouble the Tribunal with any sugges'' T concerning its payment. If it had boon incurred in pursuance of some directioi > •■ hority of the Tril)unal, it would be v(>ry proper for that body to consider *i 'iciiid be defrayed. But it is 3on incurred in neither of these modes. This report has been made solely under tnc aufhority of the Agent of Great Brita'i without my authority or consent. It has never been subjected to any revision by me or aiiy one under my autliority, has never been furnished to me or to the Counsel of the United States, and is, so far as it has been made known to v.te by the use made of it in argument by the Counsel for the British Government v-oneous and imperfect. I cannot therefore consent to its adoption as a report ol llie proceedings of, and arguments before, the Tribunal. I was not unwilling at the outset of the sessions that a joint ai-rangement should be made, whereby an accurate report of tln^ proceeding of, and arguments before, the Tribunal should be furnished for the use of the Arbitrators and Counsel, as well as for the purj)oses of a permanent record. It is not necessary here to enter upon any statement of the circumstances which led to a failure to make such an arrangement. It is enough to say that to call upon the United States to contribute to the exjK'use incurred would imply tliat the Agent of Great Britain had the right, after failing to secure the assent of th<^ United States to the plan of icpoi'ting proposed by him, to proceed and execute that plan without the ass(>nt ot tlic United States, and without any supervision on its part, and that the United States was bound to contribute to the expense although it had received no copies of the full report. It seems to me quite unnecessary to dwell upon the incorrectness of such a position. I am, &c. (Signed) JOHN W. FOSTER. Inclosure 3 in No. 97. Baron de Courcel to Mr. Tupper. (Extract.) Paris, August 11, 1803. DllMNG a private meeting held by the members of the Tribunal of Arbitration I submitted to my colleagues the note which you were so kind as to address to me conccrrdng the short-hand reports of the Tribunal's proceedings and the mode of defraying the expense necessary for getting up tliose reports. 3Iy colleagues concurred Avith me that those reports had been practically very useful to all (if us, and had helped us in our work, and that we were under real obligations to all the persons who had taken tlu; trouble to prepare such reports. As to the question of the cost thereby incurred, the Arbitrators did not deem themselves competent to examine by whom, and in what manner, it ought to be met. l^' J), 1803. Mic British sod by liim prepavins^ a municntion )e that tlio ion, impos(> [ by liim in Ljunionts of no manner lit between I with any ice of some lat body to been made luthority or ) under my States, and iient by tlie t)t thcu'eforc before, the nt shoukl bo before, the B veil as for r upon any tfoment. It i\so incurred o secure the f)roceed and supervision 10 expense of such a FOSTER. 11, 1893. Arbitration Idrcss to 1110 he mode of tically very ! under real reports. As 1 themselves 101 No. 1)8. Mr. Tiippcr to the Earl of Rosebery. —{Received August 16.) My Lord, Paris, August 13, 1893. I HAVE the honour to transmit to your Lordship the decision of tlio Behiing Sea Tribunal of Arbitrators which has i)oou delivered to mo this day in accordance with Article XI of the Treaty of the 29th February, 1892.* I liave, &c. (Signed) CHARLES H. T UPPER, No. 99. Mr. Tuppcr to the Earl of Rosebery. — (Received August IG.) My Lord, Paris, August 15, 1893. THE iinal duty now devolves upon mo as Her Majesty's Aj^cnt to record an official acknowlodgmont of the services of those gontlemen with wlioin I have been associated. I esteem it a privilege to testify to tlie great value of the assistance which I have derived from the siip|)ort and counsel ot Sir diaries Russell, whoso masterly argument will ever remain a monument of learning and forensic skill, ilis conduct of the case of the Government of the (iueen kjft nothing to ho desired. The Attornciy-Gcneral was ably supported by Sir Richard Webster. I may be permitted to indorse the sentiments so hapi)ily expressed l)y the President of the Tribunal at the close of Sir lUchard's argument. " Sir Richard," said Baron do Courcel, " wo thank you for the very substantial and useful observations Avith which you have suppieiiieiitecl tlie argument of Sir Chai'lcs Russell. AVo knew how nuich wo Avero indebted to you already for the elaborato study you liavo made of this ease on belialf of Groat Bi'itiuM, and 1, for one, have very much admired the luu'ostrictod and friendly co-()])ei'ation of yesterday's Atturn(\v- General with to-day's Attorney-General. The country is indeed to be envied wlieio 2)arty spirit admits of sucii brotherly association when the national interest is at stake." 'Mr. Christopher Kobinson assisted in a signal manner, and fully jnstitied Jiis special nomination by the (Jovernment of Canada. Although I propose in this (les])ateh to confine Jiiy observations ohielly to those who attended the Arl)itiation proceedings at I'aris, I wish to refer to the late Honour* ahlo AV. H. Cross, one of the Counsel originally employed on behalf of Her Majesty's Government. His untimely deatli is deeply to ho deplored. Mr. Cross' ability I fully recognized and appreciated, Avhile his genial disposition had endeared him to all his associates. I have already alluded to the services of Mr. M. II. Box, and I have only to add that those of Mr. P. T. Piggott wore equally valuable. Sir George Baden-Powell and Dr. G. M. Dawson have been constantly consulted, and tlioir advice has boon of great value. l)r. Dawson attended at Paris. It gives me pleasure to bear witness to his indefatigable industry, Avhich Avas coupled with a ooniploto mastery of the subject of seal life. Mr. Maxwell, as Secretary of my Slatf, made himself oxcoodingly useful in every way, and I gratefully acknowledge his kindly and ready assistance. His intimate acquaintance with the Eroneh language has been most convenient to me, as well as to the public advantage. Mr. Charles Russell's services have also been of great benclit. In addition to the imi)ortant work wliioli came regularly under his attention as solicitor, ho, with the assistance of ilr. Piggott, undertook the laborious task of revising and superintending the printing of the stenographic notes of the prooeodings before the Tribunal. Mr. Anderson, of the Colonial Ollice, who. as your Lordship is aware, Avas con- versant with all the facts of this ease, rendered material aid. I have also to commend the diligence and zeal cviucel by Mr. Ashley * Tor CO))) of (lie decision inclosed In tliis despatcli see " United States No. 10 (1893)." [691] P 2 102 rroudc, C.M.G., Mr. .Toscpli I'opc, and ilr. James Sfacoun, and to express my appreciation of the readiness with wliioli these f^entlemen have at all times striven to facilitate tiie business of the Agency. In fact, the menih(!rs of tho General Stall Imvn vied with one another in their endeavonr to promote the common caus!>. The services rendered by ^Fr. G. P. Fairholmc.of the Foreign Ufllce, in the matter of the llussian translations, call for special mention. I may also refer to the excellent work done by him, as well as by Mr. II. Earnall and Mr. E. A. Crowe, as French translators generally, which has evoked from the Frcsident of the Tribunal an expres- sion of admiration. In thus acknowledging the valuable aid which I have received from those more immediately connected with tho Arbitration at Paris, I am not unmindful of the fact that there are others, whether serving under your Lordship or the Secretary of State for the Colonies, or in the employ of the Canadian Government, whose assistance in the laborious work of the pre])aration of this case merits recognition. As Minister of ^larine and Fislierics of Canada, it will be my pleasure and my duty to represent to his Excellency the Governor-General with more particuhiriiy my sense of the important services which have been rendered by officers of the Canadian Civil Service, wliose names do not appear in this despatch. In the meantime, I content myself with this general allusion. I cannot, however, dose these observations without expressing to your Lordship my warm api)reciatiou of the advantage which I have derived from associati/u with Sir Thomas Sanderson, of whose knowledge and experience I have fully .availed myself at every stage of tlic case. Indeed, I lind a difficulty adequately to express my gratitude to him for the readiness he has ever shown to assist me in tlio performance of those honourabh^ duties with which I have been charged . I have, &c. (Signed) CHARLES II. TUPFER. No. 100. Mr. Tapper to the Earl of Rosebery. — {Received August 16.) My Lord, Paris, Aurjust 15, 1893. I HAVE tb honour to report that the decision of the Tribunal having been delivered to me, I propose to leave Paris this day, and to sail for Canada on the 17th instant. I have asked Mr. Maxwell to remain here for a few days to wind up the business of this Agency. I have, &c. (Signed) CHARLES H. TUPPEIl. No. 101. The Earl of Roschery to the Marquis of Dufferin.* My Lord, Foreign Office, August 29, 189.3. TIIE Arbitrators appointed under the Treaty of Washington of the 29th J"'ebruary, 1892, for tlie examination of the various questions thai had arisen in connection with the fur-seal fishing industry in parts of Behring Sea and the North Pacific Ocean, have pronounced and published tlieir Aw.ird on the 15th instant. I have now niceived the Queen's commands to request that your Excellency will convey to the President of the French Republic Her M.njesty's acknowledgments of the great ability and unremitting attention displayed during the prolonged proceedings of the Tribunal by Baron de Courcel, the eminent Statesman nominated by the President as one of the Arbitrators on the Tribunal. The examination of the voluminous documents laid before them, and the difficulties surrounding the questions on Arbich they were occupied, have imposed on each one of the Arbitrators a considerable sacrifice of time and personal convenience and a large amount of personal Labour. * Similar dp^palcliea were addressed to Her Majesty's Representatives at Rome, Sti okliolm, and Washington. io:i T request that you will suhnilt to tlu' I'residfMit of the rivneh llcpuhlic the hope of Her Majesty tluvt lier ackuovvleclt^cmcnt?* may be conveyed to Harou do Courcel for the valuable sfrvicjs which he has rcudered on tiiis occasion. I am, &c. (Signed) llOSEBERY. No. 102. The Earl of liosebery to the Marquis of Dufferin. My Lord, Foreign Office, August 29, 1893. IN addition to the obligations conferred on this country by the Pi-esident of the French llepublic in the selection of an eminent Statesman to act as one of the Arbitrators on the l^ehrinsf Sea Seal Fisheries question, the President and the Government of the French Eepublic have shown a marked courtesy aiul magnificent hospitality to the members of the Tribunal and to the British and American gentlemen who have been engaged in the ))roceedings before it. I request that you will take a lifting opjjovtuuity of conveying to the President and to M. Develle the best acknowledgments of Her Mnjesty's (iovernmcnt for the attention and kindness shown to the JJritish menil)ers of the Court of Arbitration during the prolonged period over which its sittings have extended. The reception accorded to these gentlemen has been mentioned by them with the Avarnu'st expressions of gratitude, and lias been a cause of sincere gratification to the Queen and her Government as an evidence of cordiality, no less than of the generosity with which the French nation always treats its guests. I am, &c. (Signed) llOSEBERY. No. 103. The Earl of Rosebery to Mr, Tupper. Sir, Foreign Office, August 29, 1893. I HAVE to acknowledge the receipt of your despatch of the loth instant, inclos- ing the Award delivered on that day by the liehring Sea Tribunal of Arbitration, and of your further despatch of the sanu; date, in whieli you call attention to the services of the several gentlemen associated with you in the jiroeeedings before the Tribunal. I have received the Queen's conimaiuls to signify to you, and to those who have worked with you, Her Majesty's gracious approval of the zeal and ability with which you have maintained the interests of this country and of Ilcr Majesty's subjects in the important matters which W(!re submitted for decision. I have conveyed to the Attorney-General and to Sir Richard Webster the cordial acknowledgments of ller Majesty's Government for the manner in M'hich they have presented the Case of ller Majesty's Government before the Tribunal, and 1 must request you to offer the same acknowledgments on their behalf to Mi . 0. Robinson, Q.C., of the Canadian Bar. I note witii entire sympathy and agreement the tribute which you pay to tho ability of the late Mr. W. H. Cross, whoso premature death was a subject of deep regret. I have to request that you will assure Ur. Dawson of the great value attached by Her Majesty's Government to the assistance which he has rendered tliroughout the Arbitration, and their appreciation of the learning, ability, and patient industry which he has shown in collecting and placing at the disposal of those charged with the conduct of the British Case the information required for tho elucidation of the various questions of geography and natural history involved in the argument. I shall offer a sinular acknowledgment to Sir Q, Sadeu-Fowell. 101. It has nIVordcd mo sincoro i,'mtitication to road the testimony you hoar to the oirieient aid roeeived by you IVoui liio otiior ;,'eiitlemen employed at Paris, and to tho assistance Avliicii lias been ronderc'd to you by various membei-sol" this Uopartmont. I am, &c. (Signed) IIOSKBEIIY. No. 104. The Eiirl of Rosehery to Lord Httnnen* My Lord, Foreign Office, August 20, 1803. 'rilli labours of tho Tribunal of Arbitration appointed under the Treaty of AVasbingtou of the :iOth February, 1802, having bi^en now closed, and their Award delivered on the 15th inst^uit, 1 have received the Queen's commands to convey (o you Jler ."Slajesty's aeknowlodgments for your services as one of the Arbitrators, and her a,pDr(>ciiitiOii of the zeal and ability you have shown in that ollice. ITer IMajesty recognizes Ihat your duties, involving as they have done the closest •uceMtion during a prolonged period of time, were luulertakeu at considerable personal .uconveiiience and troin a strong sens 2!)lli ultimo, in wliicli v.)U iulorin mo llmt, you liavo received tiie (Queen's eouuujiuds U, coiivev to me Her Mnjesty's aekno\vi('(l!,'ments for my serrices as one of the Arhitraloi> under the Treaty 'of the 2i)th I'^ehruary, 1SU2. I desire to expi'css my respeetfnl ■;Tatitudt5 for tiu) •■•racious terms of approval with whicli those aekuf,\vks liave been deeml'd wortliy of th(> tliaiiks of llcr JFajesty's (ioviu'nment. T (rust that tin; labours 1 have hcnx eii|,'ai,'ed in will prove beneCicial, not only to this country on the present occasion, but to the interests of peace throughout the woi-ld. T have, «&c. (Sii^nied) liAXiNEN. 's, and No. 108. Sir C. Russell to the Earl of Rosehery. — {Received September 8.) My Lord, Lincoln's Lin, London, September H, 1893. I BEG to ncknowledflfo your Lordship's favour of the 2Hth ultimo, in which you are 1,'ood enou<,'h to convey to nie the thanks of Jfer IMajestv's Government for my s(>rvices in the neiu'in,:? Sea Arbitraticm. I thank your Lordsinp ; but I siiouhl like to be permitted to say how nnu'h th(> Counsel represe'ntinj^ tlie intei'csts of Gi'cat JJritaiu wer(^ indebted to the gentlemen connected with the I'oreign Otllee for most valuai)le help in tiieir labours. 1 refer, I need scarcely say, in an espe('ial manner to Sir Thomas Sanderson, whose wise counsel and criticism in the nreparation of the Case, Counter- Case, and Argmnent we valued highly ; but I refer also to the uurcmittiu!' help and attention of Mr. R. P. ilaxAvell and of Jlr. Ashley Eroude. I have, &c. (Signed) C. RUSSELL.